Resilient Youth Australia Terms and Conditions of Use
These ‘Terms and Conditions of Use’ (“Terms”) govern Your use of the “Product”.
The Product is owned and operated by: Resilient Youth Australia Pty Ltd (ABN: 19636065711) “Resilient Youth” and these Terms constitute a binding contract between You and Resilient Youth.
These Terms will govern Your use of the Product. If You continue to use the Product, You acknowledge that You have been given the chance to review the Terms. You acknowledge that You understand the Terms and that You agree to be bound by the Terms.
If You do not understand the Terms, if You do not agree to be bound by the Terms, or if You need more time to review and consider the Terms, then You must stop using the Product immediately.
This Terms and Conditions of Use Policy is to be read in conjunction with the Privacy Policy, and compliance with the Privacy Policy is a condition of the use of the Product by You subject to these Terms.
1. DEFINITIONS
“Australian Consumer Law” means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
“Company IP” includes, but is not limited to the contents, layout, design, colours, appearance, graphics and imagery, data and data visualisation, of the Product, Content, Goods and Materials as well as all copyrights, trademarks, trade secrets, patents and other Intellectual Property contained in the Product.
“Content” means any content, writing, images, audiovisual content or other information or visualisation published on the Product.
“Contract” means these terms and conditions.
“Customer Data” means information You create or otherwise own, licensed to the You from third parties or otherwise provided to You and, in each case, that is loaded to or processed or accessed by any Service.
“Data Services” means those Services consisting of hosted data aggregation and analytics and related services including “Output” (see below).
“Dispute” means any dispute, controversy or claim arising out of or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.
“Effective Date” means the date that these Terms come into force.
“Goods” means any or all goods provided by Resilient Youth, including on or through the Product website, or delivered in-person.
“Identifying Information” means information collected from You or volunteered by You when You register use the Product, such as information that You provide during a sign-up process, purchase an item from our website, access Our helpdesk, or at other times while using the Product. This is distinct from “Personal Information”.
“Materials” means any materials, information or documentation that We may provide to You in connection with Your use of the Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Product.
“Output” means the output generated by You from Our Product.
“Parties” means both You (the user of the Product) and Us (the owner of the Product) collectively.
“Personal Information”, which We do not collect, refers to information or an opinion about an identified person or person who is reasonably identifiable, that could otherwise be collected from You when participating in one of Our cohortbased survey Products.
“Product” includes all “Content”, “Data Services”, “Goods”, “Materials”, “Output”,
“Resilient Youth Technology” and “Services” and also includes the website including all pages, all subpages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at https://resilientyouth.org, https://rysurvey.org , https://portal.resilientyouth.org and associated websites.
“Resilient Youth Technology” means all Resilient Youth proprietary software and other technology with respect to the Services including Data Services, all documentation relating to the Services (both printed and electronic), and any derivatives, improvements, enhancements, upgrades and updates.
“Terms” means these terms and conditions.
“Third Party Add-On” means third-party, integrated “add-on” products, services or data subscribed to by Customer pursuant to an Order.
“Us”, “We”, “Our”, “the Company”, “the Owner” or “Resilient Youth” refers to Resilient Youth Australia Pty Ltd and includes any employees, affiliates, agents or other representatives of Resilient Youth Australia Pty Ltd.
“You” or “Your” refers to the user of the Product.
“Your Content” means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
2. INTERPRETATION
a. In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:
i. Words referring to one gender include every other gender.
ii. Words referring to a singular number include the plural, and words referring to a plural include the singular.
iii. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
iv. Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.
v. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
b. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.
3. YOUR AGREEMENT AND REPRESENTATIONS
a. By continuing to use the Product You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand the Terms and that You agree to be bound by the Terms.
If You do not understand the Terms or do not agree to be bound by them then you must stop using the Product immediately. We only agree to provide use of the Product to You if You agree to these Terms.
b. By continuing to use the Product You represent and warrant to Us that You have legal capacity to agree to these Terms.
c. By continuing to use the Product You represent and warrant to Us that You have complied with all of these Terms.
d. By continuing to use the Product You warrant and acknowledge that Resilient Youth owns all data collected by and through the Product.
4. LICENSE TO USE PRODUCT, CONTENT, DATA SERVICES AND MATERIALS
a. We may provide You with certain other Content, Goods and Materials in connection with Your use of the Product.
b. Subject to these Terms, We may provide You specific Data Services which include, at a minimum, access, via the Internet, to Our proprietary hosted data platform software application.
c. Subject to these Terms, We grant You a license to use the Product solely in connection with Your use of the Product. The license created under these Terms is non-exclusive, limited, non-transferable, worldwide and revocable.
d. You may not use the Product for any purpose other than in accordance with the license that is provided under this Section 4, and this license to use the Product terminates upon Your cessation of use of the Product or upon termination of this Contract.
5. SALE OF GOODS/SERVICES
a. We may sell Goods or may allow third parties to sell Goods. If this occurs, then some specific exclusions of liability will apply, as described in Section 6, ‘Exclusion of Liability’.
b. Please refer to Our additional terms and conditions for sale of Goods as applicable, including Sections 7 ‘Delivery’ and 8 ‘Returns/Refunds/Repairs’.
6. EXCLUSION OF LIABILITY
a. The Product provided may change at any time without prior notice.
b. You accept and acknowledge that the Product may contain mistakes, errors and inaccuracies.
c. Your use of the Product is entirely at Your risk. It is Your responsibility to make sure that any Content, Data Services, Goods, Materials, Output, Resilient Youth Technology and Services or other information available through the Product suits Your specific context, circumstances or purpose.
d. Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Product.
e. To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
f. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the Product.
g. To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to Your business, or any damages which are incidental to or arise from such loss of data or interruption to business.
h. To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Product.
7. DELIVERY
a. We may arrange delivery of physical Goods by courier or by Australia Post. We process deliveries promptly upon receipt of full payment.
b. Dispatch of physical Goods within Australia may take: 21 days.
c. Dispatch of physical Goods outside of Australia may take: 21 days.
d. Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods.
e. We take no responsibility for Goods that are lost or damaged during delivery.
f. We may choose in Our sole discretion whether or not to replace Goods which are lost or damaged during delivery.
g. Any disputes regarding physical Goods which are lost or damaged during delivery should be directly taken up with the relevant courier company or with Australia Post as applicable.
8. RETURNS/REFUNDS/REPAIRS
a. We handle returns, refunds and repairs in accordance with Our obligations under Australian Consumer Law.
b. If You are seeking a return, refund or repair, You may contact Us using the details at the end of these Terms. In order for your request to be handled promptly, please provide full details about Your valid reason for return, refund or repair.
9. NO PROFESSIONAL ADVICE
a. The information provided through the Product is for information purposes only. It may not address Your specific context, circumstances or purpose. It is not professional advice.
b. You acknowledge and agree that any information provided on, through or by the Product is not professional advice.
c. You acknowledge and agree that Your use of the Product is at Your own risk. We do not assume responsibility or liability for any information provided through the Product.
d. You acknowledge and agree that it is Your responsibility to evaluate all information.
e. You acknowledge and agree that it is Your responsibility whether or not to seek professional advice.
f. You acknowledge and agree that Your use of the Product does not create a fiduciary relationship between Us and You.
10. INDEMNITY
You hereby indemnify Us (which, for the sake of clarity, also includes any of Our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Product. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
11. TERMINATION
a. We may immediately terminate these Terms at any time, with or without cause.
b. We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
c. These Terms terminate automatically if we cease to operate the Product for any reason.
d. If You have registered for an account with Us, You may terminate these Terms at any time by contacting Us and requesting termination.
e. At the termination of these Terms, any provisions which would by their nature be expected to survive termination shall remain in full force and effect, including but not limited to Our exclusions of liability as outlined in Section 6 “Exclusions of Liability”.
12. ACCEPTABLE USE
a. You agree not to use the Product for any unlawful purpose, or any purpose prohibited under this Section. You agree not to use the Product in any way that could damage the Product or Our general business.
b. You further agree not to use the Product:
i. to harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
ii. to violate any Intellectual Property rights of Us or of any third party;
iii. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
iv. to commit any kind of unlawful purpose or fraud;
v. to engage in or create any unlawful gambling, sweepstakes or pyramid schemes;
vi. to publish or distribute any obscene or defamatory material;
vii. to publish or distribute any material that incites violence, hatred or discrimination towards any person, group or community;
viii. to reverse engineer or otherwise attempt to derive source code or other trade secrets from the Product, including but not limited to Data Services, Resilient Youth Technology, Third-Party Add-Ons or Materials;
ix. to use the Data Services in a way that could harm Our network or System or impair a third party’s use of Our Data Services (including by transmitting by or uploading to the System any viruses, worms, Trojan horses or other malicious code);
x. to use the Data Services to try to gain unauthorized access to any service, data, account or network by any means;
xi. to unlawfully gather information about others.
c. Unauthorised use by You of the Product may be a criminal offence and may give rise to a claim for damages.
13. VARIATION OF TERMS
a. You hereby acknowledge and agree that these Terms may be varied or amended from time to time at Our sole discretion. If You continue to use the Product following any variation or amendment You will be deemed to have confirmed and agreed to the new Terms as varied or amended.
b. You agree to routinely monitor these Terms and to refer to the Effective Date posted at the bottom of these Terms in order to monitor any modifications or variations. You further agree to clear Your cache when doing so in order to avoid accessing a prior version of these Terms.
c. In the event that You fail to monitor any modifications to or variations of these Terms, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified or varied Terms.
14. CHANGES TO PRODUCT
a. You acknowledge and agree that We may, in Our sole discretion, update, vary, alter, amend, change or update the Product at any time.
b. You acknowledge, agree and accept that the Product may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
c. You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Product being temporarily unavailable, whether due to reasons within our control or not.
15. INTELLECTUAL PROPERTY
a. The Product contains Company IP that is owned by Us and/or that is licensed to Us.
b. You hereby acknowledge and agree that, as between Us and You, We own all rights to Intellectual Property and that nothing in these Terms amounts to a transfer of any Intellectual Property rights from Us to You.
c. You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
d. You hereby acknowledge and agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs) without express written permission from Us.
e. All of the provisions in relation to “Company IP” or “Intellectual Property” shall survive any termination of these Terms.
16. USER REGISTRATION
a. You may be asked to register with Us in order to use or access the Product.
b. If You register with Us, You may be asked to provide personal details such as Your name and email address, as well as choosing a user name and a password ("Identifying Information"). This Identifying Information will allow You to access the Product.
c. You acknowledge that You are responsible for ensuring the accuracy of any Identifying Information You provide as part of the registration process.
d. You agree that You will not share Your Identifying Information with any third party and if You discover that Your Identifying Information has been compromised, You agree to notify Us immediately in writing.
e. You acknowledge that You are responsible for maintaining the safety and security of Your Identifying Information as well as keeping Us informed of any changes to Your Identifying Information.
f. You acknowledge that providing false or misleading information or using the Product to further fraud or unlawful activity is grounds for immediate termination of these Terms.
17. PRIVACY
a. Through Your use of the Product, You may provide Us with some of Your Identifying Information. By using the Product, You authorise Us to use Your information in Australia and any other country where We operate.
b. We take Our privacy obligations very seriously. Please refer to Our Privacy Policy for further information about what information We collect, how We use it and store it, and Your rights in relation to it.
18. REVERSE ENGINEERING AND SECURITY
You agree not to:
a. reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Product; and
b. violate the security of the Product through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
19. SPAM POLICY
You are prohibited from using the Product for the purpose of gathering email addresses and/or Identifying Information from people, companies or other organisations and/or for sending bulk emails or unsolicited emails.
20. GENERAL PROVISIONS
a. Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law, which is contained in the Competition and Consumer Act 2010 (Cth), and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by Us. Our liability to you is governed solely by these Terms and the Australian Consumer Law.
b. Applicable law: Your use of the Product is subject to the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria, Australia.
c. Written communication: In relation to any correspondence or notification which is required under these Terms to be provided in writing from one party to the other party:
i. such notice is properly given if given to the other party:
A. by email to an email address that the other party has nominated, acknowledged or used in connection with the use of the Product.
B. by post to a postal address the other party has nominated, acknowledged or used in connection with the use of the Product.
ii. such notice is taken to be received:
A. if sent by email, when the email becomes capable of being retrieved by the recipient at the relevant email address.
B. if sent by prepaid post within Australia, fourteen (14) days after the date of posting.
C. if sent by prepaid post to or from an address outside Australia, twenty-eight (28) days after the date of posting.
D. No assignment: You must not assign, sub-license or otherwise deal in any way with Your rights under these Terms without Our prior written consent.
E. Severability: If any Section or clause or sub-clause of these Terms is held to be invalid or unenforceable, it is to be read down or severed such that the remaining Sections, clauses and sub-clauses will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms shall continue in full force and effect.
F. No waiver: In the event that We fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any Section or clause or sub-clause of these Terms will not constitute a waiver of any other Section, clause or sub-clause.
G. Separate agreements: You may have other legal agreements with Us. Those other legal agreements are separate from and are in addition to these Terms. These Terms do not alter, amend, revise or replace the terms of any other legal agreements You may have with Us.
H. Limitations on Liability. In no event will Our maximum liability arising out of or in connection with the Agreement or its subject matter exceed an amount of AUD$100.00.
I. Force Majeure. Neither party will be liable for any loss or delay (including failure to maintain any given service level) resulting from any event beyond the affected party’s reasonable control, including, fire, natural disaster, labour stoppage, internet service provider failures or delays, terrorism, pandemic, civil unrest, war or military hostilities, criminal acts of third parties, national or regional emergency, passage of law or any action taken by a governmental or public authority or national or regional shortage of adequate power or telecommunications, and any payment date or delivery of service date will be extended to the extent of any delay resulting from any force majeure event.
21. CONTACT US
You can contact Us about these Terms using the following details:
i. By Mail:
Resilient Youth Australia Pty Ltd
1/253 Hampton St
Hampton 3188
Victoria Australia
ii. By Email:
helpdesk@resilientyouth.org
Effective Date: 21/9/2020