Members terms and
conditions of use
Terms
and Conditions
Privacy
Policy
Browser Terms of
Use
We invite your feedback so we
can continue to make your experience on daysofchange.org as
positive as possible.
Your Privacy
- We will not pass on your private information or email addresses
to any third parties without your consent
- We will provide e-newsletters and pledge support emails only
once per month and occasionally special offers from our partners if
they relate to the areas you have expressed interest in. These
include:
- Weekly Special Offers Email.
- Monthly Newsletter.
- Pledge Support Emails. Key information, support and any
relevant offers from our partners specific to the Pledges you have
made.
- On occasion we may send a special email on behalf of one of our
partners with exclusive information or promotions for you.
- At any time you like you can revise your pledge card, subscribe
or unsubscribe to our mailing list or even opt out of the program
should you choose. Being part of "Days of Change" costs nothing;
all we want to do is save you money and the planet at the same
time! Read our full Privacy Policy
here. To Unsubscribe email unsubscribe@daysofchange.org,
or opt-out from the bottom of the email.
Terms and Conditions
Agreement to be bound
1.1
The following describes the terms on which Days of Change
Foundation offers you access to our services on this website.
In using this website, you agree to be bound by these terms and
conditions. If you do not accept these terms and conditions,
you must refrain from using the web site. These terms and
conditions must be read in conjunction with the Privacy Policy.
Terminology
1.2
In these terms and conditions:
- the expressions "we", "us" and "our" are a reference to Days of
Change Foundation;
- where the context permits, a reference to "you" includes you
and anyone acting on your behalf or with your express or implied
authority;
- Member means a person, organisation or body
registered as a member with Days of Change Foundation;
- Privacy Policy means our privacy policy published on the
Site;
- Profile Page means the information page
created by a Member on the site;
- Site means our website;
and
- User means an end user.
Amendment to terms and conditions
1.3
We reserve the right to amend these terms and conditions from
time to time. Amendments will be effective immediately upon
notification on this web site. Your continued use of the web
site following such notification will represent an agreement by you
to be bound by the terms and conditions as amended.
We invite your feedback so we can continue to make your
experience on foursquare as positive as possible.
Member registration
1.4
To create a Profile Page you must be an existing Member.
To become a Member you must complete your registration details
through the 'Sign Up Link' and activate your account in the
confirmation email.
Obligations of Member with Profile Page
1.5
You are responsible for the content of your Profile Page.
You must take all reasonable steps to prevent any unauthorised use
of your Profile Page and must immediately report any unauthorised
use of your Profile Page to us.
No relationship
1.6
No agency, partnership, joint venture, employee-employer,
franchisor-franchisee or other similar relationship is intended to
be or is created by becoming a Member. In particular, you
have no authority to bind us or our related entities or affiliates
in any way whatsoever.
Obligations of Member with Profile Page
1.7
You agree that all information on your Profile Page and linked
or embedded to your Profile Page must be kept up to date and must
not:
- be inaccurate, false, misleading or deceptive;
- be fraudulent;
- infringe any third party's copyright, patent, trademark, trade
secret or other proprietary rights, rights of publicity,
confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation
(including, but not limited to, consumer protection, unfair
competition, criminal law, antidiscrimination and trade
practices/fair trading laws);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in our sole
discretion, is in any way inappropriate or unlawful, including, but
not limited to obscene, inappropriate or unlawful images;
- contain any malicious code, data or set of instructions that
intentionally or unintentionally causes harm or subverts the
intended function of our web site, including, but not limited to
viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer programming routines that may damage, modify, delete,
detrimentally interfere with surreptitiously intercept, access
without authority or expropriate any system, data or personal
information;
- create liability for us or cause us to lose (in whole or in
part) the services of our ISPs or other suppliers; or
- link directly or indirectly to services that are outside the
scope of this website or you do not have a right to link to.
Licence
1.8
To enable us to use the information added to your Profile Page,
without infringing any rights you may have in that information
(including any intellectual property rights) you agree to grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to do and authorise the doing of all acts
comprised in the copyright, and to exercise the publicity and
database rights (but no other rights) that you have in the
information, in any media now known or not currently known, with
respect to the information on your Profile Page. We will use
the information on your Profile Page in accordance with our Privacy Policy.
Links to Other Sites
1.9
For your convenience and information, this Web Site may contain
links to other sites. Days of Change Foundation makes no
representation or warranty as to the accuracy, currency or any
other aspect of the information on those linked or embedded
sites. A link to another site should not be construed as an
endorsement or recommendation by Days of Change Foundation of any
information, goods or services on that other site.
Release
1.10
We are not involved in any actual transaction between you and a
User. To the full extent permitted by law, we disclaim all
liability for any loss or damage (actual, special, direct, indirect
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or connected in any way connected with your transaction with any
User.
1.11
We may plead these terms and conditions in bar to any claim,
action, proceeding or suit brought by you, against us for any
matter arising out of any transaction conducted on this
website.
1.12
We cannot ensure and do not guarantee that a Member or User of
our Site will actually complete a transaction or act lawfully in
using our Site
Disclaimer
1.13
To the full extent permitted by law, we do not accept
responsibility for any loss or damage, however caused (including
through negligence), which you may directly or indirectly suffer in
connection with your use of the Site or any linked or embedded web
site, nor do we accept any responsibility for any such loss arising
out of your use of or reliance on information contained on or
accessed through this Site.
1.14
Where any statute implies any term into your use of or any
arrangement arising out of the accessing of this Site and that
statute prohibits exclusion of that term, then that term is
included. If and to the extent permitted by the statute,
however, our liability for any breach of such term is limited to
the resupply of services or the payment of the cost of having the
services supplied again.
Contact by Days of Change
1.15
You agree to be contacted for marketing purposes and to
receiving program updates and pledge support emails from Days of
Change or its sponsors.
1.16
You may opt out of receiving this information by contacting Days
of Change in writing.
Specific warnings
1.17
You must ensure that your access to the Site is not illegal or
prohibited by laws which apply to you.
1.18
You must take your own precautions to ensure that the process
which you employ for accessing the Site does not expose you to risk
of viruses, malicious computer code or other forms of interference
which may damage your own computer system. For the avoidance
of doubt, we do not accept responsibility for any interference or
damage to your own computer system which arises in connection with
your use of the Site or any linked or embedded web site.
1.19
We do not guarantee continuous, uninterrupted or secure access
to our services, and operation of our Site may be interfered with
by numerous factors outside our control. To the extent that
such factors are outside our control, we shall not be liable.
1.20
We do not offer any form of insurance or other protection.
The Site merely provides the online venue for Users to search for
information and interact with other Members. We are not
otherwise involved in the transaction and interactions between
Users and Members.
1.21
Responsibility for the content of advertisements appearing on
the Site (including hyperlinks to advertisers' own web sites) rests
solely with the advertisers. The placement of such
advertisements does not constitute a recommendation or endorsement
by us of the advertisers' products and each advertiser is solely
responsibility for any representations made in connection with its
advertisement.
Intellectual Property
1.22
The content on this Web Site is Days of Change Foundation's
intellectual property and subject to copyright. You may copy
the information contained on this Web Site but only for your
private purposes and provided that you do not remove any copyright
notices or any Days of Change Foundation trade mark or logos.
1.23
No permission to reproduce or use Days of Change Foundation or
any third party's copyright material which is displayed on this web
site is to be implied by the availability of that material on this
web site.
Indemnity
1.24
You agree to indemnify and hold us and our related entities,
affiliates, and our and their respective officers, directors,
agents, and employees, harmless from and against any and all
claims, demands, proceedings, losses and damages (actual, special
and consequential) of every kind and nature, known and unknown,
including reasonable legal fees, made by any third party due to or
arising our of your breach of these terms and conditions.
Privacy Policy
1.25
Your information will be treated in accordance with the terms of
our Privacy Policy.
Security of information
1.26
No data transmission over the Internet can be guaranteed as
completely secure. Whilst we strive to protect such
information, we do not warrant and cannot ensure the security of
any information which you transmit to us. Accordingly, any
information which you transmit to us is transmitted at your own
risk.
Access and interference
1.27
Our Site may include robot exclusion headers and you agree that
you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our Site or the content contained
herein without our prior written permission. You agree that
you will not use any device, software, or routine to bypass our
robot exclusion headers, or to interfere or attempt to interfere
with the proper working of our Site or any transaction being
conducted through our Site. You agree that you will not take
any action that imposes an unreasonable or disproportionately large
load on our infrastructure. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly
display any content (except for your Profile Page) from our Site
without our prior written permission or of the party authorised to
grant such permission.
Termination of access
1.28
Your access to the Site may be terminated at any time by us
without notice.
Breach
1.29
Without limiting other remedies available to us at law, in
equity or under these terms and conditions, we may, without notice
to you and in our sole discretion (exercised reasonably having
regard to the circumstances) issue you a warning, restrict your
activities through the Site, temporarily suspend, indefinitely
suspend or terminate your membership if:
- you have, or we believe that you have, breached these terms and
conditions;
- we are unable to verify or authenticate any information you
provide to us;
- we believe that your actions may cause loss or damage to or
otherwise unlawfully harm our Members, third parties or us, our
related bodies corporate or affiliates, our directors, employees or
agents; or
- if we reasonably believe that any of the information you add to
your Profile Page is inappropriate or of an offensive nature.
General
1.30
We accept no liability for any failure by you to comply with
these terms and conditions.
1.31
If we do not act in relation to a particular breach by you of
these terms and conditions, this will not be treated as a waiver by
us of our right to act with respect to that or subsequent or
similar breaches.
1.32
If any of these terms and conditions are invalid, unenforceable
or illegal, that term will be struck out and the remaining terms
will remain in force.
1.33
These terms and conditions are governed by the laws in force in
Western Australia.
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Privacy
Policy
This is the Days of Change Foundation ACN 135 470 825 ("DOC")
Privacy Policy ("Policy").
DOC is bound by the National Privacy Principles ("NPPs")
contained in the Privacy Act 1988 (Cth) ("Privacy Act").
This Policy sets out the privacy principles that govern the
membership and use of the services at daysofchange.org
("Website") and the personal information DOC collects about
members. In summary, 'personal information' is information or
an opinion relating to an individual which can be used to identify
that individual.
Prior to becoming a member of the Website you must agree and
accept this Policy. By doing so, you consent to our use and
disclosure of your personal information in the manner set out in
this Policy.
When you use DOC's services you confirm your agreement to be
bound by and acknowledge any changes to the Policy.
\\
1. Collection of personal information
DOC collects personal information from its members in order to
conduct its business, to provide and market its services and to
meet its legal obligations.
The type of information DOC may collects and holds includes (but
is not limited to):
- personal information such as name, email address, private
residential address, age range
- business associates and potential members and their employees,
suppliers and their employees and prospective employees, employees
and contractors
- photographs
- your personal statements including "about you", your commitment
to or interest in sustainability, status updates and your comments
on yours and other profile pages.
In most cases, if the personal information DOC requests is not
provided, it may not be able to grant persons membership of the
Website or supply the relevant product or services.
The personal information members provide DOC will generally be
collected by way of forms filled out by members upon application
(on-line or otherwise), face-to-face meetings, emails, business
cards and telephone conversations.
DOC collects personal information from the web site through
receiving membership applications and emails. It may also use
third parties to analyse traffic at that web site, which may
involve the use of cookies. Information collected through
such analysis is anonymous.
2. Use and disclosure of personal
information
DOC may use and disclose personal information for the primary
purpose for which it is collected, for reasonably expected
secondary purposes which are related to the primary purpose and in
other circumstances authorised by the Privacy Act.
In general, DOC uses and discloses personal information for the
following purposes:
- to operate and conduct a social network for a socially and
environmentally sustainable future;
- to provide and market its services;
- to communicate with members;
- to comply with its legal obligations; and
- to help them manage and enhance its services.
DOC may disclose personal information to:
- other members of the DOC group;
- other members of the Website;
- website and DOC sponsors;
- browsers of the Website;
- other companies or individuals who assist DOC in providing
services or who perform functions on their behalf; and
- anyone else to whom members authorise them to disclose it.
Members of the public who are not subscribers to the website or
in any way connected to DOC may be able to view the following:
- Your public profile;
- Pledge support pages; and
- Help pages
Some personal information which DOC collects may be 'sensitive
information'. Sensitive information includes information
relating to a person's political opinions and professional or trade
association membership. Sensitive information will be used
and disclosed only for the purpose for which it was provided or a
directly related secondary purpose, unless you agree otherwise, or
where certain other limited circumstances apply (eg, where required
by law).
3. Management of personal information
The NPPs require DOC to take reasonable steps to protect the
security of personal information. DOC's personnel are
required to respect the confidentiality of personal information and
the privacy of individuals.
DOC will not provide any personal information to its
sponsors.
DOC takes reasonable steps to protect personal information held
from misuse and loss and from unauthorised access, modification or
disclosure, for example by use of physical security and restricted
access to electronic records.
Where DOC no longer requires personal information for a
permitted purpose under the NPPs, it will take reasonable steps to
destroy it.
DOC endeavours to ensure that the personal information
it holds is accurate, complete and up-to-date. DOC
encourages members to contact it in order to update any personal
information they hold about members.
Members have the ability to seek access to their personal
information
Subject to the exceptions set out in the Privacy Act, you may seek
access to the personal information which DOC holds about you by
contacting a DOC Privacy Officer.
DOC will require you to verify your identity and to specify what
information you require. A fee may be charged for providing
access.
4. Updates to this Policy
This Policy will be reviewed from time to time to take account
of new laws and technology, changes to our operations and practices
and the changing business environment. The most current
version of this Policy is located at the Website.
5. Contacting DOC
If you wish to contact DOC you may attend in person or write to
the following address:
Days of Change Foundation
Level 3, 110 William Street
Perth WA 6000
Browser terms and
conditions of use
This is the Days of Change Foundation ACN 135 470 825 ("Days of
Change Foundation") Browser Terms of Use Agreement
("Agreement").
This Agreement sets out the terms and conditions that govern
non-members who wish to browse www.daysofchange.org
("Website").
Prior to browsing the Website you must agree and accept all of
the terms and conditions contained in this Agreement.
When you browse the Website you confirm your agreement to be
bound by and acknowledge any changes to the Agreement.
No control over content
1.1
The Website acts as an online networking place for social and
environmental sustainability. You agree that Days of Change
Foundation has no control over the quality, accuracy or
authenticity of the content posted by members on the Website.
Days of Change Foundation released
1.2
To the extent permitted by law, Days of Change Foundation
disclaims all liability for any loss or damage, (actual, special,
direct, indirect and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with the Website.
Content copying and Website interference
1.3
Browsers agree that they will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content
(except for their own personal information) from the Website
without the prior written permission of Days of Change
Foundation.
1.4
Browsers agree that they will not use any device, software or
other means to hamper or to interfere with the proper working of
the Website or any transaction being conducted through the
Website.
Limitation of liability
1.5
To the extent permitted by law in no event shall Days of Change
Foundation, Days of Change Foundation's affiliates and related
entities or Days of Change Foundation's suppliers be liable for
lost profits or any special, incidental or consequential damages
arising out of or in connection with the Website, Days of Change
Foundation's services or this Agreement (however arising, including
negligence). Browsers agree to accept sole responsibility for the
legality of their actions under the laws which apply to them.
Browsers agree that Days of Change Foundation and all affiliates
and related entities of Days of Change Foundation have no
responsibility for the legality of the Website members'
actions.
1.6
To the extent permitted by law, and subject to any contrary
requirements arising under any applicable law, Days of Change
Foundation's liability, and the liability of Days of Change
Foundation's related bodies corporate, affiliates or suppliers, to
Browsers or any third parties in any circumstance is limited to
AUD$1,000.
Indemnity
1.7
All Browsers agree to indemnify and hold Days of Change
Foundation and Days of Change Foundation's related entities,
affiliates, and their respective officers, directors, agents, and
employees, harmless from and against any and all claims, demands,
proceedings, losses and damages (actual, special and consequential)
of every kind and nature, known and unknown, including reasonable
legal fees, made by any third party due to or arising out of a
Browser's breach of this Agreement or a Browser's violation of any
law or the rights of a third party.
Amendments to Agreement
1.8
Days of Change Foundation may amend the terms and conditions of
this Agreement from time to time. Except as otherwise stated, all
amended terms will automatically be effective 30 days after they
are notified on the Website. If a Browser does not agree with such
changes to this Agreement (or any of Days of Change Foundation's
Policies), then they must cease browsing the Website. If, a Browser
continues to be a browser of the Website, then they will be
considered to have accepted the varied terms as part of the
Agreement.
No agency
1.9
This Agreement does not create any agency, partnership, joint
venture, employee-employer, franchisor-franchisee or other similar
relationship.
Notices
1.10
Unless otherwise stated, any notices must be given by registered
ordinary post (or if posted to or from a place outside Australia,
by registered airmail) to Days of Change Foundation, Level 3, 110
William Street, Perth WA 6000.
General
1.11
This Agreement will be governed in all respects by the laws of
the State of Western Australia, Australia and the parties to this
Agreement irrevocably submit to the non-exclusive jurisdiction of
the courts of Western Australia, Australia. The provisions of this
Agreement are severable, and if any provision of this Agreement is
held to be invalid or unenforceable, such provision may be removed
and the remaining provisions will be enforced. This Agreement may
be assigned by Days of Change Foundation to a third party without
Browsers consent in the event of a sale or other transfer of some
or all of the assets of Days of Change Foundation. In the event of
any sale or transfer Browsers will remain bound by the Agreement.
This Agreement sets out the entire understanding and agreement
between Days of Change Foundation's with respect to its subject
matter. Sections 1.2 (Days of Change Foundation Released), 2
(Content copying and Website interference), 3 (Limitation of
liability) and 4 (Indemnity) will survive any termination or
expiration of this Agreement.
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Last updated: 16 April 2010