TERMS AND CONDITIONS
In these terms and conditions (Terms):
‘activate HOPE’ (ABN 54 641 147 133) is referred to as the Business, we, our or us
the webService located at is referred to as the Service
other webServices or social media platforms on which we have a presence are referred to as Related Services
provision of the platform or service through which customers or citizens, are provided connection through the Service with businesses, organisations, trades, community services, not-for-profits, non-government organisations, charities, firms, companies and corporations and vice versa to foster new business relationships is referred to as the Agreement and/or Customer Service Agreement
Annual Platform Membership Client Agreements and/or Customer Service Agreements are referred to as Agreements or Agreements
you, as an Annual Member, Customer or User (as applicable) of the Service, are referred to as you, your or Member, Customer or Annual Member
someone who uses the Service, but is not a Member or a Customer, is referred to as a User
These Terms are the entire Agreement between the Business and you with respect to the use of the Service, Related Services and the Agreement.
All prior representations and understandings, whether written or oral, are excluded.
You must comply with all policies and procedures as published by the Business on the Service from time to time.
Acceptance of these Terms can only be full. Any purported alteration of the Terms by you is not binding on the Business.
Agreement Information and Acceptance
You warrant that all information provided by you to us in relation to your Agreement is true and correct.
You are responsible for protecting your login details.
Anyone who shares their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Service and Agreement.
You must notify us immediately if there is any unauthorised usage of your Agreement.
There is no charge for you to create contact with our Service; however, some Service functionality may require an Agreement. In the event you wish to use those aspects of our Service, you will need to purchase an Agreement or engage the service via an Agreement. Any purchase or Agreement you make is governed by our payment terms.
After you have created an Agreement with the Service and paid for an Agreement (if applicable) or Agreement (if applicable), your Agreement with the Service will become active.
By creating an Agreement, you consent to receive electronic communications from us. These communications may include notices about your Agreement and are part of your relationship with us. You agree that any notices, Agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by providing request to email@example.com or by following the unsubscribe instructions if applicable.
Pricing for ‘activate HOPE’ Customer Service Agreement or Annual Platform Membership Client Agreement
We make available our Service pursuant to an Agreement model being purchased. The current Agreement pricing is available to you on request and available for viewing at http://www.activatehope.com.au/.
The Customer Service Agreement is calculated on individual requirements as advised by the Customer to the Service. The
Customer Service Agreement will be developed with the Customer by the Service with the option of a “Single connection/linkage” or
“Concierge connection/linkage”. Single connection/linkage abides by the pricing rating as displayed for the service located at http://www.activatehope.com.au/. Concierge connection/linkage case or project management service abides by the pricing rating as displayed for the service located at http://www.activatehope.com.au
The Annual Platform Membership Client Agreement renews automatically on or before the end of the paid Agreement year. Your initial Agreement commences on the date you agree to these Terms by signing a copy of these Terms. Renewal of Agreements commence after the expiry of any prior 12-month Agreement period.
Pricing is subject to change by us. We will notify you of any pricing change prior to the pricing change coming into effect.
Agreements and/or service must be paid via credit card, debit card, bank transfer whilst at the Service or by purchase order. Purchase orders must be emailed to firstname.lastname@example.org for processing. Once the purchase order is received we will email you an invoice with payment details. Customers or members must provide the Service their preferred contact email or postal address.
If you choose to pay by credit card or debit card, please note the payment transactions are not processed by us, nor do we collect, hold or receive your payment information. Our payment processor is Commonwealth Bank of Australia. Bank transfers will be via the customers or members processor in conjunction with our payment processor.
Payment Terms & Conditions are outlined in the FEE SCHEDULE and can be accessed at http://www.activatehope.com.au
Use of the Agreement You must not:
make the Agreement available to anyone else;
sell, resell, rent or lease access to the Agreement;
use a false email address, impersonate others, misrepresent your affiliation with others or misrepresent yourself;
use the Agreement in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory; • interfere with or disrupt the integrity or performance of the Agreement or any third-party connection; or
attempt to gain unauthorised access to the Agreement or our related systems or networks.
Member and User Provided Content
The Service and Related Services may contain information or material posted by you (Provided Content).
For all Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.
Anyone who submits Provided Content to the Service and/or Related Services:
agrees that the content will be treated by us as not being confidential;
grants to us a perpetual and irrevocable licence to use, host and publish the Provided Content;
promises that their Provided Content is owned by them or they have authorisation from the owner to submit that content; and/or
must not submit any Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined
by us to be in breach of this condition may be removed from the Service and/or Related Services by us without notice to you).
All right, title, and interest in and to the intellectual property subsisting in the Agreement / Service remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms.
All specialty software, applications, and Agreement, and products offered or may be offered by us are maintained by us based on your Agreement with us.
You may not claim ownership of any products or Agreement created and owned by us and hosted within the Service or
Agreement; such are the sole property of us including all intellectual property associated with such products or Agreement.
You authorise us to use, store, reproduce and manipulate your data stored within the Service in the provision of Agreement to you.
Copyright in ‘activate HOPE’ applications (including text, graphics, logos, icons, sound recordings, and computer programs, applications and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by an Agreement, you may not in any form or by any means:
adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of ‘activate HOPE’ applications, publications or documentations; or
commercialise any information, products or services obtained from any part of ‘activate HOPE’ applications without our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products, publications or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:
in or as the whole or part of your own trademarks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive;
in a manner that disparages us or our information, products, publications or services (including ‘activate HOPE’ applications).
Third-Party Agreement and Content
We may display content, advertisements and promotions from third parties through our Service (Third Party Content). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
From time to time, we may ask you to complete a survey relating to your use of the Agreement. Any survey sent to you is voluntary and is not required to be completed by you in order to continue using the Agreement. However, we do encourage you to complete each survey as it helps us to be more informed about the provision of Service and/or Agreement to you.
If you complete a survey then we reserve the right to display any information provided to us from your survey. We may display this information (in whole or in part), on our Service, social media agreements, publications or promotional materials. Any information published by us may be used for the purposes of marketing, promotion or improvement of our Agreement.
We reserve the right to adjust, refuse or remove information contained in your survey at our sole discretion.
You grant to us a perpetual and irrevocable licence to use, host and publish the information provided to us in your survey. The information in your survey must not contain content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.
We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Service will run and perform optimally.
However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
You may not be able to use the Service due to traffic conditions on the internet, problems occurring at our upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Service in a timely manner.
You indemnify us for all damages suffered or incurred, whether directly or indirectly, in connection with:
your use of the Service and Agreement, including without limitation to claims relating to damage to property, personal injury or death;
any actual or alleged infringement of any intellectual property rights by you;
any actual or alleged breach of any applicable privacy laws, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes;
any actual or alleged breach of any applicable consumer protection laws and regulations; and negligence or default by you.
The Business is only responsible for providing the Service and Agreement in accordance with these Terms.
Information provided on the Service is for general purposes only and not as specific advice to any particular person. Any advice provided by the Service or provided by representatives of us is general advice and does not take into agreement your particular objectives, financial situation or needs. Before acting on any information obtained from your use of our Service or Agreement, you should seek assistance from your legal and financial advisers as to whether it is appropriate to your particular needs, objectives and financial circumstances. The Business and its officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from any information discussed with or provided to any person or any loss or damage suffered by any person directly or indirectly through relying on any discussions, whether through the Service, the Agreement or otherwise.
The Service is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Service and Agreement.
Limitation of Liability
To the fullest extent permitted by law, the Business excludes all terms, conditions, warranties, and guarantees which might be implied into these Terms.
Our liability to you in respect of any claim made by you arising out of the provision of Agreement is limited, at our option, to the provision of the Agreement again or paying to provide the Agreement again.
Neither party will be liable for breach-of-contract damages that could not have been reasonably foreseeable on entry into these Terms.
The Business reserves the right, at its sole discretion, to modify or replace any part of these Terms.
It is your responsibility to check the Service for changes. If you access the Service after a notified change to these Terms, you are deemed to have consented to the Terms in their modified form.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Service or Agreement (or any features or parts thereof) at any time and without liability.
We may offer new features, functionality or Agreement through the Service. Such new features and functionality, if offered, are offered subject to these Terms.
If, in our sole opinion, you have breached these Terms, we may suspend or restrict your Agreement with immediate effect. Suspension or restriction may occur without notice to you. If suspension or restriction occurs, you will be unable to access and use the Service and Agreement.
Each party may terminate this Agreement without cause at any time by giving the other party 30 days’ written notice.
Each party may terminate this Agreement immediately on written notice to the other party if:
the other party materially breaches this Agreement (or commits a series of breaches which collectively constitute a material breach) and the breach cannot, or is not, rectified within 7 days after the party sends written notice to the other party specifying the breach and requesting rectification; or
the other party becomes insolvent.
If termination occurs, you will be unable to access and use the Service and Agreement.
If we terminate this Agreement in accordance with the termination provisions above, you will receive a refund for the remaining paid Agreement period, if any, after the date of termination. Notwithstanding the aforementioned, you will not receive any refund if we terminate because you have breached this Agreement.
If you terminate this Agreement in accordance with the termination provisions above, no refund will be provided to you for the remaining paid Agreement period after the date of termination.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Applicable Law and Jurisdiction
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the Commercial Arbitration Act 2017. The seat of arbitration shall be Canberra, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.