Livewire Online Terms & Conditions
These Terms & Conditions are between Starlight Children’s Foundation Australia (ABN 80 931 522 157) (Livewire), operator of the livewire.org.au website (Livewire
Community), and ‘you’ the Livewire member and website user. These Terms & Conditions may be updated from time to time but don’t worry, we’ll let you know when any updates are made!
You can also see our Privacy Statement here.
Eligibility for Membership of Livewire Online
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;
- Experiencing hospitalisation, have a serious illness, chronic health condition or
disability or have a sibling with one of these three conditions;
- Submit the online membership application; and
- Validate your identity within 2 weeks of submitting your online membership application.
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 the Livewire Team, 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 the Livewire Community you, the Chat hosts (that’s our Livewire team members) and other Livewire members can upload different forms of content including, pictures, status posts, comments,articles and videos (User Content).
It’s our job as Chat hosts to moderate, monitor and review all User Content that is posted on the Livewire Community. If we feel that the User 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.
or terms displayed on the Livewire Community. In these cases, we may need to share your User Content with our third party service providers.
By reading this you understand and agree that Livewire 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 for and do not guarantee of the accuracy or quality of any User
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. We also cannot guarantee that the Livewire Community will be accessible, available or error free.
When using the Livewire Community, you agree not to:
- upload any User Content in a way that breaches any law or regulation.
- use the Livewire Community in a way which infringes the copyright, moral rights, other intellectual property rights, or 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.
- Upload inappropriate, offensive, defamatory, discriminatory, abusive, hateful, violent, obscene, indecent, vulgar or threatening User 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.
- Registration and Validation processTo ensure the safety of the Online Community we verify all members (you!) by:
- Chatting with your parent or guardian (if you are under 18) to confirm your identity by asking some questions, and to seek their consent for you to participate in the Livewire Community.
- Speak with you directly if you are over 18 and ask some questions so we can validate your account, as well as speak with your emergency contact.
- Confirm your eligibility which may include, a referral form from a health professional, teacher or other support service professional (e.g., school counsellor), or a form of ID
Once we verify your account, we will send you a welcome email and cc your parent or guardian in (if you are under 18) so they have access to these Terms.
- 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 Livewire Community developments!) and the nature of your or your sibling’s illness or health condition including contact details of someone who can confirm this.
- Another way we can validate your account is through our Starlight Wishgranting and In-Hospital teams. If our team signed you up in hospital, you’ll be able to access the whole Livewire Community straight away for 24 hours – we will contact you to validate your details and you’ll have the ability to add any other personal details upon logging into the site. You’ll have 24 hour access to the Livewire Online Community where you’ll be able to post and interact with other Livewire members. If we can’t validate your account within 24 hours you will no longer have access. If our Wishgranting Team invites you to join Livewire, you will have full ongoing access.
5. Termination of Membership
(This bit’s heavy going but stick with it!)
We may terminate or suspend your Livewire membership, and prevent your access to and use of the Livewire Community and User 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.
So you can access your Livewire Community 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.
7. Liability, Warranties, and Indemnity
The Livewire Community and its User Content is accessible to you ‘as is’. We can’t guarantee a perfect site. We, and our related bodies corporate, directors, officers, employees and agents exclude all representations and warranties of any kind, whether express of implied, regarding the currency, accuracy, completeness, suitability, functionality or reliability of the Livewire Community, including the User Content.
While we make sure to our fullest extent that the Livewire Community is available to you, we do not guarantee or warrant 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, just send us a request and we can delete your account.
We will not be liable to you for any loss or damage that you or any other person may suffer, however arising, in connection with any loss, damage, corruption, alteration or misuse or User Content or otherwise arising out of your use of the Livewire Community, or if your Livewire account is terminated or suspended for any reason.
You are solely responsible for any User Content which you upload to the Livewire Community. To the maximum extent permitted by law, we, our related bodies corporate, directors, officers, related employees and of Livewire exclude all liability for any type of loss or damage (including consequential) 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 access to or use of the Livewire Community, including any User 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.
8. Third Party Links
The Livewire Community may contain links to third-party websites. We have not reviewed any third-party website or their privacy policies and terms and conditions therefore we accept no responsibility for the content of these sites.
If you use any link on the Livewire Community then the terms and conditions or policies of the organisation operating that third-party website, and not these Terms, will apply to any information you provide about yourself or obtain once you have entered that link. We accept no responsibility or liability for any loss or damage whatsoever that may be incurred as a result of you accessing any linked third-party websites.
9. Intellectual Property
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 User Content) 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 User Content), 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 in the Livewire Community.
We grant you a non-exclusive, non-transferable, personal license (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 derivative 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 by any party or of any claim that the Livewire IP infringes any copyright, trademarks or other right of any party.
10. License to User Content
Sharing User Content is at the heart of what the Livewire Community’s about, so it’s important that you know how your User Content will be used.
10.1 You grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license (with a right to sublicence) to use, copy, reproduce , adapt, make derivative works of, publish, display, broadcast, communicate to the public, distribute, perform in public, and otherwise exercise the intellectual property rights in any such User Content for any purpose, including making such User Content available to others and for any promotional or communication activities;
10.2 You acknowledge and agree that other Livewire members have access to and may download your User Content; u agree that we can use your User Content as outlined in these Terms and we would see.
10.3 You are aware we may, at any time, without prior notice to you, remove or refuse to upload any User Content which we consider in our discretion to:
10.4 Note we will ask your permission to use your User Content outside of Livewire or the stated guidelines.
11.2 Applicable Law
These Terms are governed by the laws of New South Wales, Australia. Both you and Livewire agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
11.3 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.
11. 5 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.
11.7 Entire Agreement
The following sections survive any termination of these Terms: section 1 (Introduction), section 7 (Removing User Content and Termination of Membership), section 8 (Privacy), section 10 (Liability, Warranties and Indemnity), section 14 (Intellectual Property), and this section 15.7 (Survival).
Livewire’s priority is to protect the privacy of all Livewire users. For any questions about these Terms & Conditions, contact:
Livewire membership services
Ph: 02 8425 5971