These meanings apply unless the contrary intention appears:
Account means an account on the Rebuild Together Platform.
Listing means the task or skills the administrator of the Account has posted.
Anonymous Information means information which does not enable identification of an individual, such as aggregated, de-identified and anonymous analytics information, and is not Personal Information.
Creating an Account means to create an Account.
Feedback means Your suggestions, comments or any other feedback You leave on the Rebuild Together Platform or on our forums or blogs or otherwise provide to us.
Rebuild Together Content means all information, images, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics and material appearing on the Rebuild Together Platform (including interactive features generated, provided, or otherwise made accessible on or through the Rebuild Together Platform) but excluding Your Material.
Rebuild Together Platform means our Site and Services;
Order Form means Rebuild Together’s then current online or hard copy order form which You must complete and submit to Rebuild Together in order to purchase a subscription to the Rebuild Together Platform.
OSS Terms has the meaning given to that term under clause 12(e).
Personal Information means personal information as defined in the Privacy Act 1988 (Cth).
Service means our marketplace to made available to You through a portal on our Site if You have an Account and includes the software that You access and any other products, services and functionality or features made available or provided to You in connection with our Service.
Site means our website, https://Rebuild Together.com.au/ and/or any other website that we operate (including any sub-domain and Rebuild Together Content) and is intended to provide information about our services and is a portal to access and use the Service.
Use means to use, host, store, access, process, reproduce, modify, display, copy, adapt, translate, distribute, publish, create derivative works and publicly perform.
User means any individual who has supplied user identification and password to access and use the Rebuild Together Platform and has successfully Created an Account.
You has the meaning given to that term under clause 2(a).
Your Material has the meaning given to that term under clause 7(a).
2. Acceptance of Terms
- You acknowledge and agree that:
- You have read and understood and agree to comply with these Terms;
- You are entering into a binding legal agreement with Rebuild Together; and
- Your use and access to the Rebuild Together Platform is subject to these Terms.
In these Terms, “You” refers to you as the individual who Creates an Account and accesses or uses the Rebuild Together Platform, or, if the Rebuild Together Platform is being accessed or used on behalf of an entity, including Your employer, then “You” refers to such entity.
- By accessing or using the Rebuild Together Platform or by Creating an Account You accept these Terms. Don’t access or use the Rebuild Together Platform or Create an Account if You don’t agree!
- If You are accessing or using the Rebuild Together Platform on behalf of an entity (including as an employer) you represent and warrant that You have the authority to agree to these Terms on the entity’s behalf and are legally binding that entity.
- The Rebuild Together Platform is not directed to children and You warrant that You, as an individual, are over 18 years of age.
- We may change these Terms at any time by publishing a new version on our Site or by emailing You a revised version. Your continued use of the Rebuild Together Platform means that You accept any changes to these Terms. Any use of and access to the Rebuild Together Platform is governed by the most recent Terms.
- We may alter, modify, suspend, terminate or restrict Your access to or use of the Rebuild Together Platform (including Rebuild Together Content on the Site, links or any feature) for any reason in our sole discretion, at any time and without prior notice and without any liability to You.
- Subject to You complying with these Terms, we grant You a limited, non-exclusive, worldwide, non-transferable, non-sublicensable right to access and use the Rebuild Together Platform for Your lawful business purposes. Rebuild Together Content may be used solely for the purpose of accessing and using the Rebuild Together Platform as permitted under these Terms.
- Your right to access and use the Rebuild Together Platform is subject to any additional restrictions or limitations set forth in an Order Form, including, but not limited to, the period of any subscription, fees and the number and type or class of Users (with different pricing and functionality depending on the type or class of Users).
- If You are the Administrator or the entity that employs or authorises the Administrator then You must ensure that all Users You invite to Create an Account are aware of these Terms and You must procure and ensure their compliance with these Terms.
- You, as an entity (including as an employer), are responsible and liable for the acts and omissions of the Administrator and all Users You have invited to Create an Account.
5. Prohibited uses
You must not, and must not permit any User or other third party to:
- give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Rebuild Together Platform to any third party;
- use the Rebuild Together Platform in any service bureau arrangement;
- circumvent, disable or otherwise interfere with security-related features of the Rebuild Together Platform or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Rebuild Together Platform;
- reverse engineer, decompile, disassemble, decrypt or attempt to derive the source code to any software in the Rebuild Together Platform;
- copy, modify, translate, patch, improve, alter, change or create any derivative works of the Rebuild Together Platform;
- use any robot, spider, scraper, or other automated means to access or monitor the Rebuild Together Platform;
- take any action that imposes or may impose (at Rebuild Together’s sole discretion) an unreasonable load on any infrastructure supporting the Rebuild Together Platform;
- interfere or attempt to interfere with the integrity or proper working of the Rebuild Together Platform;
- remove, deface, obscure, or alter Rebuild Together’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary notices in or on the Rebuild Together Platform,
- use or display our name, trademarks or logos (including the word “Rebuild Together”) without our prior written consent;
- access or use the Rebuild Together Platform to develop a competing service or tool to the Rebuild Together Platform;
- use the Rebuild Together Platform to send spam or other unsolicited or unauthorised commercial communications;
- access or use the Rebuild Together Platform in an unlawful manner (or to facilitate illegal activity) or to infringe third party rights (including intellectual property rights);
- access or use the Rebuild Together Platform for any harmful or inappropriate purpose or in breach of these Terms or any terms or agreement with any third party; or
- frame or link to the Rebuild Together Platform or Rebuild Together Content without our prior written consent.
6. Your obligations
- comply with all applicable laws (including privacy and export control laws);
- obtain and maintain all necessary licences, consents, and permissions necessary for Rebuild Together, its contractors and agents to perform their obligations under these Terms;
- provide accurate and complete Account and login information and keep Account details (including logon details and passwords) confidential and secure;
- use all reasonable endeavours to prevent any unauthorised access to or use of the Rebuild Together Platform; and
- promptly notify us if You become aware of any unauthorised access or use of the Account or the Rebuild Together Platform or any breach of these Terms.
7. Your Material
- You provide all necessary consents and grant us a royalty-free, worldwide, sublicensable, irrevocable, perpetual, transferable, non-exclusive licence to Use Feedback in any way, form or media and for any other purpose we determine (with or without any right of attribution in our discretion).
- You hereby provide any consents necessary to give effect to these Terms. You also warrant that You have right to grant us the licences described in these Terms and that Your Material and Feedback does not breach these Terms. You unconditionally waive all moral rights (as defined in theCopyright Act 1968 (Cth)) which You may have in respect of Your Material and Feedback.
- We reserve the right to delete or remove any materials on the Rebuild Together Platform at any time, including any Rebuild Together Content, Feedback and Your Materials. Please note that Users You have invited will have access to Your Material. We’re not responsible for what they do with it. Basically, we assume no responsibility or liability to You or any third party for Your Material. You’re solely responsible for Your Material and the consequences of using, uploading, hosting, posting, publishing, disclosing, storing, making available or transmitting Your Material onto the Rebuild Together Platform (including Use by other Users).
- You represent and warrant that Your Material:
- is not profane, offensive, misleading or deceptive, defamatory, obscene (including pornographic, hateful, racially or ethnically offensive material), indecent, threatening or harassing, discriminatory, unlawful or otherwise inappropriate;
- does not contain any virus or disabling code;
- does not infringe or violate the intellectual property, proprietary or privacy, publicity or other rights of any third party; and
- is not unlawful, does not encourage unlawful activity and does not violate any laws, including privacy and export control laws.
- We don’t monitor or moderate content on the Rebuild Together Platform (including Your Materials) and we don’t warrant the accuracy, safety, quality, legitimacy, lawfulness or anything else relating to any third party or User content posted onto the Rebuild Together Platform.
- You are solely responsible and liable for the maintenance and backup of Your Material.
- You represent and warrant that You own or have the necessary rights and permissions to use and authorise us to Use all rights in Your Material as contemplated by the Rebuild Together Platform and these Terms.
- We respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our policies.
8. Our intellectual property rights
- The Rebuild Together Platform and Rebuild Together Content is protected by Australian and international copyright laws and treaties, as well as other intellectual property laws and treaties.
- All intellectual property in the Rebuild Together Platform and Rebuild Together Content is either owned either by us or our licensors. Any unauthorised access or use of the Rebuild Together Platform and Rebuild Together Content may violate our and our licensors’ intellectual property rights.
- We reserve all rights in relation to the Rebuild Together Platform and the Rebuild Together Content.
- Notwithstanding any other provision of these Terms, we may collect, Use and publish Anonymous Information relating to Your access or use of the Rebuild Together Platform, and disclose it to provide, improve and publicize our products and services and for other purposes.
- We own all such Anonymous Information (including all intellectual property rights) collected or otherwise obtained by or on behalf of us under these Terms.
- We may record User’s sessions anonymously for the purpose of improving the Rebuild Together Platform.
- satisfy any applicable law, subpoena or governmental request;
- enforce these Terms (including to investigate a potential breach of these Terms);
- detect, prevent, or otherwise address fraud, security or technical issues;
- respond to Your support requests; and
- protect the rights, property or safety of Rebuild Together, users of the Rebuild Together Platform and the public.
- If You beach these Terms, we may immediately terminate Your right to access and use the Rebuild Together Platform (including Your Material uploaded onto the Rebuild Together Platform) and Rebuild Together Content without prior written notice.
- If we believe, in our sole discretion, that You are in breach of these Terms then we may, without derogating from our right to terminate, suspend Your Account and Your access to and use of the Rebuild Together Platform (including Your Material uploaded onto the Rebuild Together Platform).
- You must immediately cease all access and use of the Rebuild Together Platform and Rebuild Together Content on termination of these Terms (or on the expiry of any subscription period).
- It is Your responsibility to backup and download Your Material that You wish to keep that has been uploaded to the Rebuild Together Platform.
- We don’t accept any liability to You (or anyone else) for:
- suspending or terminating Your Account or Your access to or use of the Rebuild Together Platform (including Your Material uploaded onto the Rebuild Together Platform); or
- deleting Your Material uploaded onto the Rebuild Together Platform, for any reason.
- We reserve the right to terminate Your right to access and use the Rebuild Together Platform for any reason (where we may delete Your Account (and Your Material uploaded onto the Rebuild Together Platform)) on 14-days’ written notice. If we elect to exercise this right to terminate, we’ll email You and recommend that You immediately download any of Your Material that You have uploaded onto the Rebuild Together Platform that You wish to keep.
11. Third party sites
- The Rebuild Together Platform may contain advertisements and links to sites operated by third parties. Those sites are not controlled by us and we are not responsible for their content.
- You use those sites at Your own risk. You release us from all liability arising from or in connection with Your use of those sites. Those sites have their own terms and policies, including security and privacy policies. We encourage You to review those materials before using those sites.
- Links are provided solely for Your convenience. We are not responsible for and will not be liable for the operator of those sites, their policies or processes, content or any goods or services available from those operators.
- Our decision to include a link or advertisement does not necessarily constitute our recommendation or endorsement.
- The Rebuild Together Platform may include open source software that is subject to third party terms and conditions (“OSS Terms”). If there is a conflict between any OSS Terms and these Terms, then the OSS Terms prevail but solely in connection with the related open source software. We make no warranty with respect to any open source software or any other third party products.
12. No warranties
- The Rebuild Together Platform and all Rebuild Together Content is provided on an “AS IS” and “AS AVAILABLE” basis.
- To the maximum extent permitted by law, the Rebuild Together Platform and Rebuild Together Content in provided without warranties of any kind (whether express or implied, including without limitation, implied warranties of merchantability, title, fitness for a particular purpose and non-infringement).
- Without limiting clause 13(b), we don’t represent or warrant:
- any availability, reliability or performance of the Rebuild Together Platform;
- the accuracy or completeness of the Rebuild Together Content or any information, reports or results obtained from the Rebuild Together Platform or that the Rebuild Together Platform and Rebuild Together Content are suitable for Your use or for any intended result;
- that access or use of the Rebuild Together Platform and Rebuild Together Content is uninterrupted or error, omission or defect free or that errors, omission or defects in the Rebuild Together Platform and Rebuild Together Content will be corrected;
- the Rebuild Together Platform is secure and free from viruses or other harmful code or that the Rebuild Together Platform detects or prevents viruses, spam or other harmful code; or
- the availability, back up or storage of Your Materials on or by the Rebuild Together Platform;
- Your reliance on, access and use of the Rebuild Together Platform (including reliance on any outputs or results), Rebuild Together Content and Your Materials uploaded onto the Rebuild Together Platform is all at Your own risk. We aren’t responsible or liable to You or anyone else for any damage caused by any of the foregoing. We’re also not responsible or liable for any consequences that may result from technical problems or errors or faults, including in connection with the Internet or telecommunications or other service providers.
- Applicable law may not allow the exclusion of certain warranties, so to that extent, such exclusions set out in these Terms may not apply. TheCompetition and Consumer Act 2010 (Cth) (and similar legislation in other states and territories), can imply warranties or conditions, or impose obligations on us that we can’t exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Nothing in our Terms excludes, restricts or modifies any of these rights or remedies You may have.
13. Limitation of Liability
- To the extent that our liability for breach of any implied warranty, condition or obligation cannot be excluded by applicable law, our liability will be limited, at our option, to: (a) in the case of services supplied or offered by us: (i) the re-supply of those services; or (ii) the payment of the cost of having those services re-supplied; and (b) in the case of goods supplied or offered by us: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of having the goods replaced; or (iv) the payment of the cost of having the goods repaired.
- Subject to this clause, our maximum aggregate liability for all proven losses, damages and claims arising out of or in connection with our Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the amount(s) paid by You (if any) in respect of those goods or Services provided by us (if any) in the one (1) month immediately prior to the event giving rise to such liability.
- You agree that regardless of any applicable law to the contrary, any claim or cause of action arising of or related to use of the Rebuild Together Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- We, our related bodies corporate, directors, employees, agents and contractors will not be liable to You for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of or damage to data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with Your Material, the Rebuild Together Platform, Rebuild Together Content and all links to or from the Rebuild Together Platform or the goods or services advertised or referred to on the Rebuild Together Platform.
You indemnify us, our related bodies corporate, directors, employees, agents and contractors in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with Your Material, Your breach of these Terms (or breach by Users You have invited) and Your access and use of the Rebuild Together Content and Rebuild Together Platform.
- You must not assign, transfer, charge, subcontract or deal in any other manner with all or any of Your rights or obligations under these Terms without our prior written consent. We may at any time and without restriction assign, transfer, novate, charge, subcontract or deal in any other manner with all or any of our rights or obligations under these Terms.
- You acknowledge and accept that we have the right to use Your name, logo and other trade marks for the purpose of identifying You as a customer of Rebuild Together and User of the Rebuild Together Platform.
- You acknowledge that the Rebuild Together Platform may be subject to applicable export control laws. You will not export, re-export, divert, transfer or disclose any portion of Rebuild Together Platform or any related technical information or materials, directly or indirectly, in violation of any applicable export control law.
- To the extent of any inconsistency or conflict between these Terms and an Order Form, the Order Form prevails.
- Headings are provided for convenience only and have no substantive effect on construction.
- Rebuild Together shall not be liable for any failure to perform it Services or obligations under these Terms due to causes beyond its reasonable control.
- Nothing in these Terms shall be construed to create any employment relationship, partnership, joint venture, and fiduciary or agency relationship. Each party is an independent contractor and has no authority to bind or commit the other. Neither party is deemed to be a joint employer of the other party’s employees and each party will be responsible for any and all claims by its employees.
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of the Terms, which remain in full force and effect.
- No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.
- No rule of construction applies to Rebuild Together’s disadvantage just because we were responsible for the preparation of, or seek to rely on, these Terms.
- These Terms do not confer any rights on any person or entity (other than You and Rebuild Together and, where applicable, successors and permitted assigns).
- These Terms constitutes the entire agreement relating to its subject matter and supersedes all prior understandings, arrangements and agreements as between You and Rebuild Together.
- This clause 16 (General) and clauses 1 (Interpretation) 2 (Acceptance of Terms), 3 (Modifications), 4(d) (Licence), 5 (Prohibited uses), 6 (Your obligations), 7 (Your Material), 8 (Our intellectual property), 9 (Privacy),10 (Termination), 11 (Fees), 12 (Third party sites), 13 (No warranties), 14 (Limitation of Liability), 15 (Indemnity) and clause 17 (Governing Law) as well as any other clauses which are intended to survive termination of these Terms or Your subscription, survive termination of these Terms (and any subscription).
- Governing Law
- These Terms are governed by and construed according to the laws of the State of Victoria and the Commonwealth of Australia.
- You irrevocably agree the courts of State of Victoria and Federal Court of Australia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
Please contact us at Lauren Crystal (firstname.lastname@example.org) if You have questions about the Rebuild Platform Platform or these Terms.
Last updated: 14th January 2019