Terms & Conditions
Terms & Conditions
Table of contents
2. Eligibility for Membership of Livewire.org
3. Registration Process
4. Details, Details, Details!
5. Using Livewire
6. Removing Content and Termination of Membership
9. Liability, Warranties and Indemnity
10. Research and Evaluation
11. Third Party Links
13. Intellectual Property
So you want to be part of the Livewire community – awesome! First off, here’s a bit about who we are and what we’re about. Livewire is an online community designed to connect and support young people (and their siblings) with a serious illness, chronic health condition or disability.
It’s a place to connect and chill out and be part of a community of young people who just get it. A place where you feel understood and supported while also supporting others going through similar stuff.
Before you can jump on and access Livewire we just need explain some of the serious stuff so that you’re across how it all works and what’s ok and what’s not. We want to make sure that everyone is protected and that Livewire is always a safe, fun and supportive place to be.
Once you’ve read and accept the Terms and Conditions you’ll have access to the community site. These policies may be updated from time to time but don’t worry, we’ll let you know when any updates are made!
- Eligibility for Membership of Livewire.org
To become a Livewire member (think of it as your “access all areas” pass!) you must meet the following criteria.
- Be aged 12-20 years
- Have a serious illness, chronic health condition or disability or have a sibling with one of these three conditions.
- Submit the online membership application
- Validate your identity to receive full access in Livewire
- Registration Process
3.1 Submit the online membership application.
3.2 Validation time.
To make sure that we know you are who you say you are, we will:
- Chat with your parent or guardian (if you are under 18) to confirm your identity by asking some questions and ask they familiarise themselves with these Terms and Conditions!
- If you are over 18 we’ll speak with you directly and ask some questions so we can validate your account.
3.3 once we validate you we will send you a welcome email and cc your parent or guardian in so they have access to the Terms and Conditions.
- Details, Details, Details!
- When we validate your account we’ll need to grab some further details including your postal address (so we can send you awesome prizes and update you on important site developments!) and the nature of your illness or your siblings or health condition.
- If you are over 18 we’ll ask for an emergency contact person to keep on file
- Another way we can validate your account is through a Livewire In-Hospital Facilitator. If they’ve signed you up in hospital, you’ll be able to access the whole Livewire site straight away – we will contact you at a later date and collect your postal address and details on your condition.
- Prior to your validation, you’ll have limited access to the site, where you’ll still be able to post but not connect directly with other community members.
- Using Livewire
Livewire is all about connecting with others who just get it! We need to make sure however that you understand that any advice given by staff, other members or chat room guests, is not to be confused with or substituted for professional medical advice, diagnosis or treatment.
As a part of Livewire you, the chat hosts (that’s me – a Livewire team member) and other members can upload different forms of content including, pictures, status posts, comments, articles and videos.
It’s our job as Chat hosts to monitor and review all content that is posted on the site. If we feel that the content is not appropriate in any way, we will remove, edit or reject it from being posted entirely. This includes any private or public chat messages available on the site. We want to keep you safe and ensure that this is an environment that suits everyone.
By reading this you understand and agree that members’ views and opinions expressed on the Livewire Community are those of the members writing them and do not necessarily reflect our viewpoint. You agree that we have no responsibility and no guarantee of the accuracy of any content uploaded to the Livewire Community.
You also understand that we, as moderators, at any time and without notice to you, can modify and shut down, either temporarily or permanently, the Livewire Community, or any part thereof, for any reason.
When using the Livewire Community, you agree not to:
- upload any content in a way that breaches any law or regulation of Livewire.
- use the Livewire Community in a way which goes against the copyright, moral rights, other intellectual property rights, including the confidentiality or privacy rights, of any other person;
- use the Livewire Community in a way that may cause us to breach any law or regulation of Livewire.
- Upload inappropriate, offensive, defamatory, discriminatory, abusive, hateful, violent, obscene, indecent, vulgar or threatening content;
- harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
- encourage, endorse, approve or recommend the performance of dangerous or illegal acts including violence towards other people, suicide or self-harm;
- provide any information that is or is likely to be false, misleading or deceptive information including impersonating any other person;
- collect information about other users of the Livewire Community for any purpose other than what has been approved by us
- distribute a computer virus or any similar program or code that may disrupt, interrupt use of or disable the Livewire Community.
You acknowledge that you are responsible for having the tools necessary to access the Livewire Community, including internet connection and a device to access the site, and acknowledge that access to the site may involve third-party fees (such as Internet service provider charges or other airtime charges). You acknowledge that you are responsible for any and all fees and for obtaining all equipment necessary to access and use the Livewire Community.
- Removing Content and Termination of Membership
(This bit’s heavy going but stick with it!)
6.1 Removal of Content
We may, at any time, without prior notice to you, remove or refuse to upload any content which we consider in our discretion to:
ii Interfere with the technical operations of the Livewire Community.
6.2 Termination of membership
We may terminate or suspend your Livewire membership, and prevent your access to and use of the Livewire Community and content, at any time, without prior notice to you, if:
- requested to do so by law enforcement or other government agency;
- you request us to terminate your membership;
- unforeseen technical or security issues arise; or
- there has been an extended period of inactivity in your Livewire membership.
We will not be liable to you for any loss or damage that you or any other person may experience as a result of any removal or failure to store any content or if your account is terminated or suspended for any reason.
Make sure that you don’t upload any information that you don’t feel comfortable other people knowing. You agree not to upload or disclose any of your own personal information or any other person’s personal information on the Livewire Community.
You must not ask for, or pressure any other person to provide you with their personal information through the Livewire Community.
If you disclose personal information about yourself or another individual through the Livewire Community, you will remain responsible for how your information is used by the person you give it to and any other third party. We and any related employees do not take any responsibility for any legal ramifications you, your parent or guardian wish to take in the event of your information being used outside Livewire.
So you can access your account and personal details, you will set up a username and password.
Remember to always keep your password safe and don’t give it out to anyone. If you become aware that someone is using your login details to log into Livewire, contact us straight away so we can fix the problem. You can change your password at any time
- Liability, Warranties and Indemnity
The Livewire Community and its content is accessible to you ‘as is’. We can’t guarantee a perfect site.
While we make sure to our fullest extent that the Livewire Community is available to you, we can’t guarantee that access will be uninterrupted, error free or secure.
You acknowledge that your use of the Livewire Community is at your own risk. If you’re unhappy with the Livewire Community, your sole remedy is to stop using the site and request we delete your account.
However, we will always try to make sure that Livewire meets all needs as much as we can.
We will not be liable to you for any loss or damage that you or any other person may experience, whether you are following the rules or not.
You are solely responsible for any content which you upload to the Livewire Community. To the maximum extent, we and all related employees of Livewire exclude all liability for any type of loss or damage that you or any other person may experience, whether arising under contract, or not, or for any claims made against you, in connection with your use of the Livewire Community, including any content uploaded by you, any other Livewire member or any other information made available on the Livewire Community.
If you have a disagreement with another Livewire member, you release us and all related employees, from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with the disagreement.
By accepting these Terms or by using and accessing the Livewire Community, you (if you are over 18 years of age) or your parent or guardian (if you are under 18 years of age) hold us and all related employees and agents harmless against any loss, damage, liability, compensation, fine, penalty, charge, cost or expense, including all reasonable legal costs and expenses that may be incurred by us as a result of any claim or demand made against us by any third party arising out of:
- your infringement of any law or regulation; or
- your infringement of the rights, including any intellectual property rights, of a third party.
- Research and Evaluation
We are committed to ensuring that Livewire meets the needs of all members. From time to time, we may undertake research and evaluation activities to gain feedback and to better understand your needs.
Livewire members can of course choose not to participate, or withdraw from participating, in these activities at any time. This will not affect your relationship with Livewire or your use and access to the Livewire Community and other Livewire programs.
The information we gather from these research and evaluation activities may be presented in reports, conference papers or published in journals or media releases, but don’t worry your name won’t ever be disclosed.
If we’re looking for Livewire members to assist in media releases or conference presentations, we’ll ask for additional consent from your parent or guardian if you’re under 18 years or from you if you are aged over 18 years.
If you have any questions regarding Research and Evaluation, please contact Livewire on +61 2 8425 5971.
- Intellectual Property
13.1 Livewire Intellectual Property (IP)
We’re big on protecting knowledge and ideas so all Livewire text, graphics, photographs, logos, trademarks and other content is protected by copyright, trademarks and other proprietary rights.
Content (excluding content that you upload) means both content owned or licensed by us and content owned or licensed by third parties. All IP rights, including trademarks, copyright and database rights in the Livewire Community and content (excluding content that you upload), are owned by us and any related employees.
You acknowledge that you have no ownership rights in or to any of the Livewire IP, including any of our or any third party’s trademarks or trade names contained on the Livewire Community.
Livewire grants you a non-exclusive, non-transferable, personal licence (without a right to sublicence) to access, download and use any Livewire IP for the sole purpose of accessing and using the Livewire Community in accordance with these Terms.
When using our IP, you need to follow these Terms and any exceptions need our prior written consent. You must not:
- use, copy, reproduce, adapt, make unoriginal works of, publish, display, broadcast, communicate to the public, distribute or perform in public any Livewire IP for commercial purposes;
- use any of our or any third party’s trademarks or trade names contained on the Livewire Community;
- decompile, disassemble or reverse engineer any part of the Livewire IP; or
- remove any copyright or other proprietary notices from the Livewire IP.
You agree to let us know straight away should you become aware of any unauthorised use of the Livewire IP or of any claim that the Livewire IP infringes any copyright, trademarks or other right of any party.
13.2 Licence to Content
Sharing content is at the heart of what the Livewire Community’s about, so it’s important that you know how your content will be used.
a You acknowledge and agree that others who register and become Livewire members have access to and may download your content; and
b You agree that we can use your content as outlined in the Livewire Terms and we would seek your permission to use your content outside of Livewire or the stated guidelines.
14.1 Applicable Law
These Terms are governed by the laws of New South Wales, Australia. Both you and us agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
14.2 No Agency
We are not your agent for any purpose in relation to these Terms or your use of the Livewire Community.
Our failure to act on a breach of these Terms by you or any other person does not waive our right to act on subsequent or similar breaches. Neither us nor you may rely on the words or conduct of the other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
14.4 Invalidity and enforceability
If any provision of these Terms is invalid under the law of any jurisdiction, the provision is enforceable in that jurisdiction to the extent that it is not invalid, whether it is in severable terms or not.
Legal notices must be served at the following address for notices served on us:
Level 3, 80 Chandos St. Naremburn NSW 2065.
In the case of legal notices to be served on you, all notices will be sent to the email address you provide to us during the registration process.
14.6 Entire Agreement
The following sections survive any termination of these Terms: section 1 (Introduction), section 6 (Removing User Content and Termination of Membership), section 7 (Privacy), section 9 (Liability, Warranties and Indemnity), section 13 (Intellectual Property), and this section 14.7 (Survival).