Remembering Philip Vassallo

This section sets out the Terms that apply to your use of the Blue Datto Foundation website (Services). Your continued use of our Services indicates to Blue Datto that you agree with these Terms, as updated from time to time. We may change these Terms from time to time, so please check back regularly.
Use of Material on the Website
You may not use the Website, or the information and material contained on it, for any purpose. This involves:
a) the reproduction of the material in any material form;
b) the distribution of the material in any material form;
c) retransmission of the material by any medium of communication;
d) uploading and/or reposting the material to any other site.
Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
You may not modify or copy:
a) the layout of the Website; and
b) any computer software and code contained in the Website.
The Blue Datto Foundation reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
a) re-sold and/or re-distributed in any material form;
b) stored in any storage media; and/or
c) retransmitted in any media; without the prior written consent of Blue Datto Foundation.
Links to other Websites
The Website contains links to other websites that are owned and operated by third parties and which are not under the control of the Blue Datto Foundation.
In relation to such websites, the Blue Datto Foundation:
a) provides the links to other sites as a convenience to you. The existence of a link to other sites does not imply any endorsement by the Blue Datto Foundation of the linked site; and
b) is not responsible for the material contained on those linked sites.
Use of information Gathered
Blue Datto Foundation and/or the people authorised by it may gather and process the information:
a) which you may provide when accessing the Website, such as your name, address, email address and other personal information and;
b) regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Website.
The gathering and processing of information is for research and assessment purposes only and not for commercial gain.
Hosting a Blue Datto Fundraising Event
By registering to host a Blue Datto Fundraising Event, you accept that you are responsible for the organization and running of the Event, which includes acquiring any necessary permits, permissions and/or insurance required to host such an event. There may be risks and dangers inherent to an Event, and by choosing to host it you understand and accept that Blue Datto will not have any liability in relation to any injury, damage or loss incurred in connection with your Event.
DISCLAIMER
The Blue Datto Foundation and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website. Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.
The Blue Datto Foundation is making the Website available for others to publish information without assuming a duty of care to users. The Blue Datto Foundation is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability, timeliness or otherwise, of the information contained on the Website and/or linked sites. All reasonable care is taken to ensure that the information contained here is accurate at the time of publication.
To the full extent permitted by law, the Blue Datto Foundation disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
The Blue Datto Foundation will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.
The Blue Datto Foundation does not warrant guarantee or make any representation that:
a) the Website, or the server that makes the Website available on the world wide web are free of software viruses;
b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
c) errors and defects in the website will be corrected.
The Blue Datto Foundation is not liable to you for:
(a) viruses, errors or omissions in the Website, or linked sites on the world wide web,
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of the Blue Datto Foundation, its employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
Limitation of liability
To the full extent permitted by law, the Blue Datto Foundation’s liability for any implied warranty or condition is limited, at the choice of the Blue Datto Foundation, to one or more of the following:
a) If the breach of an implied warranty or condition relates to services:
i. the supply of the services again; or
ii. the payment of the cost of having the services supplied again.
b) If the breach of an implied warranty or condition relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods; or
iii. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
Indemnity
You will at all times indemnify and keep indemnified the Blue Datto Foundation and its respective officers, employees and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this Agreement by you; and publication of or distribution of the material and/or information supplied by you.
Governing Law and Jurisdiction
These conditions and all other specific and additional terms which govern your use or membership of and access to this website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.