Terms and Conditions
1 Website Ownership
(a) The site http://www.thongday.com.au ("Website") is owned and operated by Youngcare Ltd ("Youngcare").
(b) If you register to host a Thong Day event, you will be doing so through the site http://www.everdayhero.com.au (“Everyday Hero Website”) which is a separate site owned and operated by Everyday Hero Pty Ltd (“Everyday Hero”). Separate terms and conditions relate to the use of the Everyday Hero Website.
2 Terminology
In these Terms and Conditions, the expressions "we", "us", and "our" are references to Youngcare.
3 Acceptance of Terms and Conditions
(a) Your access to and use of the Website is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the "Terms and Conditions"). Your use of and/or continued access to the Website constitutes your acceptance of the Terms and Conditions.
(b) In addition, if you register to host a Thong Day event you will be asked to confirm your acceptance of the Terms and Conditions in the registration process. (See clause 4 below.)
(c) We may amend the Terms and Conditions at any time by posting the amended Terms and Conditions on the Website. The amended Terms and Conditions will be effective immediately and your continued access/use of the Website after such change constitutes acceptance of the changes by you . For that reason, you should visit this page periodically to review the Terms and Conditions.
4 Registration for Thong Day Event
(a) You are able to set up your own fundraising web page to promote your Thong Day event and raise money online for Youngcare’s Thong Day event by registering your event through a third party service provider, Everyday Hero, through the facilities provided on the Everyday Hero Website.
(b) The Everyday Hero Website is separate and distinct from the Website and not under our control. As such, you may be bound by and required to comply with additional terms and conditions of Everyday Hero in relation to your use of the Everyday Hero Website. You should check Everyday Hero’s terms and conditions.
(c) By registering your Thong Day event through the Everyday Hero Website facility, Everyday Hero is acting as our agent only to the extent that:
(i) it enables you to create your own fundraising web page and raise money for Youncare’s Thong Day event online;
(ii) Everyday Hero facilitates the collection of funds you raise and provides you with receipts,
and does not act as our agent in any other way.
(d) You acknowledge and agree that Everyday Hero may charge you or us commission fees or apply administration fees (e.g. credit card and bank charges) in relation to the services they provide you and/or us. Everyday Hero may also deduct their commission or administration fees from monies raised in connection with your fundraising activities. See Everyday Hero’s terms and conditions on the Everyday Hero Website for more information on those fees.
(e) You must not take any action to circumvent or attempt to circumvent the security and access control provisions of the Website. Examples of actions you must not undertake include any effort to:
(1) access personally identifiable information not intended to be accessed by you;
(2) test the security measures of the Website and/or attempt to identify system vulnerabilities;
(3) impersonate any other user of the Website;
(4) modify, reverse engineer, disassemble, decompile or otherwise attempt to allow others to attempt to discover the underlying computer code for the Website; or
(5) overwhelm or disable the website or interfere with the access and use of the Website by another user.
5 Services
(a) You are permitted to access and use the Website and the Material (as that term is defined in clause 6(a) below) solely for your personal, non-commercial use or for your internal business purposes, subject to your continued compliance with these Terms and Conditions.
(b) We do not warrant that:
(1) usage of the Website, or any of the Material, will be uninterrupted;
(2) the Website or any of the Material, is or will be correct, up to date or error free; or
(3) the Website or any of the equipment associated with the operation or delivery of the Website will be free of computer viruses or other harmful components.
(c) You acknowledge that we expressly prohibit and you agree not to access or use the Website to:
(1) provide any false, misleading or deceptive information, including about your identity;
(2) violate any law or regulation, or cause us to violate any law or regulation;
(3) be abusive, defamatory, discriminatory, hateful, obscene, vulgar, offensive, threatening or otherwise objectionable;
(4) harass, stalk or otherwise subject any other person to unwanted or inappropriate contact or communication;
(5) send unsolicited mail or email, make unsolicited phone calls, send unsolicited faxes or advertise any products or services by making any unsolicited contact with users whose email, telephone, postal or other contact details you have established via or in connection with the Website;
(6) harvest or otherwise collect information about other users of the Website for any purpose other than as expressly authorised by us;
(7) take any action that imposes an unreasonable or disproportionately large burden on the Website’s infrastructure; or
(8) deliberately distribute or execute any computer virus or any other program or code intended to disrupt or disable operations of the Website.
(d) You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system.
6 Intellectual Property Rights
(a) Except for information, images and other content supplied by you, the Website and all software, content (including all text, images, video, graphics and other materials) and trademarks on the Website and in relation to the Thong Day event (“Material”) are the intellectual property rights of us or third parties who have contributed to the Website or the Thong Day event. Without limiting the foregoing, we retain ownership of all rights in the trade mark “Thong Day” and the other “a-Thong” trade marks set out on the Website or otherwise used in relation to the Thong Day event. Nothing on the Website should be construed as granting you or any other person any right to use any Material without the express permission of us or the other owner of the intellectual property rights in such Material, except where you are expressly licensed to do so in accordance with the Website or these Terms and Conditions.
(b) We grant you a licence to:
(1) access and use the Material for non-commercial purposes to raise funds for us in relation to Thong Day; and
(2) download, print or otherwise provide copies of Material for those purposes, provided that the Material is copied in its entirety, including any advertisements, marks and copyright notices.
(c) The terms of this licence replace entirely any implied licence terms that might otherwise apply to the Material. We explicitly prohibit use of the Material in any manner other than as licensed in these Terms and Conditions. Activities you must not engage in include:
(1) copying, modifying, adapting, reselling, redistributing or communicating Material otherwise than in accordance with these Terms and Conditions;
(2) any commercial use of Material, unless such use is authorised in writing by us;
(3) any form of representation, including linking or framing, that could mislead or deceive any person, including misleading or deceiving a person that the Material is from a source other than the Website or that we are associated with or approve another person or their activities;
(4) any use of or access to the Website by any automatic tool, including “spiders”, “crawlers”, “robots” or offline browsing tools without the prior written consent of us; or
(5) any access to or or use of the Website by any means that is contrary to our interests (for example, to facilitate a means of encouraging persons to offer or promote services similar to those on the Website in a way that may reduce our fundraising effectiveness).
(d) When registering for Thong Day, if you select the option to allow Youngcare Ltd to use information, photos, videos or other content you upload to your Thong Day fundraising page (“Your Content”), Youngcare Ltd may:
(1) use, copy, modify, adapt, communicate and sublicense Your Content for the purposes of promotion, publicity, fundraising and recruitment including republishing it in Youngcare Ltd communications both internal and external including websites, brochures, press releases and annual reports; and
(2) make your content available to third parties such as content producers, printers and designers in connection with the production and publication of Your Content and related administrative purposes.
7 Warranties and Limitation of Liability
(a) Other than in relation to any Non-excludable Conditions (as that term is defined in clause 7(b) below), the Website and Material are provided on an "as is" basis without any warranties of any kind.
(b) The Trade Practices Act 1974 (Commonwealth) and similar State and Territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services which can not be excluded, restricted or modified ("Non-excludable Condition"). Other than any Non-excludable Conditions and the express terms of these Terms and Conditions, all terms, conditions and warranties express or implied by law in any way relating to services, information and Material provided, or intended to be provided, through the Website are excluded. If we are liable to you arising from a breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974 (Cth)), we limit our liability to you for that breach, at our option, to any one of replacing, repairing or paying the cost of replacing or repairing, the goods, or supplying again, or paying the cost of supplying again, the services, in respect of which the breach occurred. Other than liability for any Non-excludable Condition, we exclude all liability for any losses and damages whatsoever including any special, direct, indirect or consequential losses or damages resulting from loss of use, data or profits, whether in contract, negligence or other tort, statute or otherwise in connection with access to or use of the Website or the use or performance of information and/or Material contained in it.
(c) In addition, we do not and none of our employees, agents or third party content providers or licensors warrant that:
(1) access to the Website will be uninterrupted;
(2) the Website will operate error-free;
(3) the Website and its servers are free of computer viruses and other harmful data, code, components or other material;
(4) any illegal, harmful or inappropriate use, modification or alteration of the Website will be prevented; or
(5) you will be given notice of such use, modification or alteration.
(d) If your use of the Website or the Material results in the need for servicing or replacing equipment or data, you will be responsible for those costs.
8 Indemnity
(a) We accept no responsibility for your actions or omissions, and you agree by accessing and/or using the Website, to indemnify and hold harmless Youngcare and its employees, officers, agents and contractors from and against all actions, proceedings, suits, claims, demands and costs (on a full indemnity basis) brought or made against us or any of those persons by any person arising from or in consequence of such actions or omissions, and from and against any damage, loss cost or expense suffered or incurred by us as a direct or indirect consequence thereof.
(b) You agree that we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in relation to the Website, including providing any and all information held by us, including your personal or other details, to those authorities and law enforcement agencies.
9 Internet Service Providers
If you are an internet service and/or access provider, which supplies the Material to your subscriber, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by these Terms and Conditions.
10 Thong Day
(a) Any agreement to attend an individual’s/organisation’s Thong Day event to raise funds for Youngcare is an agreement between the attendee and the Thong Day host.
(b) We are not a party to any transaction between the attendee and the Thong Day event host and we exercise no control over the quality, safety or legality of the products/event.
(c) Any purchases from, donations from, or dealings with, a Thong Day host are at the attendee own risk.
(d) Any issues arising from a host’s Thong Day event including and not limited to poorly prepared foodstuffs, food poisoning, food storage and handling and customer satisfaction are beyond the control of Youngcare and we do not accept any liability in relation to such issues.
11 Hyperlinks
(a) The Website contains hyperlinks and other pointers to internet websites operated by third parties including the website operated by Everyday Hero ("Linked Sites"). While all reasonable care is taken to ensure that the operator of a Linked Site shares similar values to those of our own, we are in no way a partner, agent or representative of any operator of a Linked Site except as expressly set out in the Terms and Conditions. Linked Sites are separate and distinct from the Website and not under our control. As such, we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (including any goods or services offered or supplied through such a Linked Site). By accessing a Linked Site, you may also be bound by separate terms and conditions than the terms and conditions relating to the Website.
(b) You acknowledge and agree that the operator of a Linked Site may charge you or us commission fees or apply administration fees in relation to the services they provide you and/or us. The operator of a Linked Site may also deduct their commission or administration fees from monies raised in connection with your fundraising activities.
(c) The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site may be subject to change without notice by the operator of that website. We are not liable for the prices or price changes, including where price changes have not been reflected on the relevant site.
(d) Any purchases or dealings you have with a Linked Site are done at your own risk. We are not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site which are in addition to the Terms and Conditions of this Website.
12 Advertisements
The Website may contain embedded hyperlinks or referral buttons to websites operated by third parties (including Sponsors) or their licensees or contractors (Advertisers). Clause 11 also applies to sites operated by Advertisers. Except where we expressly endorse any claim by Advertisers, any claims by Advertisers are not recommendations or endorsements by us.
13 Termination
The Terms and Conditions are effective until terminated by us or you. We may terminate this agreement and your access to the Website at any time without notice. You may terminate this agreement either by notice to us or by ceasing to access or use the Website and Material. In the event of termination for any reason, you are no longer authorised to access the Website. All provisions of the Terms and Conditions that are expressed to or by their nature survive termination, will survive termination.
14 Privacy
Personal information may be collected from the Registration section of the Website and elsewhere. You agree to our Website Privacy Statement, which addresses matters including your content (blogs, photos, etc) and personal information you provide about others http://www.thongday.com.au/privacy_policy.
15 Governing Law
The Terms and Conditions are governed by and construed in accordance with the laws of Queensland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any legal action or proceedings arising out of or in connection with the Terms and Conditions.
16 General
(a) If any provision of the Terms and Conditions is found to be invalid, illegal or unenforceable under the law of any jurisdiction, that will not affect or impair:
(1) the validity, legality or enforceability in that jurisdiction of that provision or other provisions in the Terms and Conditions, to the extent that those provisions or part thereof are not invalid, illegal or unenforceable, whether those provisions are in severable terms or not; or
(2) the validity, legality or enforceability under the law of any other jurisdiction of that or any other provision of the Terms and Conditions.
(b) The Terms and Conditions state all the express terms of the agreement between us and you with respect to the subject matter.
(c) In the Terms and Conditions, the following rules of interpretation apply:
(1) headings and bold type are for convenience only and do not affect the interpretation of the Terms and Conditions;
(2) the singular includes the plural and the plural includes the singular;
(3) a reference to any legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it and includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them; and
(4) specifying anything in these Terms and Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.
