Diabetes in Schools Website User Terms

This document sets out the terms and conditions for your use of the Website.  

Please read this document carefully. By using the Website you acknowledge that you have received and read, and agree to be bound by these Website User Terms, as amended from time to time.  

The information in this document is current as at 12 February 2020 and is subject to change. These Website User Terms may be varied and notice of and information about these changes will be provided as described in clause 10. A paper copy of any updated information is available without charge by contacting Diabetes Australia.

There are words used in these Website User Terms that have special meanings, which can be found in clause 15.

See also the Collection of Personal Information


1 Getting started and Access
1.1 Access to this Website is provided to you by Diabetes Australia.
1.2 By using this Website you may learn about diabetes and diabetes management, including by reading the information published on the Website and by registering for, and participating in training courses.
1.3 By using this Website, including reading information published on this Website and registering for training and participating in training, you agree to be bound by these Website User Terms. (When you sign into the Website for the first time, you also will be required to click to accept these Website User Terms.)
1.4 Subject to clause 1.5, you agree to keep your Access Code confidential. You must inform Diabetes Australia immediately by phone (and follow up this phone call as soon as practicable in writing) or email after becoming aware of, or after suspecting that, any of your Access Codes has become known to a person.
1.5 You must not disclose your Access Code to another person.
1.6 If notwithstanding clause 1.5, you disclose your Access Code to another person, you will remain responsible for everything which that person does on your account.
1.7 You must not access or use, or seek to access or use, information stored on the Website which you are not entitled to access or use.


2 Information published on the Website or provided in training
2.1 You agree that:

(a) you remain responsible for complying with all your legal obligations, including in relation to diabetes and the management of diabetes; and
(b) while all care has been taken in the preparation of the material on the Website, you are aware that the information published on the Website and any training provided in connection with the Diabetes in Schools program, including training provided online and face-to-face training that is registered for with the Website:

(i) may contain inaccuracies, errors and omissions; and
(ii) does not constitute advice, and you will obtain relevant advice (including legal and/or medical advice) before relying on the information.

2.2 Diabetes Australia may update and change the materials available on the Website, including by removing materials, at any time in its discretion, and without notice to you


3 Use of the website
3.1 To the extent that our website includes functionality that allows you to upload content to our website (“your content”):

(a) you remain the owner of your content;
(b) you grant us an irrevocable, worldwide, perpetual, non-exclusive licence to use, reproduce and communicate to the public your content for the purposes of operating our website and providing services to you;
(c) you must ensure that your content does not include anything that is illegal, offensive, obscene, defamatory, breaches the intellectual property, privacy or other rights of any other person, or otherwise breaches any acceptable use rules that we post on our website from time to time; and
(d) we may reject or take down your content at any time, including if we think in our discretion that it breaches these terms of use or otherwise is not appropriate for inclusion on our website.

3.2 You agree that the Website is only to be used by you in Australia. You agree to take all reasonable measures to ensure persons authorised by you do not access the Website from outside Australia.
3.3 You must, in your use of the Website, comply with all relevant laws and third party rights.


4 Our liability is limited
4.1 To the extent permitted by law:

(a) neither Diabetes Australia nor any Third Party Service Provider makes any representations or warranties, either express or implied, as to the availability, merchantability, fitness for a particular purpose, or otherwise (including as to accuracy, authenticity, currency, availability, completeness or quality) with respect to:

(i) the Website;
(ii) any materials on the Website;
(iii) any information published on the Website; and/or
(iv) any training provided in connection with the Diabetes in Schools program, including training provided online and face-to-face training that is registered for with the Website;

(b) neither Diabetes Australia nor any Third Party Service Provider makes any representation or warranty, either express or implied, that you or other person should use the Website or rely on the information published on the website, including information provided during any online training or information provided during face to face training. Diabetes Australia recommends that you conduct your own checks and obtain your own advice regarding the information provided on the Website and any training provided in connection with the Diabetes in Schools program; and
(c) Diabetes Australia and each Third Party Service Provider exclude all liability (however described and arising under common law, equity or statute) including any liability arising as a result of negligence, fraud or wilful misconduct of Diabetes Australia (or a Third Party Service Provider) relating to or resulting from your use of the Website or participation in training, and for any loss or damage (however described) incurred by you directly, or indirectly, as a result of:

(i) information published on the Website;
(ii) any training provided in connection with the Diabetes in Schools program, including training provided online and face-to-face training that is registered for with the Website;
(iii) any unauthorised access to the Website;
(iv) any loss or corruption of any information on the Website; and
(v) any inaccuracy, error or delay in, or omission from, any information provided to you, including during training provided online and face-to-face training that is registered for with the Website.

4.2 Except where to do so would contravene any law in Australia, in no event will Diabetes Australia or any Third Party Service Provider be liable for any indirect, special or consequential loss (including, without limitation, loss of profits or revenue (actual or anticipated), or otherwise resulting from your, or another User’s, use of the Website).
4.3 Diabetes Australia and any Third Party Service Provider is entitled to a reduction in any liability it may have at law, to the extent that the acts or omissions of any other person caused or contributed to the loss or damage.
4.4 You must take all action reasonably practicable to mitigate any loss or damage suffered by Diabetes Australia or any Third Party Service Provider in connection with the Website or your use of the Website.
4.5 The liability of Diabetes Australia or any Third Party Service Provider to you or any other person for any loss (whether direct or indirect) incurred in connection with the Website or your use of the Website will be determined under the law that is recognised, and would be applied, by the High Court of Australia.


5 Intellectual property
5.1 You acknowledge that all intellectual property rights in the Website throughout the world (except for any of your content) belong to Diabetes Australia, its Third Party Service Providers or their licensors.
5.2 The Website may contain links to other websites operated by third parties who are not associated with us. Diabetes Australia has no control over those websites, materials contained in them or the services made available through them, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.


6 Third Party Service Providers
6.1 You acknowledge that Diabetes Australia may engage Third Party Service Providers to provide the Website, any part of it and services made available on or relating to the Website, including to assist Diabetes Australia to operate and maintain the Website.
6.2 You acknowledge that the Third Party Service Provider may have access to information stored on the Website, including any personal information you have provided Diabetes Australia.


7 Periods where system is unavailable
7.1 Diabetes Australia makes no representation that all services and functions offered through the Website are available at all times.
7.2 The Website may be unavailable for a number of reasons, including due to scheduled outages or due to factors beyond Diabetes Australia’s control, such as your internet connection.
7.3 If you have a problem, you should contact the support team by email at ndss@diabetesaustralia.com.au or phone on 1300 136 588.


8 Security Requirements
8.1 You must comply with any instructions we give you about how to use our website and must not do anything that interferes with or adversely affects the normal operation of the website (including the ability of other users to access or use the website).
8.2 You are responsible for ensuring the security of the systems and devices that you use to access our website, including through use of appropriate virus-checking and other security software.


9 Privacy and confidentiality
9.1 The Diabetes in School Website privacy policy sets out its commitment to protecting personal information. A copy of the privacy policy is available by:

(a) calling 1300 136 588; or
(b) visiting the website at https://diabetesinschools.com.au/privacy-policy/. or https://www.ndss.com.au/privacy-policy/

9.2 If you give Diabetes Australia personal information about someone else (including a student and their parent or guardian, and a school staff member or principal), you must make sure you have their permission. You are responsible for letting them know that they can refer to Diabetes Australia’s privacy policy on how it will handle their personal information, and that they have a right to access the information that Diabetes Australia holds about them.


10 Website links
10.1 Our website may contain links to other websites operated by third parties who are not associated with us, these links are provided for your information only. We have no control over those websites or the services made available through them, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10.2 You may provide a link to the home page of our website at, on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our request. Except as set out in this clause, you may not link to our website.


11 Changes to these terms
Diabetes Australia may change these Website User Terms at any time by updating them on the Website. Please check this page each time you use our Website, as we may update these terms from time to time.


12 Termination
We may suspend, terminate or block your access to all or any part of our Website at any time and without prior notice to you if we deem it necessary or appropriate.


13 Severability
If the whole or any part of a provision of these Website User Terms is void, unenforceable or illegal in a jurisdiction, it is severed to that extent for that jurisdiction. The remainder of these Website User Terms, including any part of a provision which is not void, unenforceable or illegal, has full force and effect and the validity or enforceability of that provision (or that part of a provision) in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Website User Terms or is contrary to public policy.


14 Governing law and jurisdiction
These Website User Terms will be governed by and interpreted in accordance with the laws of Australian Capital Territory, and Diabetes Australia and you submit to the non-exclusive jurisdiction of the courts having jurisdiction there.


15 Definitions
Access Code means a password or other confidential code you use from time to time, that enables you to gain access to or use the Website.

Diabetes Australia means Diabetes Australia (ABN 47 008 528 461) or any other entity that operates or maintains the Website.

Website means the website operated by or on behalf of Diabetes Australia which provides information about the management of diabetes in schools, including training courses and registering for training courses.

Website User Terms means these terms and conditions as amended from time to time.

Third Party Service Provider means any third party engaged by Diabetes Australia to provide the Website, any part of the Website or any part of the services made available on the Website on its behalf.

User means you and any other person that has agreed with Diabetes Australia to be bound by the Website User Terms.

You and your means the person that is bound by these Website User Terms, other than Diabetes Australia.


16 Interpretation
Headings are for convenience only and do not affect interpretation. Unless the contrary intention appears, in this document:

(a) the singular includes the plural and vice versa;
(b) a reference to a document includes any agreement or other legally enforceable arrangement created by it (whether the document is in the form of an agreement, deed or otherwise), and any variation, replacement or novation of the document;
(c) the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “such as” or similar expressions;
(d) a reference to “person” includes an individual, a body corporate, a partnership, a joint venture, an unincorporated association and an authority or any other entity or organisation;
(e) a reference to a particular person includes the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns; and
(f) a reference to “law” includes common law, principles of equity and legislation (including regulations).