Donor Connections Pty Ltd

Terms and Conditions of Site Use and Membership

In order to post information (data) about your specific donation details and contact other members on the website, you must first become a Member of Donor Connections Pty Ltd. As part of the Membership process, you must agree to the following Terms and Conditions of use.

SUMMARY OF SOME OF THE TERMS AND CONDITIONS OF USE

  • The Donor Connections Pty Ltd website is for information only. Donor Connections Pty Ltd recommend DNA testing to confirm the accuracy of any match. Donor Connections Pty Ltd do not guarantee any matches, and cannot confirm any matches.
  • Donor Connections Pty Ltd make no representations or warranties as to the accuracy of any information (data) posted by other Members on the website. Your use of the information on the website is at your own risk.
  • Membership is restricted to persons 18 years of age or older.
  • Members warrant that all Members Information and data is accurate and up-to-date at all times.
  • Members are not permitted to post personal information, such as name, email, and phone number, in the public information section.
  • Members are solely responsible for all usage of his or her Account.
  • Donor Connections Pty Ltd Membership is for the agreed period, or the life of the website only.

THIS AGREEMENT is made the day the Member accepts the Terms and Conditions.

BETWEEN the Members and Donor Connections Pty Ltd.

  1. Background
    1. Donor Connections Pty Ltd is proprietor of the System.
    2. The Members wish to use the System and Donor Connections Pty Ltd consents to the Members using the System pursuant to the terms and conditions set out in this agreement.
  2. Definitions
    • Member: A member of the public who uses the System.
    • Account: The fee payable by the Members to Donor Connections Pty Ltd for access to the site, in order to share Donation Information.
    • Data: Public information provided to Donor Connections Pty Ltd by Members.
    • Donors: Those persons who have donated eggs or sperm for procreation of humanity.
    • Donation Information: Information listed on the site by members about donors and donations.
    • System: An online system that links submitted Members Information about recorded donations, to provide the Members with information that may match with other Members Information. The System includes website, software, hardware, information, and intellectual property.
    • Members Information: Private information of Members for the purposes of identification, provided by Members to Donor Connections Pty Ltd. This information will not be available for public view.
  3. Interpretation
    1. Words importing the singular number include the plural and vice versa. Any gender includes the other genders. Any reference to a person includes a reference to a firm or corporation.
    2. A reference to legislation or to a legislative provision includes all regulations, orders, proclamations, notices or other requirements under that legislation or legislative provision. It also includes any amendments, modifications or re-enactments of that legislation or legislative provision and any legislation or legislative provision substituted for, and any statutory instrument issued under that legislation or legislative provision.
    3. The clause headings in and indexed to this agreement are for reference purposes only and do not in any way influence or affect the meaning of this agreement.
    4. A reference to any deed, licence, document or other instrument (including this agreement) includes a reference to that deed agreement licence document or other instrument as renewed, extended, novated, varied or substituted from time to time.
    5. A reference to any party to this agreement, deed, licence, document or other instrument required under this agreement or for the purposes of this agreement includes that party’s executors, administrators, substitutes, successors and permitted assigns.
    6. A reference to a business day means any day that the Australian Securities Exchange is open for trade.
    7. Where any act, matter or thing pursuant to this agreement is to be done on or by a business day and the date on or by which that act, matter or thing must be done does not fall on a business day, that act, matter or thing must be done on or by the immediately succeeding business day.
    8. Where any act, matter or thing is to be done on or by the 29th, 30th or 31st day of a month in which such a day does not occur; such act, matter or thing must be done on or by the last day of that month.
    9. References to clauses are references to clauses of this agreement.
  4. Registration
    1. Membership is restricted to persons 18 years of age or older. Although Donor Connections Pty Ltd specify this as part of their registration process, they are not responsible for minors accessing the site. It is the responsibility of each and every parent to supervise and monitor his or her child’s use of the Internet.
    2. Members must set up an Account with Donor Connections Pty Ltd to use certain parts of the System by choosing a password and providing Members Information.
    3. Members warrant that all Members Information is accurate and up-to-date at all times. (for example: donor numbers)
    4. Members warrant that, where possible, he or she has entered all Members Information requested by Donor Connections Pty Ltd into the Members registration form that appears on the Donor Connections Pty Ltd website before executing this agreement.
  5. Members Information
    1. Members assume sole responsibility for maintaining the confidentiality and security of Members Information. Any material or communication (data) posted on the public information part of the website by a member, or anyone representing a member, will be treated as non-confidential and nonproprietary.
    2. Members agree that they will not post any information, on the public information section, that they do not wish to be displayed for public viewing.
    3. Members are not permitted to post personal information, such as name, email, and phone number, in the public information section. This information will be removed. If Members persist in adding this information to the public information section, they will be removed from the site and any membership fee they may have paid will not be refunded.
    4. Members must not authorise others to use Members Information.
    5. Members are solely responsible for all usage of his or her Account including, but not limited to, use of the Account by any person who uses the Account, with or without authorisation, or who has access to any computer from which the Account is accessible.
    6. If the Account becomes no longer secure the Members must immediately contact Donor Connections Pty Ltd and the affected Account must be updated by the Members by using the appropriate update mechanism on the System.
    7. The Donor Connections Pty Ltd website is for information only. The information, and opinions, provided by Members is neither endorsed nor supported by Donor Connections Pty Ltd or any other individual or organization. Donor Connections Pty Ltd recommend DNA testing to confirm the accuracy of any match. Donor Connections Pty Ltd do not guarantee any matches, and cannot confirm any matches.
  6. Data Collection & Storage
    1. Members consent to Donor Connections Pty Ltd:
      1. monitoring the Members’ use of the System (including the Members’ participation in forums, chat rooms, blogs, quizzes and browsing web pages);
      2. storing the Members’ data for the life of the website, unless Donor Connections Pty Ltd receives a written request from the Member to remove the details from public view;
      3. destroying the Members’ data for any reason.
      4. using any Members’ data (public information) for any purpose, including, but not limited to, transmission; disclosure; publication; broadcast; reproduction; or posting. Donor Connections Pty Ltd is also free to use any concepts, ideas, techniques, or know-how contained in any public information.
  7. Private and Sensitive Information
    1. Private information includes information communicated to Donor Connections Pty Ltd by the Members that is not available to the public.
    2. Sensitive information includes information communicated to Donor Connections Pty Ltd by the Members with respect to the Members or any other person which relates to the following matters:
      1. race;
      2. religion;
      3. sex life;
      4. political beliefs;
      5. financial position.
    3. The Members are not required to provide Donor Connections Pty Ltd with sensitive information however if the Members do not provide that information then it may result in a reduction in the level of service offered by Donor Connections Pty Ltd.
  8. Viewing Members’ Information
    1. The Members may be required to pay a fee to Donor Connections Pty Ltd to view the Members’ Information data held by Donor Connections Pty Ltd.
    2. At no cost to the Members, the Members may obtain confirmation from Donor Connections Pty Ltd as to whether the Members’ Information is or is not being held by Donor Connections Pty Ltd.
    3. Members may attempt to use the site over a medium that may be beyond the control and jurisdiction of Donor Connections Pty Ltd. Therefore, Donor Connections Pty Ltd assumes no liability for the delay; interruption; failure; or corruption of any data transmitted in connection with the site, where data is displayed normally on mediums within the control and jurisdiction of Donor Connections Pty Ltd.
  9. Consent to Receive Marketing Materials
    1. The Members understand that the System is evolving and that Donor Connections Pty Ltd would like to keep Members informed of new services and features as they become available.
    2. The Members consent to receiving marketing materials from Donor Connections Pty Ltd by e-mail.
    3. The Members agree that to cease receiving marketing materials by e-mail from Donor Connections Pty Ltd the Members are required to click the “Unsubscribe” link included in such e-mails and / or contact Donor Connections Pty Ltd directly with a request to unsubscribe the Members.
  10. Payments of Account
    1. Members must pay Donor Connections Pty Ltd the agreed Membership fee.
    2. Unless Membership is being offered at no cost, Members must submit credit, debit, bank account or charge card information to Donor Connections Pty Ltd, or their nominated online payment system, prior to accessing Donors Information.
    3. If payment cannot be charged to a credit, debit, bank account or charge card so submitted for any reason the Members remain liable personally for all fees incurred as a simple debt and Donor Connections Pty Ltd reserves the right to either suspend or terminate the Account and terminate this agreement.
  11. Refunds
    1. Donor Connections Pty Ltd do not provide refunds to Members except for:
      1. non-display of Donors data (public information), provided by the member, that cannot be rectified within thirty (30) days;
      2. display of Donors data (public information), provided by the member that is incomplete or illegible due to a technical fault with the System, and cannot be rectified within thirty (30) days.
    2. All requests for refund must be made in writing to Donor Connections Pty Ltd within a reasonable time of Members becoming aware of the relevant circumstance and normally within 5 (five) business days thereof.
    3. If the Donor Connections Pty Ltd website should cease to operate for any reason, Donor Connections Pty Ltd will not provide refunds to existing members. The Membership is for the agreed period, or the life of the website only.
  12. Indemnity and Waiver
    1. Members acknowledge Donor Connections Pty Ltd strives to maintain data security, which includes keeping the System free of viruses, Trojans and other malware. Donor Connections Pty Ltd cannot guarantee the security of the Members’ computer or the data contained therein. The Members indemnify and save harmless Donor Connections Pty Ltd against all loss or damage incurred as a result of viruses, Trojans or other malware affecting its computers or the data contained thereon that are proven to have emanated from Donor Connections Pty Ltd.
    2. Donor Connections Pty Ltd make no representations or warranties as to the accuracy; completeness; currentness; usefulness; reliability; or adequacy of any content; information; resource; product; apparatus; communication or process available from or at this site.
    3. Members indemnify and hold harmless Donor Connections Pty Ltd, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney’s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by Members of this Agreement, including the foregoing representations, warranties and covenants and any violations of the Members of any existing agreement he or she may have with a sperm bank or facility to maintain confidentiality.
    4. Members waive all rights to any claim against Donor Connections Pty Ltd for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with the System.
  13. Non-endorsement of Third Party Websites
    1. Donor Connections Pty Ltd does not warrant the accuracy of, nor does Donor Connections Pty Ltd endorse any third party resources that are linked to or referred to by Donor Connections Pty Ltd.
  14. Website Use
    1. The Members must not impersonate, imitate or pretend to be somebody else when using the System.
    2. Members must not provide to or post on or through the System any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and / or commercial offers.
    3. Members must not repeat the same posting in the System multiple times in any given week.
    4. Members must not use any obscene or offensive language or to provide to or post on or through the System any graphics, text, photographs, images, video, audio or other material that is defamatory sexist, abusive, bullying, harassing, racist, hateful, or violent.
    5. Members must not use any sexually explicit language or to provide to or post on or through the System any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
    6. Members must not provide to or post on or through the System any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation.
    7. Members must use the System only for lawful purposes and acknowledges that his or her failure to do so may subject her to civil and criminal liability.
    8. Images of people and places displayed on Donor Connections Pty Ltd are either the property of, or used only with permission by, Donor Connections Pty Ltd. The use of these images by a Member, or anyone authorized by a Member, is prohibited.
    9. Members must ensure that any graphics, text, photographs, images, video, audio or other material provided to or posted on the System, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
    10. Members must not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, including without limitation the Assets or Website Content, except as permitted by the Copyright Act 1968 (Cth) or other law or as expressly permitted in writing by this agreement or by Donor Connections Pty Ltd.
    11. Members must not disrupt, overwhelm, attack, modify, reverse engineer or interfere with the System or its associated software, hardware and / or servers in any way, and shall not impede or interfere with others’ use of the System.
    12. Other than connecting to Donor Connections Pty Ltd’ servers by http / https requests using a web browser, the Members must not attempt to gain access to Donor Connections Pty Ltd’ servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the System or otherwise.
    13. Members must immediately contact Donor Connections Pty Ltd should they discover his or her privacy has been invaded by unsolicited contact by anyone, as a result of the information or data they provided to Donor Connections Pty Ltd.
    14. The trademarks, logos, and service marks displayed on the System are registered and unregistered Trademark(s) of Donor Connections Pty Ltd or others. Nothing contained on the System should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) displayed on the System without the written permission of Donor Connections Pty Ltd or such third party that may own the Trademark(s) displayed on the System.
  15. Jurisdiction
    1. The courts of the state of Queensland, Australia have exclusive jurisdiction to adjudicate any legal dispute arising out of this agreement.
    2. If any clause in this Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such clause will not affect the validity of the remaining clauses of these Terms and Conditions, which shall remain in full force and effect. If a clause were waivered by Donor Connections Pty Ltd, the waiver of such clause will not affect the validity of the remaining clauses of these Terms and Conditions, which shall remain in full force and effect.
  16. Entire Agreement
    1. This agreement excludes and completely supersedes any other agreement that may have been entered into between Donor Connections Pty Ltd and the Members, except where another agreement is dated after the date of this agreement and is signed by both Donor Connections Pty Ltd and the Members.
    2. If Donor Connections Pty Ltd updates these Terms and Conditions, Members will be notified of such update by way of an email to all existing Members before the changes are made. Once the Terms and Conditions are updated, members can visit the Terms and Conditions page to view the updated Terms and Conditions at any time.
  17. Termination
    1. This agreement is terminated upon any or all of the following occur:
      1. Members send written notice to Donor Connections Pty Ltd of an intention to deactivate his or her Account;
      2. Members deactivate his or her Account;
      3. A breach of this agreement by the Members.

ELECTRONICALLY SIGNED by the Members pursuant to the Electronic Transactions Act 1999 (Cth).

EXECUTED by Donor Connections Pty. Ltd. (ACN 158 379 161)

by Sian Rodgie, Director, and Dale Rodgie, Director, being persons who are authorised to sign for the company, Donor Connections Pty Ltd (ACN 158 379 161), pursuant to the Electronic Transactions Act 1999 (Cth).

Donor Connections thanks you for your Membership and we hope you find our website informative and easy to use.