User terms and conditions

The following terms and conditions cover both Benefolk Pty Ltd and Benefolk Foundation Ltd, referred to as 'Benefolk' herein:

Benefolk Pty Ltd (ABN 271 297 99 848) provides professional services, professional referral network and introductory service between individuals or businesses who require services (‘Services’) from a diverse range of independent small business operators. The operators ('Specialists') are listed on Benefolk’s website at www.benefolk.org (‘Site’). Benefolk Pty Ltd also offers online learning/webinars and in person trainings and events. 

These End User Terms and Conditions (‘Terms’) form a binding legal agreement between Benefolk, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as a ‘User’). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully, and please contact Benefolk if there are any questions – our contact details are set out at the end of these Terms. The Specialists listed on the Site have a separate set of Terms and Conditions and agreement with Benefolk. The Terms and Conditions cover both our Direct Services (Benefolk as provider), and Introductory Services (Benefolk member as provider) terms and conditions.

Benefolk Foundation Ltd (ABN ) is a registered charity with a focus on the mental health and wellbeing of the socical sector. It provides The Community Well online resource hub, online learning/webinars, online course content, online video library, research projects, and in person trainings and events. The Community Well Terms and Conditions can be accessed here.

GOODS AND SERVICES TERMS 

Our Terms that cover Goods and Services including Online Courses and Benefolk Expert Bar can be accessed here. 

SERVICE PROVIDER 

Where Benefolk is the provider, and Benefolk is engaging its business members as Service Partners, we will work with the client organisation to prepare a Service Proposal that covers the required scope of work, inclusions, exclusions, timeline and fees. Upon acceptance of the Service Agreement, the process is as follows:

a.      You will review, sign and return this agreement to us (via Docusign),

b.      Once you have signed this agreement, you agree to pay the 50% upfront invoice provided with this agreement,

c.       You will work directly with the Service Partner, who will keep us updated with progress,

d.      You agree to contact us as soon as possible, should any difficulties arise between you and the Service Partner so that we can assist in ensuring that the provision of services run smoothly, to a high standard and in a timely manner,

e.      From time to time, we may attend meetings with you and our Service Partner, and your above Benefolk contact is your key Relationship Manager to provide support to you both through the engagement,

f.       We will pay the Service Partner directly on your behalf based on agreed deliverables and milestone payments,

g.      In the event that there is any difficulty between you and the Service Partner, you agree to allow us to assist in working through such difficulties and you agree to follow any reasonable requests from us in this regard, including, should we deem it necessary, attending a Zoom or in person meeting moderated by us or one of our agents.

In order to receive the Services, you agree to:

1. Provide information to the Service Partner as soon as reasonably possible after receiving a request for information;
2. Keep an open line of communication with the Service Partner and let them know immediately if you are concerned about any aspect of the process and are unavailable, such as illness or leave;
3. Ensure that you follow an agreed process requested by the Service Partner, to obtain the best outcomes;
4. Commit the necessary time and effort to engage with the Service Partner, to obtain the best outcomes;
5. Uphold your obligations to funders to report & acquit funds or grants, according to the conditions set out by them (relevant to organisations whose services are being paid through a third party grant);
6. Understand and agree that should you wish to receive additional services from the Service Partner, being services not included in this agreement, additional costs will apply, and you agree to undertake such services through Benefolk and not directly with the Service Partner.  

Confidential Information 

‘Confidential Information’ means any information acquired by you or your employees or agents in the course of or as a result of providing the Services, which is not in the public domain (other than as a result of breach of confidence). It includes any information about us, our operations, our products and services, our plans, and our partners and customers. Examples of Confidential Information include our strategies we share with you, our business plans, training manuals, client and/or partner contact information.

Both during the term of this agreement, and after the termination of this agreement, you and your employees or agents must maintain the secrecy of Confidential Information. This means that you and your employees or agents must not disclose, copy, transmit, retain, or remove any Confidential Information. You and your employees or agents must also use your best endeavours to ensure that third parties do not disclose, copy, transmit, retain, or remove any Confidential Information. You confirm and agree that you will ensure that your employees or agents are made aware of and agree to this confidentiality clause.

Intellectual property rights 

We do not expect that the Services will create any Intellectual Property rights. Each party owns the intellectual property rights it had at the start of the agreement and any intellectual property rights it creates during the course of the agreement.

Your warranties 

In signing this agreement, and providing services in accordance with it, you warrant that: 

a.      There are no legal restrictions that would prevent you receiving the Services;  

b.      You have and will comply with any funding requirements; 

c.       You will act lawfully in receiving the Services;  

d.      You will not infringe the intellectual property of any third parties in providing information or instructions in relation to the Services.

Your indemnities 

You are liable for, and agree to indemnify us in respect of, any claim, action, damage, loss, cost, charge, expense, penalty, fine or payment which we suffer, incur or are liable limited to the portion of the invoice that the claim relates to with the total liability not more than the project fee/total invoiced amount, as a result of: 

a.      The manner in which the services are performed. 

b.      Any of your employees or agents claiming that they are our employee — including claims for wages, public holidays, annual leave, parental leave, personal/carer’s leave, long service leave, redundancy, or termination of employment, or

c.       Any breach by you of your obligations or warranties under this agreement.

d.      Your obligations under this clause survive termination of this agreement. 

Termination 

a.      Termination on notice 

If there is a breach of this agreement, notice should be given to the breaching party, which will then have 20 business days’ to remedy the breach or negotiate amendments to this agreement. In the event that the Service Partner has not provided the services within the relevant time period, we reserve the right to provide an alternative Service Partner to provide and/or complete provision of the services.

Should the breach not be remedied within the 20 day notice period, the party giving the notice may cancel the agreement (provided the other side’s breach was not as a result of action or inaction of the party giving notice) by giving a further 5 days’ written notice of cancellation.

If the agreement is cancelled due to your failure to provide the necessary information and instructions to complete the Services, then no refund will be provided.

If the agreement is cancelled due to the Service Partner (and any alternative Service Partner we may elect) not providing or completing the Services, we will provide you with partial refund, calculated with reference to how much of the services were provided and deducting our administrative fee.

b.      Obligations on termination 

Upon termination of this agreement, each party will immediately return to the other all property in their possession that belongs to the other party, including all books, client lists, correspondence, documentation, specification, working papers, software, tapes, records and keys. 

Electronic media or data will be returned to their owner by electronic means and deleted from the non-owner’s records.

Dispute Resolution: Dispute Resolution: Parties endeavour to settle any dispute by meditation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of both parties. If mediation is unsuccessful, one or both parties may agree to terminate the Client Services Agreement.

INTRODUCTORY SERVICE 

The Site and the Services provide a professional referral network and an introductory platform for individuals or businesses (User) and consultants, coaches, small businesses (Specialists, through which Users will be able to contact Specialists and request their services. Users are also able to refer other Users to access Services on the site, and Specialists are also able to cross-refer Users, and other Specialists on the the Site.

Benefolk also acts as a Provider on occasion, and on occasion will provide services directly to client organisations, by engaging our business members as Service Partners. In this instance, the client organisation will be instructed that the project will be procured through Benefolk, with a Service Agreement with Benefolk. We will have in a place a Service Agreement with our Service Partner (business member) to deliver your service. This Service also applies to services that are paid for by a grantmaker or funding body, that is procured through Benefolk as a provider. (Refer to above conditions)

Each Specialist has been through Benefolk registration and reference-checking process, and is invited to have a profile on the Site as per the information requested on the Site (Profile).

Users can view the Profiles of Specialists. Users can contact the CONCIERGE Service who will be able to help Users find suitable Specialists.

Each User understands and agrees that the Benefolk community and platform is primarily an introductory service only, and that Benefolk’s responsibilities are limited to facilitating the availability of the Site and the Services. (Except for in the instance that Benefolk is providing the Service direct to the client organisation, and engaging a business member as a Service Partner)

Benefolk is not a party to any agreement entered into between a User and a Practitioner or Provider. Benefolk is not a booking agent, and provides no such related services. Benefolk has no control over the conduct of Users, Specialists and any other users of the Site and the Services. Benefolk disclaims all liability in this regard, as set out in these Terms. (Except for in the instance that Benefolk is providing the Service direct to the client organisation, and engaging a business member as a Service Partner)

Any arrangement between a User and a Specialist is solely between the User and a Specialist. It is strictly and expressly not part of the User’s agreement with Benefolk. (Except for in the instance that Benefolk is providing the Service direct to the client organisation, and engaging a business member as a Service Partner)

CONTRACT

The User’s use of the Site, and the Services indicates that the User has had sufficient opportunity to access the Terms and contact Benefolk, that the User has read, accepted and will comply with the Terms, that the User has legal capacity to enter into a legally binding contract, and that the User is eighteen (18) years or older or if younger than eighteen (18) years the User has the approval of its parent or guardian.  If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

PRIVACY POLICY

The Privacy Policy on the Site sets out how Benefolk collects, uses and protects the personal information of its Users.

AMENDMENT

These Terms may be amended from time to time, without prior notice. The User’s continued use of the Services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. Benefolk recommends that each User check the current Terms, before continuing use of the Services. Benefolk’s agents, employees and third parties do not have authority to change the Terms.

SPECIALIST BUSINESS INFORMATION

Each Specialist has one Profile Account (Account) on the Site. Their Services may be listed under different categories on the Site.

Each Specialist agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Benefolk reserves the right to suspend or terminate any Specialist Account and his/her access to the Site and Services if any information provided to Benefolk proves to be inaccurate, not current or incomplete.

PAYMENTS

Users are not required to pay any fees for using the Site but may be required to pay fees for any other services that they request, including Specialists Services, which are subject to negotiation between the User and the Specialists. 

EVENTS AND WEBINARS 

Benefolk Pty Ltd and Benefolk Foundation Ltd also provides webinars, online learning and in person learning activities.

All tickets purchased for our services are non refundable, unless otherwise stated. We use Humanitix booking platform for all ticketing, and their Terms and Conditions are available on their website. 

Unless otherwise indicated, Benefolk owns the copyright for the content presented in the webinars and events. Some of the copyright for the content on this website may be owned by individual presenters and is included under a licence or agreement. Webinar events and recordings are to be viewed by the registrant only; the content must, under no circumstances, be recorded or reproduced. Nothing contained in the materials is intended to be, construed as advice. We are only providing you with techniques, tools, information, insights and educational material to assist you in your organisation. You rely on any information in any materials at your own risk.

It is at the discretion of Benefolk and its presenters whether the webinar presentation and recording is made available after the webinar. If it is provided, it is for personal/non-commercial use only. The content must not be modified or republished without Benefolk or the presenter's prior written consent.

If you seek to reproduce or otherwise use the content in any way, it is your responsibility to obtain approval for such use where necessary. Any breach of copyright, including recording the presentation or any unauthorised use of the material may lead to legal action.

Benefolk is not liable for the detailed content of any webinars, the quality of presentation, or learning outcomes that did not entirely meet expectations.

Users take full responsibility and risk for making any decision based on information in our presentations, sessions or in our materials. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained in our Materials and all such liabilities are expressly disclaimed.

Content presented in these Materials is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness is not warranted, nor does the author accept responsibility arising in any other way for the data or information, including but not limited to negligence, errors or omissions. Your use of the information is entirely at your own risk and any reliance on the information should be your own decision or done with the help of a professional advisor.

Webinars may contain links to other websites over which Benefolk has no control. Benefolk makes no representations about the accuracy of information contained on those websites. We are not liable for the content on those websites.

By registering for our events, consent is given for application details to be provided to Zoom to set up the webinar. You can view Zoom policies on their website.

All event related materials remain copyright of the Benefolk. They must not be distributed to any third party at any time or in any form without written permission from Benefolk.

Whilst Benefolk takes considerable care in reviewing the content of webinars, events and related information, if webinar or event attendees believe that any information provided is incorrect or contentious, they are encouraged to use the contact us link so that the issue may reviewed and rectified if necessary.

CONSUMER GUARANTEES

Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar

If the User is a consumer as defined in the ACL, the following notice applies to the User from Benefolk: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

COPYRIGHT AND INTELLECTUAL PROPERTY

The Site contains material which is owned by or licensed to Benefolk, its affiliates and/or third party licensors as applicable, and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). Benefolk and all material used in connection with the Site are unregistered or registered trademarks of Benefolk.

Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Benefolk (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Site content, images and layout.

The User agrees that, as between the User and Benefolk, that Benefolk owns all Intellectual Property rights in the Site and Services except for User Content, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. Benefolk own or holds a licence in the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Benefolk or the owner of the content.

Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).

Benefolk’s Intellectual Property, User Content and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Benefolk, User Content owner, or the applicable trademark holder.

Users of the Site do not obtain any interest or licence in the Intellectual Property, User Content or Third Party Marks without the prior written permission of Benefolk, User Content owner or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

USER LICENCE

Subject to these Terms, Benefolk grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without Benefolk’s prior written consent.

The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.

This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Permitted and Prohibited Conduct

The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
• as an End User, make any offers to the Practitioners or Providers that it does not intend to honour or cannot provide;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
• copy, store or otherwise access any information contained on the Site and Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
• stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
• use, display, mirror or frame the Site, or any individual element within the Site, Services, Benefolk’s name, any trademark, logo or other proprietary information of Benefolk, or the layout and design of any page or form contained on a page, without Benefolk’s express written consent; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• Content

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Benefolk and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.

The User must not post, upload, publish, submit or transmit any content that:

• infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• is fraudulent, false, misleading or deceptive;
• denigrates the Site, Services, an End User, or a Practitioner or Provider;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
• is violent or threatening or promotes violence or actions that are threatening to any other person; or
• promotes illegal or harmful activities or substances.

CONTENT

Users and Specialists are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). Benefolk does not claim ownership right in User Content. By making available any User Content on or through the Site and Services, the User grants to Benefolk a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use, view, copy, adapt, modify, distribute, licence, publish, reproduce, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of the Site and Services. Users also consent to any act or omission by Benefolk that would otherwise infringe any rights in User Content including but not limited to the User’s moral rights.

The User agrees that it is solely responsible for all User Content that it makes available through the Site and Services. The User represents and warrants that:

it is either are the sole and exclusive owner of all User Content that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Benefolk the rights in such User Content, as contemplated under these Terms; and

neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Benefolk’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

DISCLAIMERS

Benefolk does not guarantee that Specialists and their Services will be requested by any End Users, nor does Benefolk guarantee that the End Users will be able to find desirable Specialists.

Benefolk does not endorse any End User, Specialist, yet will complete sufficient background checks to ensure the Specialists registered with the Collective are sufficiently reference checked. Benefolk requires End Users and Specialists to confirm that they have provided accurate information.

Benefolk cannot and does not control the content contained in any Profiles or the condition, legality or suitability of any Specialists or their Services. End Users are responsible for determining the suitability of Specialists that they contact via the Services.

Benefolk accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Benefolk disclaims any and all liability related to any and all End Users, Specialists, Profiles and Specialists' Services.

By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other End Users or Specialists or other third parties will be limited to a claim against the End User or Specialists or other third party who caused it harm. Benefolk encourages the End User to communicate directly with the relevant End User or Specialists on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.

To the fullest extent allowable under applicable law, Benefolk disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.

For the avoidance of doubt, Benefolk is not responsible for any taxation, visa or immigration matters associated under these Terms. Benefolk advises that all Users using the Site and Services should seek advice in relation to these matters.

Each End User and Specialist who uses the Site and the Services does so at its own risk.

To the fullest extent permitted by law Benefolk excludes all express and implied conditions and warranties, except for the User’s Rights, including but not limited to:

Benefolk expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;

Benefolk does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;

Benefolk takes no responsibility for, and will not be liable for, the Site, the Services, the End User, the Specialists and their Services being unavailable, failing to meet the Profile description, failing to meet the User’s needs, or being of less than merchantable quality; and

Benefolk will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special , consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, Collective Content, inability to access or use the Site, the Services, the Profile, the Specialists’ Services, or the Terms, even if Benefolk was expressly advised of the likelihood of such loss or damage. The User agrees not to attempt to impose liability on, or seek any legal remedy from Benefolk with respect to such actions or omissions.

LIMITATION OF LIABILITY

Benefolk’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed:

• The limitations of damages set forth above are fundamental elements of the basis of the bargain between Benefolk and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
• This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Benefolk

INDEMNITY

Each User agrees to defend and indemnify and hold Benefolk (and Benefolk’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.

Benefolk reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Benefolk without restriction.

GENERAL ACCURACY

While Benefolk will endeavour to keep the information up to date and correct, Benefolk makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Benefolk expressly excludes any liability for such to the fullest extent permissible by law.

TERMINATION

Benefolk reserves the right to refuse supply of the Services required by any User, terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User.

FORCE MAJEURE

Benefolk will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.

NOTICE

Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Benefolk of any of the Terms shall be effective unless Benefolk expressly states that it is a waiver and Benefolk communicates it to the User in writing.

ASSIGNMENT

A User must not assign any rights and obligations under the Terms whether in whole or in part without Benefolk’s prior written consent.

SEVERABILITY

If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

JURISDICTION AND APPLICABLE LAW

These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Tasmania, Australia, and subject to the exclusive jurisdiction of the Tasmanian courts. The Site may be accessed throughout Australia and overseas. Benefolk makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between Benefolk and each User, and supersede any prior agreement, understanding or arrangement between Benefolk and each User, whether oral or in writing.

CONTACT/QUESTIONS

For questions, please contact us here or by mail to PO Box 262, Lennox Head NSW 2478.