By accessing, downloading or using our website and mobile app (the application), you agree with these terms and any additional terms, conditions, notices and disclaimers on our website and mobile app. If you do not agree to these terms, do not access, download or use our website and mobile app.
We may change these terms at any time. You should check these terms from time to time to make sure you are happy with any change. Your continued use of our website and mobile app after we have changed any of these terms means you accept the updated terms.
The My Wesley Connect application is a multi-party information sharing platform available only to Wesley Mission Queensland people and the residents of Wesley Mission Queensland’s retirement living villages and residential aged care communities and their families and friends as members of the WMQ community to share photographs and stories about themselves, to give you information about events and activities occurring in the WMQ community
The application will evolve over time based on user feedback and we may modify or enhance the service. We will provide you with reasonable notice of these changes if they have a significant effect on your use of the service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username or any account rights.
You agree you will not create an account for anyone other than yourself. You also represent that all information you provide to Wesley Mission Queensland at the creation of an account and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other users.
You are responsible for keeping the confidentiality of your account identification and for keeping your password secure.
You may not use the application for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (including federal, state and local) applicable to your use of the application and your content including, but not limited to, copyright laws.
You must not change, modify, adapt or alter the application or change, modify or alter another website to falsely imply that it is associated with the application or Wesley Mission Queensland.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (also known as ‘spam’) to any users of the application.
You are responsible for ensuring the level of multi-party access and the accuracy of the details of your family and friends from your support network that you add to the application.
You may not post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content to or through the application.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information to, or through, the application including, without limitation, your or another person’s credit card information, Medicare, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively ‘content’) that you submit, post or display on or to or through the My Wesley service.
You must not interfere with or disrupt the application or servers or networks connected to the application, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any content within the application is rendered or displayed in a user’s browser or device.
You must not create accounts with the application through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You agree that you are responsible for all data charges you incur through use of the application
We reserve the right to refuse access to the application to anyone for any (or no) reason at any time.
You must not use the application in a way that infringes the intellectual property rights of any person.
Our names and logos are registered trademarks and may not be used without our prior written consent. All materials displayed on or available through our websites or mobile apps, including without limitation all names, logos, data, information, graphics, videos, software, technology or processes (“materials”) are protected by copyright, trademark and other intellectual property laws. The materials are owned by us or third parties and are available for your personal use only.
You must not copy, modify, alter, download, store, publish, transmit, broadcast, distribute, sell or transfer any materials unless expressly provided for in these terms or with our prior written permission. Downloading materials from our website or mobile app does not transfer any right in or ownership of such materials to you. Downloaded materials must be used solely in accordance with these terms. You must not remove any copyright and other proprietary notices from the Materials.
You represent and warrant that you own the content posted by you on, or through, the service or otherwise have the right to grant the rights and licences set forth in these terms. You also represent and warrant that the posting and use of your content on or through the application does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the service. Additionally, you have the legal right and capacity to enter into these terms in your jurisdiction.
You agree that Wesley Mission Queensland is not responsible for, and does not endorse, content posted within the application. Wesley Mission Queensland does not have any obligation to pre-screen, monitor, edit, or remove any content. If your content violates these terms, you may bear legal responsibility for that content.
If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
The application may provide links to or allow you to interact with other websites or apps which are owned or operated by third parties. Links to other websites or apps are provided for your convenience. We do not control these other websites and apps and we cannot be responsible for the content, accuracy of the information or functionality on these websites and apps. Unless expressly stated on our website or mobile app, the provision of a link to an external website or app does not constitute an endorsement or approval of that website or app or any of the products or services or functionality on that website or app. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not be liable for any damages or injury arising from your access or use of such sites or apps.
You must obtain our written permission to make any hyperlinks with this website and/or mobile app.
These terms apply except to the extent of any inconsistency with any law that cannot be excluded by contract (such as certain consumer protection laws), in which event such law will prevail to the extent of the inconsistency. If any provision of these terms is void, illegal, invalid or unenforceable, the terms will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable.
Wesley Mission Queensland makes no representations or warranties as to the timeliness, availability, accuracy or completeness of any information contained on the application. Like any written materials, the information provided on our website and mobile app may become out-dated over time. Wesley Mission Queensland undertakes no obligation to correct or update any content or information on our website or mobile app. Wesley Mission Queensland may make improvements and/or changes in content about the products or services described on our website and mobile app at any time without notice, and reserves the right to alter or delete content and information from our website and mobile app at any time.
To the fullest extent permitted by law, the application is provided “as is”, “as available” and “with all faults” basis. To the fullest extent permissible, neither Wesley Mission Queensland nor its parent company nor any of their directors, managers, officers, employees, and other representatives make any representations or warranties or endorsements of any kind whatsoever, express or implied as to
(a) the service; (b) the Wesley Mission Queensland content; (c) user content; or (d) security associated with the transmission of information to or through the application.
Wesley Mission Queensland does not guarantee that the application will be fault or virus fee or that access to the application will be uninterrupted.
To the fullest extent permitted by law, neither Wesley Mission Queensland nor any affiliate nor any party involved in creating, producing or delivering the application will be liable for your use of or reliance on our websites and mobile apps under any circumstances, including negligence or misrepresentation (excluding fraudulent misrepresentation). Neither shall Wesley Mission Queensland be liable for any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of our application, even if Wesley Mission Queensland is informed of the possibility of such damages.
You agree to indemnify and defend us, and each of our directors, managers, officers, employees, and other representatives for all damages, losses, penalties, fines, expenses and costs (including legal costs) where direct or indirect which arise out of or relate to use of the application, any information that you provide to Wesley Mission Queensland and any damage that you may cause to the application. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and misleading and deceptive conduct. In other words, this is a full coverage indemnity.
If these terms are accepted by a resident’s or a resident’s family member’s or friend’s (principal’s) guardian, financial manager, support coordinator, attorney, nominee or other representative (representative), the representative represents and warrants to Wesley Mission Queensland that upon accepting these terms on behalf of the principal, they have the full power and authority to accept these terms and each time they use application, they have full power and authority to do so on behalf of the principal.
The representative indemnifies, and will keep indemnified, Wesley Mission Queensland its directors, managers, officers, employees, and other representatives harmless from any loss, claim or legal liability (including legal fees) against, and must pay Wesley Mission Queensland on demand the amount of any loss which Wesley Mission Queensland pays, suffers, incurs or is liable for arising from or any costs incurred in connection with the representations and warranties given above being incorrect, inaccurate and/or misleading when made.
Subject to your compliance with these terms, Wesley Mission Queensland grants you a limited, non-exclusive, revocable, non-transferable license to: (i) access and use the website and mobile app on your personal device solely in connection with your use of the application; and (ii) access and use any content, information and related materials that may be made available through the application, in each case solely for your personal, non-commercial use.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the application; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the application; (iii) decompile, reverse engineer or disassemble the application except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the application; or (v) attempt to gain unauthorized access to or impair any aspect of the application or its related systems or networks.
You agree not to assign any rights or delegate any obligations within these terms, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Wesley Mission Queensland. Any purported assignment or delegation by you without the appropriate prior written consent of Wesley Mission Queensland will be null and void.
Wesley Mission Queensland may assign these terms or any rights hereunder without your consent. If any provision of these terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the terms remain in full force and effect. The conduct between the parties, express or implied, will not act to modify the terms. These terms do not confer any third party beneficiary rights.
Although the application is accessible worldwide, content is intended only for residents of Wesley Mission Queensland retirement living and residential aged care communities in Queensland, Australia and their families and friends. Nothing on the application should be interpreted as a promotion or solicitation for any product or service of any nature that is not authorised by the laws and regulations of the country where you are located. We reserve the right to limit the availability of the application or any portion of the application, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Wesley Mission Queensland provides.
These terms shall be governed and construed in accordance with the laws of Queensland, Australia.
Our website and mobile app are for a general audience. Minors should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet and use of mobile apps.
The effective date of these terms is 30 April 2019.