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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

DISCLAIMER

The information contained in this Website is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, or related graphics contained on the Website for any purpose.

We are not liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.

1. AGREEMENT, PARTIES, APPLICABILITY

Foundation Supporting a National Trauma Service in Sri Lanka Inc. (‘Project BEAP’) is an incorporated association and a registered not-for-profit charity in Australia.

The following are terms of a legal agreement between You and Project BEAP. This is the Project BEAP Website located at https://projectbeap.org/ (‘Website’). Your registration for, or use of this Website shall be deemed to be your acceptance of the terms contained herein (‘Term of Use’). If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use. 

You agree that Project BEAP may make changes to these Terms of Use at any time without prior notice. Project BEAP will notify you of changes by posting updated versions on the Website. Your continued use of the Website and/or the Services shall be deemed to be your consent to such changes in the Terms of Use. 

Our Website has a privacy policy that applies specifically to it. Please refer to our Privacy Policy to find out how we are committed to protecting your privacy. When visiting other external third-party websites provided on our Website, You should review the privacy policy for each specific website, as each may contain different terms.

In this Agreement, You, Visitor mean any person or entity (‘Users’) accessing or browsing Our Website. Unless otherwise stated, We, Our, Us, Project BEAP refer collectively to Foundation Supporting a National Trauma Service in Sri Lanka Inc. its officers, directors, agents, subsidiaries, affiliates, employees and suppliers.

2. DEFINITIONS

In this document the following definitions shall apply:

Foundation Supporting a National Trauma Service in Sri Lanka Inc. is an incorporated association and a registered not-for-profit charity in Australia.

Intellectual Property Rights means any and all rights of copying designs, right know-how, patent designs, trademarks and any other intellectual property rights of any description whether the rights of Project BEAP therein were acquired by way of acquisition assignment or other mode.

Party or Parties mean an individual or business who enters into a binding agreement with another contracting party, thus accepting the obligations, responsibilities, and benefits specified within the agreement.

Visitor means the Users of the Website that are accessing or browsing Our Website.

Clause headings are inserted for convenience of reference and shall not affect the interpretation of this Terms of Use agreement. Unless the context otherwise requires, words importing the singular shall include the plural and Vice-versa.

3. COMMENCEMENT, AVAILABILITY, TERMINATION

This Terms of Use agreement commences when You first visit the Website and continues until changed or terminated by Us. We reserve Our rights to change or discontinue any aspect of the Website including the Terms of Use. It is Your responsibility to ensure that You read and understand the Terms of Use which are made available in English only.

4. INTELLECTUAL PROPERTY

This Website and its contents are the copyright of https://projectbeap.org/ ©2021 Project BEAP. All Rights Reserved. We own or are licensed to use this Intellectual Property. Copyright and other Intellectual Property laws protect these materials. Reproduction or retransmission of the materials, in whole or in part, in any manner, without the prior written consent of Project BEAP, is a violation of copyright law. You may not commercially exploit, modify, claim ownership of, link to, or incorporate Our Website content elsewhere without Our prior written consent.

5. WEBSITE INFORMATION AND RECORDS

We are committed to complying with legal, business and evidential requirements for information and records. We make reasonable efforts to ensure that the information You provide to Us through the Website and related email functionality is secure and processed in accordance with Our Privacy Policy. It is Your responsibility to keep records and backups of Your information.

6. ACCEPTABLE USE OF WEBSITE AND EMAIL FUNCTIONALITY

You agree to the acceptable use of Our Website and the email functionality connected with the Website. You undertake not to use these services in an unlawful manner or in any way that interferes with Our or other Visitors’ use and enjoyment of, or access to these services. You agree that You are personally liable for the consequences of the improper use of these services and failure to comply with law. If You are aware of unacceptable use by a third party, please contact Us on [email protected] to notify.

7. ACCESS, MONITORING, INTERCEPTION AND PRIVACY

To comply with law and in line with international standards and best practice relating to the use of information technology, We may access static records and, monitor and intercept live communications and Website activity (blocking, filtering, scanning etc.). While You have Our assurance that We will do this in compliance with law, and to manage business risk, You agree that You have no expectation of privacy in this regard.

8. COMMUNICATION

You agree that We may approach You or send You information including, information about Our services. You will always have the choice to inform Us in writing that You do not want Us to communicate with You and/or to opt-out of these communications.

9. DAMAGES ARISING FROM ACCESSING THE WEBSITE

Information technologies including telecommunication systems and networks expose Us to dynamic security and business risk. We manage this risk in accordance with Australian law and through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks. While We are committed to a reasonable standard care and diligence, We are not be liable for damages arising from the use of the Website which are beyond Our control.

10. LINKS TO EXTERNAL THIRD-PARTY WEBSITES AND SOCIAL MEDIA

For Your convenience, We provide links to external third-party websites and various social media resources. You agree that this does not mean that We endorse these, and that You are entirely responsible for Your use and access to all other websites and media. The terms and conditions pertaining to the external third-party Websites and media will prevail where relevant.

11. SKILL, DILIGENCE, CARE

We will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.

12. GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.

13. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

You agree to submit all complaints relating to this Agreement to Us first, so that We have an opportunity to resolve Your complaint before You proceed to any relevant authority. Please direct all complaints to [email protected].

Subject to the above, You agree to confidential arbitration prior to proceeding to court or other forum. You expressly acknowledge that the arbitration proceedings agreed to prevent You from entering into a class action lawsuit against Us in relation to any dispute arising from this Agreement unless you first follow this arbitration process. Nothing in this Agreement prevents either Us or You from approaching a court of competent jurisdiction for an injunctive relief or for relief on an urgent basis.

14. ENFORCEABILITY

No failure or delay by Us or You to exercise a right in this Agreement shall prevent Us or You from exercising the rights in future. If a term of this Agreement is invalid, unenforceable or illegal, the remaining terms shall continue in full force and effect, and such provision shall be enforced to the maximum extent possible so as to effect the intent of the Parties and shall be reformed to the extent necessary to make such provision valid and enforceable.

15. LIMITATION OF LIABILITY, INDEMNITY, NO WARRANTY

You agree that the Website is provided on an “AS IS” and “AS AVAILABLE” basis and that Your use of this Website is at Your sole discretion and risk. You agree that We will not be liable for any direct, indirect or consequential damages suffered by You arising from Your visit to the Website, this Agreement or otherwise. We will take reasonable care to ensure the accuracy of information and the availability of the Website, but make no representations, warranties or guarantees in any way because it is provided for general information purposes only and solely at Our discretion.

To the fullest extent permissible in law, You hereby unconditionally and unreservedly agree to hold harmless and indemnify Project BEAP, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of whatsoever nature, howsoever and whenever arising from Your use of Our Website. In such a case, Project BEAP will provide you with written notice of such claim, suit or action.

16. ENTIRE AGREEMENT

These Terms of Use constitutes the entire agreement between You and Project BEAP and governs your use and access to Our Website and your use and access to contents on it, and supersedes any prior agreements between you and Project BEAP with respect to it.

17. EFFECT OF TERMINATION

Upon termination for any reason, You are required to immediately return to Project BEAP all material, including any and all material copied thereof, and erase any content related to Project BEAP held in storage.