Disclaimer
Information on all Alcohol and Drug Foundation websites, including but not limited to community.adf.org.au, shop.adf.org.au and goodsports.com.au is intended as a general guide only. While care has been taken to ensure that the information contained on all of our sites is complete and correct, the Alcohol and Drug Foundation (ADF) makes no representation as to the completeness, accuracy, reliability or suitability of the contents of these websites. The ADF does not offer any information on our websites as a tool for treatment or counselling. The ADF recommends that prior to making any decision based on any information on our websites, you should obtain independent professional advice.
The ADF assumes no responsibility and accepts no liability for the condition or content of any other websites or information linked to or accessed from our websites. Links on our websites to other websites are provided for convenience only and do not represent any endorsement by the ADF of any information or services offered by the owner or operator of such websites.
The ADF is not liable for any loss, injury or damage caused to any person in connection with the use of information on this website, whether or not the loss, injury or damage, was caused by any misrepresentation, negligence, omission or breach of duty on the part of the ADF, its respective employees, contractors or representatives.
Nothing in this disclaimer is intended to exclude any warranty or condition that may be implied by the Trade Practices Act 1974 or any similar consumer legislation. However, if any such provision is breached, the ADF’s liability will be limited (where permissible by law) to (in the case of the supply of goods) the replacement or repair of the goods or (in the case of the supply of services) supplying the services again.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
ADF (“We,” “Us,” “Our” etc) is offering a mobile messaging program (the “Program”) through Ortto Inc. (“Ortto”), which you may use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in the Program, you accept and agree to the terms of the Agreement, including, without limitation, agreeing to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online, offline, or application-based enrolment forms. Regardless of the opt-in method you utilised to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialled or manually dialled marketing mobile messages (as applicable) at the phone number associated with your opt-in. However, you understand that opting in to the Program is not necessary in order to engage with Us in other ways.
User Opt Out: If you do not wish to continue participating in the Program, you can reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.
Program: Without limiting the scope of the Program, users who opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text HELP to the number you received messages from, or email us at goodsports@adf.org.au. Please note that you should not use this to opt out of the Program (see User Opt Out options above).
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. We, any party that assists Us in the delivery of the mobile messages, and the relevant wireless carriers are not liable for delayed or undelivered mobile messages.
Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you may need your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:
* Any fraudulent, defamatory, offensive, threatening, harassing, or criminal activity;
* Objectionable content including: profanity, obscenity, sexual content, violence, bigotry, hatred, and discrimination on the basis of: race, ethnicity, political opinions or associations, sex, religious or philosophical beliefs, nationality, disability, sexual orientation, or age;
* Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
* Any product, service, or promotion that is unlawful where it is received;
* Any content that includes or references personal health information; and
* Any other content that is unlawful where it is sent.
DISPUTE RESOLUTION - ARBITRATION CLAUSE. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED: In the event that there is a dispute, claim, or controversy between you and Us (or between you and any other third-party service provider, including Ortto, acting on Our behalf within the scope of the Program), arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Melbourne, Victoria , Australia before one arbitrator.
Miscellaneous: You and We each warrant and represent to the other that we respectively have all necessary capacity and authority to agree to and comply with this Agreement. The failure of either of you or Us to exercise any right provided in this Agreement will not count as a waiver of any further rights. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to allow this Agreement to otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified. This Agreement is made subject to the laws of Victoria and to the jurisdiction of the courts of Victoria.