GOODS AND SERVICES TERMS AND CONDITIONS

1. BACKGROUND

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

You (‘you’, ‘your’ or any similar grammatical form) are wishing to access or purchase certain services, goods, or subscriptions that are made available using the Site.

By accessing or purchasing any goods or services, including Subscriptions, on this Site (including, where appliable for $0), you are expressly agreeing to these terms and conditions (Terms).

If you do not accept these Terms, then you must not purchase or access any goods, services, or Subscriptions from the Site.

General use and access to the Site is governed by the Website Terms and Conditions, as updated, and amended from time to time by us.

2. PRIVACY

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

3. GOODS AND SERVICES

All goods and services made available and described on the Site may be accessed or purchased by you from us using the applicable order form and paying the applicable fee (if any) on the Site. We may issue vouchers from time to time which you can apply towards the fee for a product or service, subject to any terms applicable to the voucher.

The product or service that you select in your order form will describe the quantity and details of the relevant product or service, including how and when it may be accessed and/or delivered (as applicable).

Our goods and services are constantly being reviewed and changing, so we require and reserve the right to modify, vary, cancel, discontinue any product or service at any time.

For the avoidance of doubt, we will not be liable to you, any third party, or related entity, because of any subsequent modification or variation to a product or service.

Any potential returns for any merchandise goods will be subject to our return policy.

4. SITE CONTENT

4.1 EXPERT BAR SERVICES

This clause is applicable to the services purchased using the ‘Expert Bar’ from the Site and operates as a special condition and will apply to the extent of any inconsistency in these Terms.

We offer certain services via the Expert Bar section of the Site that consist of an online appointment to speak with an individual who has experience in the area as described on the order form at the point of purchase and booking (Expert Bar Services).

Subject to you completing the order form and paying the applicable fee to receive services as part of the Expert Bar Services, we will allocate a virtual meeting time with an appropriate person in accordance with these Terms.

Each booking/order for an Expert Bar Service via the Site is a separate engagement with us and does not entitle you to any other service.

The Site and order form will set out the applicable fee for the Expert Bar Service that may be purchased and booked on the Site.

Payments for any Expert Bar Services will be made in accordance with clause 4 of these Terms.

4.1.1 DELIVERY OF EXPERT BAR SERVICES

You acknowledge that we may provide the Expert Bar Services directly to you or through independent contractors that we engage to provide the Expert Bar Services to you on our behalf.

All purchase orders / bookings for Expert Bar Services made through the Site will operate on a time-spent basis in 15 minute blocks (e.g. 15 minutes, 30 minutes, 45 minutes, 60 minutes, 90 minutes, 120 minutes). The fee charged will depend on the amount of time booked by you.

The engagement will expire automatically upon completion of the session that has been paid for and booked.

If you require additional time, then you must complete an additional order form and pay the applicable fee to make an additional booking.

You acknowledge that bookings are only available during limited periods.

4.1.2 CANCELLATIONS OF EXPERT BAR SERVICES

You must provide at least 72 hours’ notice in advance of your allocated booking time if you need to cancel or reschedule an existing booking as part of the Expert Bar Services, which must be completed online in the calendar / booking system through the Expert Bar Service section of the Site.

If the notice above is not provided by you, then we reserve the right to retain the full fee already paid by you to us or, if not already provided, we reserve the right to charge the full amount agreed in the order form.

If the person that we allocate to attend your booking as part of the Expert Bar Services is required to cancel or reschedule a booking, then we will endeavour to notify you at a reasonable period before the scheduled appointment and you will not be charged or, if the payment has already been made by you, then you will be fully refunded.

4.1.3 CONFIDENTIALITY FOR EXPERT BAR SERVICES

If any information provided by you should be treated confidentially, then you must advise us and any specialist contractor assisting you before providing such information. This information will constitute ‘Confidential Information’ for the purposes of this clause.

We will, and will ensure that our contractors, take reasonable steps to keep the Confidential Information confidential during and after the engagement of the Expert Bar Services.

Despite any other clause in these Terms, the obligations of confidentiality under this clause do not apply to Confidential Information that is:

• required to be disclosed under an applicable law, or compulsion of Court, or government agency;
• in the public domain or disclosed to any other user or third-party by you in connect with a good or service provided by us;
• already known by, or rightfully received, or independently developed, by the recipient of the information free from any obligation of confidence.

4.2 ONLINE COURSES

This clause is applicable to the services described as ‘Online Courses’ from the Site and operates as a special condition and will apply to the extent of any inconsistency in these Terms.

We offer certain Online Courses on our Site that consist of a broad range of general topics and information.

Subject to these terms, including you completing the order form and paying the applicable fee to attend in an Online Course, we will provide you with digital access to attend the Online Course.

Each Online Course purchased via the Site is a separate engagement with us and does not entitle you to any other service.

The Site and order form will set out the applicable fee for the Online Course that may be purchased on the Site.

Payment for any Online Courses will be made in accordance with clause 4 of these Terms.

4.2.1 DELIVERY OF ONLINE COURSES

You acknowledge that we may provide Online Courses directly to you or through independent contractors that we engage to provide Online Courses to you on our behalf.

Your access to the Online Course will expire automatically upon the earlier of:

• completion of the Online Course that has been paid for; or
•  12 months from the date that the Online Course was paid for.

4.2.2 REFUNDS FOR ONLINE COURSES

Without limitation to the rights under Australian Consumer Law, no refund is provided for change of mind.

5. INTELLECTUAL PROPERTY

If you provide any material or document to either us, our contractors, or volunteers, to review, then you grant us, our contractors, and volunteers involved in the provision of an Online Course or your engagement with the Expert Bar Service a non-exclusive, worldwide, and royalty free licence for the sole purposes of providing the relevant service to you.

It is essential that you hold all legal rights and permissions to the information that you provide to us. You will be liable for, indemnify us, our employees, subcontractors, and volunteers from and against, loss or damage (including legal costs) incurred or suffered by us, our employees, subcontractors, and volunteers in connection with any breach of these Terms or alleged or actual infringement of a third party’s Intellectual Property rights (which will survive termination or expiration of these Terms).

6. ASSUMPTIONS BASED ON INFORMATION PROVIDED BY YOU

You acknowledge that all information provided to you as part of the Expert Bar Service is based on the information provided by you to us, our employees, contractors, or volunteers.

We assume that all information or responses provided by you are true, and correct, and not misleading or deceiving, there are no material errors or omissions in the information that you provide us, the information is current, accurate, reliable, and complete, and that no facts or material documents (if relevant) have been withheld. If any of the above assumptions of reliance are not valid, then any information or conclusions provided as part of the Expert Bar Services will need to be re-examined and may require variation. We will not independently verify any information or material provided by you.

7. PAYMENTS, BILLING, AND CANCELLATION

7.1 PAYMENTS

You must provide us with a valid, current, and acceptable method of payment, such as a credit card, direct deposit, or another payment method acceptable by us (Method of Payment) as part of the order form at the point of sale on the Site to purchase the services or goods.

All payments for your purchase on the Site will be charged to the Method of Payment as provided by you and as updated by you from time to time.

If a payment is unsuccessful due to incorrect account details, insufficient funds, or otherwise, then we will not be able to process your purchase and, in the case of subscription services, we may suspend your subscription.

All fees payable via the Site will be in Australian Dollars and will include local Australian taxes, as applicable.

We will issue a tax invoice to at the time of the payment.

We reserve the right in our absolute discretion to provide any temporary or special discounts to fees, which may be applicable from time to time.

7.2 SUBSCRIPTIONS

Subscriptions on the Site are intended to provide users with a more customised experience and may include discounted access to certain goods or services.

The Subscriptions offered by us may comprise access to various goods and/or services, which may be modified from time to time. Subscriptions may vary and may be subject to, or conditional upon, different conditions, limitations, and terms as specified in the order form.

7.3 PAYMENT OF SUBSCRIPTION

You authorise and direct us to use your Method of Payment to charge the applicable subscription fee associated with your subscription on each Billing Date.

We regularly review our product and services that make up our various subscriptions. As part of these reviews, the associated fees and charges may also need to change.

We will provide you with at least 30 days’ notice before charging you the revised fee.

The revised fee will be charged at the time of the next Billing Date.

7.4 ADDING AND UPDATING YOUR PAYMENT METHODS

You are responsible for adding and updating your Method of Payment, which can be done when you purchase a subscription.

You authorise us to use your added or updated nominated Method of Payment to charge for the subscription that you select on the order form or in the account details.

7.5 PERIOD AND CANCELLATION OF SUBSCRIPTIONS

Subscriptions may be offered on a monthly or annual basis and therefore charged on a monthly or annual basis, as applicable.

Your subscription will continue until terminated or cancelled.

Unless you cancel your subscription before your relevant Billing Date, you authorise and direct us to charge the subscription fee on each applicable Billing Date for your subscription.

You may cancel your subscription at any time. If you cancel your subscription, your access will remain the same until the end of your current billing period, following which your access will be terminated and your subscription cancelled.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

The goods and services that may be purchased or accessed on the Site contain material comprising Intellectual Property rights that is owned by, or licenced to, us, our affiliates and/or third-party licencors as applicable, and is protected by Australian and international laws (‘Content’).

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

In these Terms, 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.

You agree that, as between you and Us, that we own all Intellectual Property rights in the Site and the 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 Content.

The Site and Content and are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and 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 or goods or services may be the trademarks of their respective owners (collectively, ‘Third Party Marks’). Any unauthorised use of the Site, goods or services, Content, 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.
You 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. You may not do anything which interferes with or breaches the Intellectual Property rights.

9. PERMITTED AND PROHIBITED CONDUCT

You are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use, access, or purchases from the Site.

In connection with your use of the Site and goods or services, you must not and agree that you will not:

1. purchase any goods or services 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. 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;
4. copy, store or otherwise access any information contained in the services or goods for purposes not expressly permitted by these Terms;
5. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
6. use any goods 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;
7. use the goods or services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
8. stalk or harass any other person or collect or store any personally identifiable information about any other user other than for purposes of transacting as a user on the Site;
9. use, display, mirror or frame the Site, or any individual element within the Site, goods or services, 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
10. advocate, encourage, or assist any third party in doing any of the foregoing.

10. CONTENT

You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and/or Content.

You 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, Content, 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.

11. ACKNOWLEGEMENT AND 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:

• 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;
• 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;
• 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.

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 services, goods, or subscriptions 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.

We are not responsible for any financial, taxation, legal, or accounting matters associated under these any goods or services. You should seek advice in relation to those matters.

Any access and reliance on the goods and services are at your own risk.

To the fullest extent permitted by law, we expressly disclaim any express or implied 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, content on the Site (including pictures, videos, sound clips, links etc.), or your access to the Site, or links to other sites, or the goods or services will be error free, that any defects will be corrected, or that the Site or the server which stores and transmits material to you is free of viruses or any other harmful components or contamination.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Benefolk Foundation, its volunteers, its employees, and its contractors exclude all potential loss or damage to all users, clients, or customers in respect of any and all claims arising out of or in connection with the Site, goods or services, or the Terms, 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 you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

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, 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 goods 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 your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against the you, arising out of or in connection with the Site or goods or services, inability to access or use the Site, the goods or services, even if we were expressly advised of the likelihood of such loss or damage. You agree not to attempt to impose liability on, or seek any legal remedy from, us with respect to such actions or omissions.

Despite any other term in these Terms, nothing in these Terms is intended to restrict, exclude, or modify the rights you may have available under the Australian Consumer Law. A failure to comply with the consumer guarantee provisions under the Australian Consumer Law in respect of these Terms, our liability is limited (at our election) to:

1. in the case of a supply of goods:
   1. replacing the goods or supplying equivalent goods or repairing the goods;
   2. paying the cost of replacing the goods or acquiring equivalent goods; or
   3. paying the cost of having the goods repaired; or
2. in the case of a supply of services:
   1. resupplying the services; or
   2. paying the cost of having the services supplied again.

13. INDEMNITY

You agree 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 your use of, or access to, the goods or services; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party, including any breach of our Intellectual Property rights or the Intellectual Property rights of a third party.

This indemnification obligation will survive these Terms and your use of the Site or goods and services. These Terms, and any rights and licences granted hereunder, may not be transferred, or assigned by you, but may be assigned by Us without restriction.

14. GENERAL ACCURACY

While we will endeavour to keep the information that we make available 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 good or service, or Content for any particular purpose.

The Site is designed to be collaborative in nature, so third-party product or services may be used or available from time to time.

You acknowledge that, we are not responsible for, nor do we endorse, the goods and services offered or otherwise made available by third-parties that may be used or available on the Site.

You acknowledge that such information in the goods, services, including those contained in any Subscriptions) is for general information purposes and may contain mistakes, inaccuracies, or errors and, we expressly exclude any liability to the fullest extent permissible by law.

When accessing any goods or services, you are responsible for evaluating its completeness, accuracy, and relevance to any circumstance. You should always obtain separate advice by qualified professionals before applying or using any goods or services. Your reliance on any information contained in any goods or services from this Site is entirely at your own risk.

15. TERMINATION

Without limiting any other remedies available to us at law or in equity, we reserve the right to, without notice:

1. temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide products or services to you if:
   1. you breach any provision of these Terms;
   2. we are unable to verify or authenticate any information that you provide to us; or
   3. we believe that your actions may cause damage and/or legal liability to us, any of our users or suppliers, or any other person.
2. remove or block access to any information and/or materials (in whole or in part) that we, at our sole and absolute discretion, regard in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these terms.

We reserve the right to remove or edit content on the Site at our sole discretion.

16. GENERAL

1. Amendments: We reserve the right to change these Terms from time to time with or without notice to you and without giving any explanation or need to give reasons for such a change. Variations to Subscriptions, including applicable Subscriptions Fees are as provided in these Terms.
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 you in writing.
5. Assignment: We may assign any rights or obligations under these Terms in our absolute discretion. You may 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 goods and services and any dispute arising out of any use of the Site or goods or services 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 you, and supersede any prior agreement, understanding or arrangement between Us and you, 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.

17. CONTACT/QUESTIONS

Questions regarding these Terms and Conditions should be directed via the general enquiry form or by mail to Po Box 262 Lennox Head NSW 2478. 

18. COMPLAINTS

If you wish to raise a complaint, you should contact the Help Desk or use the Contact Us form located on the Site. We will endeavour to respond to any complaint within a reasonable period.