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Website Terms of Use

Using our website

About this website

  • This website is maintained by Breaking the Silence Ltd, trading as DVassist, for the benefit of the community. We set out the terms and conditions that govern the use of this website (“Terms”). Please consider these Terms carefully, particularly the disclaimers and limitations of liability. You must not use this website if do not agree with these Terms.
  • While care has been taken to ensure the information provided is up to date and accurate at the time of publication, users should be aware that details may change over time, without notice. Should you find any details provided on the website are no longer accurate or up to date, please contact us.

Terminology

  • Domestic violence/relationship abuse refers to intimate partner relationships, not child abuse.
  • Because the vast majority of relationship abuse is committed by men against women in heterosexual relationships, this website sometimes contains the female gender pronoun when referring to the abused person. All of the information on this site is relevant for male victims and for individuals in same-gender relationships.
  • Our goal is to be gender inclusive, including using gender-neutral language. As such, we continue to upgrade this site to achieve these goals while analysing gender as a construct that has implications on gender-based violence in both heterosexual and same-gender relationships.

Conditions of use

  • You are responsible for all of your activity in connection with accessing and using this website.
  • As a condition of your use of this website, you agree to comply with all applicable laws and regulations and with these Terms. Specifically, you must not: violate any laws or infringe any rights of a third party; 
    • violate any laws or infringe any rights of a third party; 
    • defame, harass, abuse, stalk, threaten or otherwise offend any other person; 
    • disseminate any material in any form which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious; 
    • use any malware, address harvesting software, automated script tool, robot, scraper or spider or distribute any viruses or other technology; 
    • bypass any security mechanisms imposed by this website, or tamper with, hinder the operation of or make unauthorised access or modifications to this website; 
    • impersonate any person in any way that is false or misleading; or
    • copy, modify or distribute another person’s information or material.

Listings of third parties 

  • Our website contains listings of the contact information of other organisations and their websites, including through our “Find a Service” tool. We are not responsible for these other organisations and do not have control over the information or other material on their websites (including their currency, accuracy or reliability). 
  • DVassist does not recommend or endorse any of the organisations in our listings. To the extent permitted by law, we have no liability arising out of your use or reliance on any of the organisations and their websites included in our listings.

Disclaimers

  • This website is provided “as is” without any representations or warranties, express or implied. To the extent permitted by law, DVassist makes no representations or warranties in relation to this website or the information and materials provided on this website. The use of this website is at your own risk. 
  • Without prejudice to the generality of the foregoing paragraph, DVassist does not warrant that:
    • this website will be constantly available, or available at all; or 
    • the information on this website is complete, true, current, accurate or non-misleading.
  • DVassist may change, amend or update these Terms at any time without notice. Please contact DVassist via our “Contact Us” page directly if you would like to verify the accuracy of the content and information and its relevance.  
  • Importantly, nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability 

  • To the fullest extent permitted by applicable law, DVassist will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to any loss or damage arising from the use or otherwise in connection with this website or any of its contents, whether or not the possibility of loss was known to us, including any: 
    • direct loss;
    • indirect, special or consequential loss; and
    • loss of profits or anticipated savings or any other any business losses, loss of revenue or income, loss of reputation or goodwill, or loss or corruption of information or data.
  • Nothing in these Terms exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, including any liability in respect of any:
    • death or personal injury arising from our conduct or omission; or 
    • fraud or fraudulent misrepresentation on the part of DVassist.
  • Where permitted by law, DVassist’s liability for any breach of warranty, guarantee, term or condition implied into these Terms which cannot be excluded will be limited to the re-supply of this website or the cost of that re-supply.
  • The limitations of liability and warranties set out in these Terms extend to all DVassist’s board members, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Security

  • DVassist takes all reasonable steps to protect the information that you transmit using this website.  However, we cannot guarantee the security of any information that you transmit to us using this Website.  Therefore, any information you transmit using this Website is transmitted at your own risk.  When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.

Privacy

  • DVassist may collection your personal information through your use of this website.  We collect, use, hold and disclose your personal information so that we can provide our services to you and the community. Our privacy policy, available at https:// dvassist.org.au/privacy-policy/, contains more information about our approach to protecting your privacy and how you may access and correct the personal information that we hold about you and how to lodge a complaint relating to our treatment of your personal information, and how we will deal with such complaint.
  • You consent to your personal information being collected, used and disclosed in accordance with these Terms and our privacy policy.  You must not submit the personal information of another person, unless that person has read, understood and accepted these Terms and our privacy policy.
  • We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect aggregated information about how users use our website (see below).

Cookies and other tools

  • We may collect aggregated information about how users use our website, including in some cases through the use of cookies and other similar tools. We use these tools to measure traffic patterns, obtain session recordings and ‘heat maps’, which allows us to determine which areas of our website have been visited and to measure interaction patterns by the user. We use this to research our users’ habits so that we can improve our online information and education. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.
  • We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

Intellectual property

  • Except where we have indicated otherwise, DVassist either owns or has the licence to use all intellectual property (including copyright, trade marks and designs) which subsists in the materials on this website. 
  • DVassist grants users a non-exclusive licence to reproduce and download information for the intended purpose, but otherwise, no part of this website may be reproduced, reused, retransmitted, adapted, published, broadcast, publicly communicated or distributed without our prior written permission. In particular any names, logos, trade marks or branding are the property of their respective owners should not be used without their express consent.

General 

  • If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision that creates invalidity, unlawfulness or unenforceability will be severable from these Terms and not otherwise affect validity, legality and enforceability of the other provisions.
  • These Terms are governed by the laws of the State of Western Australia, Australia.
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