SITE TERMS AND CONDITIONS

‘The Community Well – Social Sector Wellbeing & Resilience Hub’ is available under the terms and conditions below.

1. BACKGROUND

This website known as ‘The Community Well – Social Sector Wellbeing & Resilience Hub’ (‘Site’) is owned and operated by Benefolk Foundation Ltd ABN 74 642 498 600 (‘Benefolk Foundation’, ‘we’, ‘us’, ‘our’ and similar grammatical forms).

As a user that is accessing the Site, the Site is available for you (‘User’, ‘you’, ‘your’ or any similar grammatical form) to:

1. access on the strict condition of your acceptance without amendment of the Terms below (and by continuing to access the Site, you are providing us with your consent to these Terms); and
2. upload information or information conditional on your acceptance without alteration or amendment of the Terms set out below — by continuing to provide or upload material or information, you are agreeing to the Terms related to uploading material or information to our Site.

If you do not accept these Terms, you must not use or access the Site.

2. PRIVACY

We collect, use, and disclose personal information in accordance with our Privacy Policy and Privacy Collection Statement.

3. CONDITIONS OF ACCESS AND USE OF SITE:

You expressly warrant that you:

1. Have read, and agree to our Terms and Privacy Policy;
2. acknowledge and agree that any material on the Site is presented as an information source only and is not advice and may not be applicable in your particular circumstances;
3. agree to be contacted by our Site manager or another person we authorise on occasion on a de-identified basis to check progress and seek feedback;
4. acknowledge that you may be asked to participate in surveys and feedback forms from time to time, for the purpose of collecting evaluation data.

4. COPYRIGHT AND INTELLECTUAL PROPERTY

The Site contains material which is owned by, or licensed to, us, our affiliates and/or third party licensors as applicable, and is protected by Australian and international laws, including but not limited to the copyright, trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (‘Collective Content’).

The words ‘Benefolk Foundation’ and all material used in connection with the Site are unregistered or registered trademarks that are either owned or licensed to us.

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 us (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 Site may also contain certain resources, templates, guidance notes available on the Social Sector Wellbeing and Resilience Hub, which are either owned by, or licensed to, us, which are protected by Australian and International Law (Wellbeing Resources).

The User agrees that, as between the User and Us, that we own all Intellectual Property rights in the Site, Wellbeing Resources, and the Collective Content except for User Content, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights.

We own or hold a licence in the copyright which subsists in all creative and literary works displayed in the Site and the Wellbeing Resources. The Site, Collective Content, and Wellbeing Resources 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 us or the owner of the content.

Other trademarks, service marks, graphics and logos used in connection with the Site and Wellbeing Resources may be the trademarks of their respective owners (collectively, ‘Third Party Marks’). Any unauthorised use of the Site, the Collective Content, Wellbeing Resources, or Third Party Marks may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

Our 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 us, 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 us, User Content owner, or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

Wherever a third party holds copyright in material or information presented on this Site, the copyright remains with that party. Their permission may be required to use the material or information. We have made all reasonable efforts to clearly label material where the copyright is owned by a third party and ensure that the copyright owner has consented to this material being presented on this Site.

5. USER LICENCE

Subject to these Terms, we grant the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and access the Wellbeing Resources for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User or the User’s employer (provided that employer is a community service provider) as permitted in accordance with these Terms (‘User Licence’), and not to use the Site and Wellbeing

Resources in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.

The right to use the Site and Wellbeing Resources is licensed to the User and not being sold to the User. A User has no rights in the Site and Wellbeing Resources 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 Wellbeing Resources, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

6. 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 Wellbeing Resources.

In connection with the User’s use of the Site and Wellbeing Resources, the User may not and agrees that it will not:

1. use the Site or Wellbeing Resources for any commercial or other purposes that are not expressly permitted by these Terms;
2. register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
3. as a User, make any offers to other users that it does not intend to honour or cannot provide;
4. 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;
5. copy, store or otherwise access any information contained on the Site, Wellbeing Resources, or Collective Content for purposes not expressly permitted by these Terms;
6. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
7. use the Site or Wellbeing Resources 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;
8. use the Site or Wellbeing Resources in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
9. stalk or harass any other user of the Wellbeing Resources or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
10. use, display, mirror or frame the Site, or any individual element within the Site, Wellbeing Resources, Benefolk Foundation’s name, any trademark, logo or other proprietary information of ours, or the layout and design of any page or form contained on a page, without our express written consent; or
11. advocate, encourage, or assist any third party in doing any of the foregoing.

7. CONTENT

The Site, Wellbeing Resources, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, Wellbeing Resources and Collective Content, including all associated intellectual property rights, are the exclusive property of us and our 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 Wellbeing Resources, or Collective Content.

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

1. 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;
2. is fraudulent, false, misleading or deceptive;
3. denigrates the Site, Wellbeing Resources, a User or any other third party;
4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
7. promotes illegal or harmful activities or substances.

8. DISCLAIMERS

The content of this website is provided for information purposes only and is solely intended to provide a general understanding of the subject matter and to help you assess whether you need more detailed information.

Every effort is made to ensure that the material is accurate and up to date. However, we do not guarantee or warrant the accuracy, authenticity, completeness, or currency of the information provided on the site at any time. We do not accept liability to any person for the information or advice, or the use of such information or advice, provided on this website.

We reserve the right to change information or material on the website at any time without notice.

You acknowledge and agree that:

1. we do not warrant, represent, or guarantee that any such material purchased or made available through the Site will be complete, accurate, suitable, appropriate for your or any third-party organisation that you may be associated with;
2. all materials, including any templates, guides, factsheets, or similar documents, whether in written, video, or audio form are only for general information purposes and may only be used for personal and non-commercial purposes to support a charity or not-for-profit;
3. you should always seek your own professional advice from experienced professions, such as accountants, lawyers, and others before relying on any documents purchased or accessed through the Site.

By using the Site or Wellbeing Resources, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other users or other third parties will be limited to a claim against the User or other third party who caused it harm.

To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Wellbeing Resources 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, we are not responsible for any financial, accounting, or taxation, visa or immigration advice or matters associated under these Terms. All Users using the Site and Wellbeing Resources should seek advice in relation to these and all other matters.

Each User who uses the Site and the Wellbeing Resources does so at its own risk.

To the fullest extent permitted by law, we exclude all express and implied conditions and warranties.

To the fullest extent permitted by law, we expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms.

Benefolk Foundation, our employees, and the suppliers of content, do not warrant or guarantee that the Site, the Wellbeing Resources, content on the Site (including pictures, videos, sound clips, links etc.), or the User’s access to the Site, or links to other sites, or the Wellbeing Resources 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 or contamination.

The information on this Site is to be displayed in full screen format only. No liability is accepted for any information that may appear in any other format.

Our Site contains hyperlinks to a variety of other sources. Material from other organisations is provided in good faith as representing the views and policies of those organisations. It does not necessarily reflect our policies.

Hyperlinks and references to external websites should not be construed as implying any relationship with and/or endorsement of the external site of its content by us nor any commercial or other relationship with the owners of such website.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Benefolk Foundation, its volunteers, employees, and contractors exclude all potential loss or damage to all users in respect of any and all claims arising out of or in connection with the Site, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us 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 us.

To the maximum extent permitted by law, Benefolk Foundation, its volunteers, its employees, and its contractors 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, Wellbeing Resources, Collective Content, inability to access or use the Site, the Wellbeing Resources, even if we were 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 us with respect to such actions or omissions.

10. INDEMNITY

Each User agrees to defend and indemnify and hold us (and our 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 Wellbeing Resources; any breach by the User of these Terms; any willful, 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.

We reserve 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 Wellbeing Resources. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Us without restriction.

11. GENERAL ACCURACY

While we will endeavour to keep the information up to date and correct, information is provided ‘as is’ and we make 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 Foundation expressly excludes any liability for such to the fullest extent permissible by law.

When accessing the Site and any Wellbeing Resources, the User is responsible for evaluating their completeness, accuracy, and relevance to any circumstance. The User should obtain separate advice by qualified professionals before applying or using any Wellbeing Resources.

12. TERMINATION

We reserve the right to refuse supply of the Wellbeing Resources 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.

13. GENERAL

1. Amendment: We reserve the right to change these Terms with or without notice to the User and without giving any explanation or need to give reasons for such a change.
2. Force Majeure: We 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.
3. 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.
4. 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 us of any of the Terms shall be effective unless we expressly state that it is a waiver and we communicate it to the User in writing.
5. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent (which may be withheld in our absolute discretion).
6. 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.
7. Jurisdiction and Applicable Law: These Terms, use of this Site, the Wellbeing Resources and any dispute arising out of any User’s use of the Site or Wellbeing Resources is subject to the laws of New South Wales, Australia, and subject to the non-exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. We make 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 is responsible for complying with the laws in the place where they access the Site.
8. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Us and each User, and supersede any prior agreement, understanding or arrangement between Us and each User, whether oral or in writing.
9. Dispute Resolution: If a dispute arises in connection with these Terms between the parties, the parties will endeavour to settle any dispute by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of both parties. If the parties cannot agree on a mediator, they agree that a mediator may be appointed by the president of the New South Wales. The parties agree that the costs of the mediator will be paid equally between them. Either or both parties may be represented in mediation by a lawyer or other representative. Any party electing to have such representation will bear the costs of such representation. If mediation is unsuccessful, one or both parties my agree to terminate this agreement.  These Terms and any document expressly referred to in them represent the entire agreement between Us and each User, and supersede any prior agreement, understanding or arrangement between Us and each User, whether oral or in writing.

14. CONTACT/QUESTIONS

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