Terms and Conditions

TERMS AND CONDITIONS
& End-User Licence Agreement (EULA)

This Website (located at lansw.org.au) and the ‘LaryLink’ mobile app (“App”) are owned and operated by The Laryngectomee Association of New South Wales Incorporated, trading as Laryngectomee Association of New South Wales (ABN 48 862 877 872) (“Laryngectomee Association of New South Wales”, “LANSW”, “we”, “us”, or “the Association”).

By accessing or using our website or App, you agree to comply and be bound by our Terms and Conditions comprising of the following sections:

1. Terms of Sale
2. Terms of User and Disclaimer
3. End User Licence Agreement

These Terms and Conditions, comprising of Terms of Sale, Terms of Use and Disclaimer, and End User Licence Agreement, in conjunction with our Privacy Policy, govern our relationship with you in connection with our Website and App.

If you do not agree to these Terms and Conditions and Privacy Policy, you should not use our website or mobile application.

For questions, complaints or claims regarding the Terms of Sale, Terms of Use and Disclaimer, the Website, App or this EULA, please Contact Us.

1. TERMS OF SALE

Please read these conditions of sale carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions, our Website or App, or any order or purchase you make through the Website or App, please don’t hesitate to get in touch with us.

1.1. E-Commerce

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).

Please note that when you request an order through the Website or App, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.

1.2. Payment

You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.

If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.

Payments made via our Website may include membership fees, membership renewals, donations, and other items offered for sale by the Association. These may be paid by anyone of the following:

Online banking using the bank details shown on the issued invoice
PayPal, processed securely via our CRM platform Growth360 (licensed through MyWebAdvantage), or invoice
Cheque or money order sent to our postal address

In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.

The Association does not store or retain any debit or credit card details. All electronic payment information is handled securely via third-party services in accordance with industry standards.

1.3. Postage and Delivery

We post products to addresses within Australia only. We use delivery service providers to help us get our products to you.

a) Rates
You agree to pay to us postage fees as stated on your order invoice.
If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
b) Dispatch Timeframes
We aim to process all orders within one week of receipt of order. Once an order is processed, we’ll do our best to dispatch orders within seven business days of the order being received.You acknowledge that we’re not liable for any delay in dispatch of your order.
c) Delivery Timeframes
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within one week, unless advised otherwise.
d) Delivery Address
It’s your responsibility to make sure that your postal address details are correct – we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
e) Orders Lost in Transit
If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we can recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
f) Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.

1.4. Events Beyond Control

Sometimes, circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

1.5. Advice and Information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.

1.6. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law; however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.

Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:

replacement of the product
repair of the product
payment of the cost of having the product repaired. or
such other fair and reasonable remedy as we are ready and willing to provide.

We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.

If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us at welfare@lansw.org.au.

1.7. Refund Procedure

If your goods are damaged or defective in any way on delivery, please contact us at welfare@lansw.org.au or 02 9344 0445 as soon as possible to arrange a suitable remedy, such as return, exchange or refund.

Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately six months.

1.8. Intellectual Property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.

1.9. Dispute Resolution

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

1.10. Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.

1.11. Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.

1.12. Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.

1.13. Jurisdiction

As we are based in New South Wales, these terms will be governed by the laws of New South Wales. In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.

2. TERMS OF USE AND DISCLAIMER

2.1. Use of our Website and Mobile Application

The content of our website and mobile application (“App”) is for your general information and use only and is subject to change without prior notice.

The App is intended solely for social connection, peer support, and sharing lived experiences among laryngectomees. It must not be used to offer or seek medical advice, promote treatments, recommend surgeries, or provide diagnoses or prognoses. Any medical discussions that occur on the platform are personal opinions only and are not endorsed by the Association. Users are encouraged to consult qualified medical professionals for clinical matters.

You may only use our website and App for lawful purposes (such as researching our services, communicating with the Association, or participating in our member platform) in a manner consistent with their intended purpose, and in a way that does not interfere with anyone else’s use and enjoyment.

We have a zero-tolerance policy for users who:

Act unlawfully or encourage unlawful conduct
Post defamatory, obscene, offensive, discriminatory or scandalous material
Harass, abuse or threaten others
Use the website or App to seek or share unverified or harmful medical advice
Disrupt our platforms or attempt to breach their security
We reserve the right to suspend or terminate access to any user who engages in such conduct
You’re not permitted to change, add to, remove, deface, hack or otherwise interfere with our website, App, or any content displayed on them, or attempt to do any of those things.
Unauthorised use may be a criminal offence and/or give rise to a claim for damages.

The Association reserves the right to moderate content and remove any user or content that is abusive, defamatory, racist, threatening, harassing, or in breach of applicable laws or community standards. There is zero tolerance for objectionable or harmful conduct.

2.2. Membership and Access to Mobile App

Use of the mobile App is restricted to registered members of the Association, or persons who have been approved access by the LANSW committee. Access is subject to these Terms of Use, and EULA, and may be revoked by the LANSW Committee or App administrator at any time if a member:

Breaches the EULA or any provision of these Terms
Fails to comply with the Association’s Constitution or member Code of Conduct, or
Allows their membership to lapse.

Any dispute regarding access or member conduct within the App may be managed in accordance with the Association’s grievance or disciplinary procedures as outlined in the Constitution.

2.3. Intellectual Property

Our Website and App contain material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the website, and is protected by copyright under the laws of Australia and through international treaties.

Unless we say otherwise, all rights (including copyright) on the website are owned or controlled by us and are reserved by us.

Any reproduction of the website or website content is prohibited other than in accordance with these terms.

All designs, trademarks, service marks and trade names are owned, registered and/or licensed by us, save for any trademarks reproduced on this website which are not the property of or licensed to us, which are acknowledged on the website.

As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device’s cache memory and to print pages from the website for your own personal and non-commercial use.

Except as outlined above, we don’t grant you any other rights whatsoever in relation to the website- all other rights are expressly retained and reserved by us and nothing you do on or in relation to the website will transfer any intellectual property or associated rights.

If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, if you attribute same to us and link back to our website. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.

2.4. Submissions

We’ll sometimes ask our users to contribute content to our website or social media. Please note, before you do so, that any material you send to us (including any data, questions, comments, suggestions, ideas, designs, images, videos, audio, marks or other information) will be deemed to be non-confidential and non-proprietary, unless you tell us otherwise. You authorise us to use it for any purpose, without compensation to you.

When commenting on blog posts or contributing to App discussions, you agree:

Not to post offensive, defamatory or inappropriate content
That you own the rights to the material you submit
That your statements reflect your own views and not necessarily those of the Association

Guest content may be published at our discretion, and we do not endorse all views expressed in blog or App content.

We maintain a blog on our website to keep you up to date with the latest in laryngectomee support and services. As a website user, we may give you the opportunity to comment on our blog posts. Please note that we do not regularly screen and review blog comments. We reserve the right to remove comments that we consider may not align with our brand values. You are expressly prohibited from posting any comment or content that is defamatory, offensive or otherwise inappropriate. You warrant that all information that you submit to us via our website is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.

We may also feature guest bloggers from time to time. We want you to know that we don’t necessarily endorse or support any views, opinions, standards or information expressed in guest blogs and/or the comments section of our blog.

If you find something offensive or inappropriate, please don’t hesitate to get in touch with us and we’ll review the material to see whether it should be removed.

2.5. Privacy

We take your privacy seriously. All information we collect through your use of the website and App, and how we use and disclose it, is set out in our Privacy Policy, which is available on our website.

2.6. Links to our Website

If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link. Please note that if we allow you to link to our website, we may impose certain terms or conditions.

If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.

2.7. Links from our Website to other Websites

We may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. We have no control over the nature, content and availability of those websites. For your own safety, please make sure you check the protocols and standards of the linked sites before using them.

2.8. Use of cookies

We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services. By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our Privacy Policy, which is available on our website.

2.9. Security

Our website is security assured by hosting services WP Engine, Brisbane, QLD, Australia. Our mobile app is a white-label application licensed and customised for the Laryngectomee Association of New South Wales through our CRM provider, MyWebAdvantage.

We use our best endeavours to ensure that both our website and mobile app are free of malware, bugs, viruses, trojan horses, ransomware, or other harmful code or communications which may be transmitted to or through the platforms, including via external links. However, no system is entirely secure, and you access and use these platforms at your own risk.

2.10. Disclaimer and indemnity

Nothing in these terms limits or excludes any rights, guarantees, warranties, representations or conditions that you are entitled to by law that can’t be limited or excluded, including under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).

To the extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website, or App, for any purpose which are not expressly stated in these terms. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly fully exclude any liability for such permissible by law.

We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the website or App, or these terms (including as a result of not being able to use the website or App), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. If we can’t exclude liability but we can limit it, we limit it to the maximum extent permitted under section 64A of the ACL.

We make the website and App available to you, however you use it at entirely your own risk, for which we will not be liable. Everything on the website or App is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and we exclude all liability for loss or damage you might suffer because of:

failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website
unsuitable or out of date information on the website (including third party material and advertisements on the website)
you or any other person acting or not acting on any information
personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website
any unauthorised access to or use of information or data, including personal and financial information, collected by us
any interruption of transmission to or from the website
any unauthorised access to or use of information or data, including personal and financial information, collected by us
any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites
costs incurred by you in using the website; and
links which are provided for your convenience.

It is your own responsibility to ensure that any services or information available through this website meet your specific requirements.

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.

2.11. Changes to terms

If we decide to change these terms (and we can do so at any time), we’ll post a copy of our revised terms on our website or App. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.

2.12. Severance

If any part of these terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the terms will remain in force.

2.13. No affiliation

Our website and App are not a part of the Facebook website, Facebook Inc, YouTube, Instagram, Snapchat, Twitter or Google, nor are they endorsed by or affiliated with any of those websites or their owners in any way.

2.14. Termination

The agreement between us constituted by your use of the website or App may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.

2.15. Jurisdiction

3. END‑USER LICENCE AGREEMENT (“EULA”)

3.1. Definitions

“App” means the Association’s free mobile software application (including all updates and upgrades) that enables members to access the Association’s community social‑media and chat platform (“Platform”).
“Content” means text, graphics, audio, video, data and any other material posted or transmitted via the App.
“User”, “you” and “your” mean the individual who downloads, installs, accesses or uses the App.
“Device” means any compatible iOS or Android smartphone or tablet owned or controlled by you.
“Member” means an individual who has formally applied for membership of the Laryngectomee Association of New South Wales Incorporated in accordance with the Association’s Constitution, has been approved by the Committee, and has paid the joining fee.
“Stores” means, collectively, the Apple App Store and Google Play Store.

3.2. Acceptance of this EULA

By downloading, installing or using the App you confirm that you are at least 18 years of age, are an active Member of the Association, and agree to be bound by this EULA. If you do not meet these criteria, you must not install or use the App.

3.3. Licence Grant

The Association grants you a personal, non‑exclusive, non‑transferable, revocable, limited licence to:

download and install one copy of the App on each Device you own or control; and
access and use the App solely for your lawful, non‑commercial, personal participation in the Association’s Platform,
provided that:
you are an active Member, having paid your annual membership fee in full; and
you have been approved for access to the Platform by the App administrator.

This licence is granted subject to the restrictions set out in sections 4, 5 and 6.

3.4. Licence Restrictions

You must not:

reverse engineer, decompile, disassemble or create derivative works of the App except where such prohibition is not permitted by law
rent, lease, lend, sell, sub‑license, distribute or otherwise transfer the App or any right under this EULA to any third party
copy, modify or adapt the App, save for a single backup copy for security purposes
use the App to transmit unsolicited communications, malware, or content that is unlawful, defamatory, obscene, harassing, hateful, or infringes third‑party rights
use any automated means (robots, scrapers, etc.) to access the Platform, or
breach any applicable law or regulation in connection with your use of the App.

3.5. No Tolerance for Objectionable Content or Abusive Conduct

The Association maintains a zero-tolerance policy for objectionable content and abusive users. You must not:

harass, bully, stalk or threaten others
defame, insult or impersonate any person
use racist, sexist, discriminatory, or offensive language
engage in hate speech or incite violence
post or transmit obscene, graphic, or otherwise inappropriate material
attempt to extort money or personal information from other users, or
otherwise behave in a manner that causes distress or harm to individuals or the community.

Any breach of this clause may result in immediate suspension or termination of your access to the App and reporting to the relevant authorities where applicable.

3.6. No Medical Advice

The App is intended exclusively for peer-to-peer support, sharing of personal experiences, adaptation tips, and social interaction among members of the Laryngectomee community. It is not a substitute for professional medical advice, diagnosis, or treatment.

You must not use the App:

to give, promote, or solicit medical advice
to recommend or endorse medications, surgical procedures, or other medical treatments
to provide or seek diagnosis, prognosis, or medical consultations, or
to represent yourself as a healthcare professional unless expressly authorised by law and the Association.

The Association does not endorse or verify any medical content shared by users and disclaims all responsibility and liability for any health-related actions taken in reliance on user‑generated content. You should always consult qualified health professionals for medical advice or treatment.

3.7. User Accounts & Security

Certain features require you to register an account linked to your Association membership. You:

must provide accurate, current information and promptly update it
are responsible for maintaining the confidentiality of your login credentials, and
accept responsibility for all activities that occur under your account.

Use of the App is restricted to Members, or persons approved access by the LANSW Committee and App administrator. Access to the Platform may be revoked by the LANSW Committee and or App administrator at any time if:

the Member or approved User breaches this EULA
the Member’s or approved User’s conduct violates the Association’s Constitution or Code of Conduct, or
the Member allows their membership to lapse.

Any dispute arising in connection with a Member’s use of the App or conduct on the Platform may be addressed in accordance with the grievance or disciplinary procedures in the Association’s Constitution.

3.8. User‑Generated Content

You retain ownership of any Content you submit but grant the Association a worldwide, royalty‑free, non‑exclusive licence to host, reproduce, adapt, publish and display such Content for the purposes of operating and improving the Platform. You warrant that you have all rights necessary to grant this licence and that your Content does not infringe any third‑party rights or law.

You are solely responsible for the Content you post, and the Association does not guarantee the accuracy, quality or integrity of user-submitted material. By using the App, you acknowledge that any reliance on information or interactions within the platform is at your own risk.

3.9. Privacy

Our collection, use, disclosure and storage of personal information is governed by the Association’s Privacy Policy, which forms part of this EULA. By using the App you consent to the processing of your data in accordance with that policy.

3.10. Open‑Source and Third‑Party Software

The App may include open‑source or third‑party components that are subject to separate licence terms. Those terms prevail to the extent of any inconsistency with this EULA.

3.11. Updates, Availability & Support

We may deploy updates that modify or remove features. You agree that we have no obligation to provide ongoing support or to maintain specific functionality. We are solely responsible for providing any maintenance or support services with respect to the App; the Stores have no such obligation.

3.12. Apple App Store Terms

Where you obtained the App via the Apple App Store:

this EULA is concluded solely between you and the Association, not Apple Inc. (“Apple”)
Apple bears no responsibility for the App or its content
in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligation
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: product‑liability claims; any claim that the App fails to conform to any legal or regulatory requirement; and claims arising under consumer protection or similar legislation
Apple is not responsible for the investigation, defence, settlement or discharge of any third‑party claim that the App or your possession and use of the App infringes that third party’s intellectual‑property rights; and
you and the Association acknowledge and agree that Apple, and Apple’s subsidiaries, are third‑party beneficiaries of this EULA and that, upon your acceptance of its terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third‑party beneficiary.

3.13. Google Play Terms

Where you obtained the App via Google Play:

this EULA is between you and the Association, not Google LLC (“Google”)
Google is not responsible for the App, its maintenance or support
to the maximum extent permitted by law, Google has no warranty obligation or liability with respect to the App; and
you agree to comply with any applicable Google Play terms and policies.

3.14. Consumer Guarantees (Australian Consumer Law)

Nothing in this EULA excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation that cannot be lawfully excluded. Where permitted, our liability for breach of a non‑excludable guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

3.15. Disclaimer of Warranties

To the maximum extent permitted by law and subject to section 12, the App is provided “as is” and “as available” without any representation or warranty of any kind, express or implied, including as to accuracy, reliability, availability, merchantability, fitness for a particular purpose, or non‑infringement. The Association does not warrant that the App will be uninterrupted, error‑free, secure or free from viruses.

The Association disclaims any liability arising from use of the App as a source of medical advice. Any such use is strictly contrary to the terms of this EULA and the intended purpose of the Platform.

3.16. Limitation of Liability

To the maximum extent permitted by law and subject to section 12, the Association and its officers, volunteers and agents exclude all liability (whether in contract, tort including negligence, statute or otherwise) for any loss or damage (including indirect, incidental, special or consequential loss, loss of profits, goodwill, data or opportunity) arising out of or in connection with the App, even if advised of the possibility of such loss.

3.17. Indemnity

You indemnify and hold harmless the Association (and its officers, volunteers and agents) from and against any claims, liabilities, damages, losses and expenses, including legal costs, arising out of or in any way connected with: (a) your breach of this EULA; (b) your misuse of the App; (c) your infringement of any third‑party rights; or (d) your reliance on information obtained via the Platform in place of professional medical advice.

3.18. Termination

This EULA is effective until terminated. It will automatically terminate if you fail to comply with any term herein. Upon termination, you must cease all use of, and delete, the App. Sections 3.8, 3.9, 3.12-3.17, 3.19, 3.20, survive termination.

We may also suspend or restrict access without terminating your membership if required for moderation or safety.

Access to the Platform may also be revoked without notice where a Member’s conduct violates the Association’s constitutional rules, EULA provisions, or any relevant policies. Any disciplinary action, including revocation of membership, will be undertaken in accordance with the procedures set out in the Constitution of the Association.

3.19. Payments

The Association uses PayPal to securely process online payments. The Association does not store any debit or credit card details.

Payment for membership joining and renewal fees, donations, and purchases (whether made through the App or the Association’s website) may be made:

via online banking, using the details provided on your invoice
by cheque, or
by money order
via PayPal.

3.20. Governing Law & Jurisdiction

This EULA is governed by the laws of New South Wales, Australia. You submit to the non‑exclusive jurisdiction of the courts of that State and any courts entitled to hear appeals from those courts.

3.21. Changes to this EULA

We may amend this EULA at any time by posting an updated version within the App and on our website. Continued use of the App after the effective date of the amendment constitutes acceptance of the revised terms.

4. CONTACT US

For questions, complaints or claims regarding the Terms of Sale, Terms of Use and Disclaimer, the Website, App or this EULA, please contact:
The Secretary, Laryngectomee Association of New South Wales Inc.
ABN 48 862 877 872 | ACNC Registered Charity

Email: admin@lansw.org.au
Postal: The Secretary, PO Box 443, Woy Woy NSW 2256, Australia

The Terms of Service and End User Agreement Licence last updated: 22 July 2025.