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Terms and Conditions

1. About this Website

(a)               This website is owned and operated by the Plastic Free Foundation Limited (ACN 622 097 527) (Foundation, we, us, our) under the domain name, and is referred to as the Website throughout this document.

(b)               Through the Website, you may view information and resources about the Foundation and its operations, donate to the Plastic Free Foundation and access third party websites.

(c)                These Terms of Use set out the terms and conditions which govern your use of the Website and its Content. By accessing or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy.

2. Information available on the Website

2.1 Content

(a)               The Website provides general information only. Some parts of the Website’s Content may be provided by third parties or other users of the Website.

(b)               We do not warrant the reliability, accuracy, correctness or completeness of any of the Content. Users must rely solely on their own assessments and verification of the Content.

(c)                All Content is provided without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All Content is subject to change without notice.

2.2 Rights to use Content

(a)               All Content is protected by copyright and owned by us or a third party. The compilation of all Content as presented on the Website is owned by us.

(b)               Your use of the Website does not alter the ownership of any intellectual property in the Content.

(c)                You can view the Content solely in order to use the Website in accordance with these Terms of Use.

(d)               Except where necessary for viewing the Content through the Website, using the Services or as permitted under the Copyright Act 1968 (Cth), other applicable laws or these Terms of Use, you must not reproduce, modify, translate, publish, upload to a third party, link to, frame, perform in public, distribute or transmit any of the Content in any form by any process without our specific prior written consent.

2.3 Use of branded materials

The Foundation provides resources on the Website to share the Plastic Free July challenge including posters, badges, social media assets and other branding. These brand materials can be used only to share the Plastic Free July challenge and cannot be used to promote the sale or use of products or services. For further information on permitted use of brand materials, see our brand guidelines.

2.4 Links to other websites (including for donations)

(a)               The Website may contain links or may otherwise direct or connect you to third party websites. For example, the Website may link to third party websites that provide an online payment gateway to allow you to make donations to the Foundation – any donations that you make through those websites are governed by the terms and conditions of those websites.

(b)               We are not responsible for and do not sponsor, endorse, recommend or approve of any information, products or services referred to on such linked websites. When using these other websites, you will be bound by the terms and conditions of those websites.

(c)                This Website on occasion may accept paid sponsorship or collaborations, or other forms of compensation. Where this occurs, the Content will be clearly identified as paid, sponsored or collaborative Content as appropriate. Any paid collaboration will only be entered into with organisations aligned with our values and ethical policy, whose products and services are considered to align with our vision of a world without plastic waste.

(d)               This Website uses affiliate links which means if you click a unique link and choose to make a purchase, we may be compensated a small amount at no extra cost to you. All web pages containing affiliate links will be acknowledged as such on the page.

2.5 Cookies

The Website uses cookies and may access your local storage through HTML Web Storage or other browser-based software. By using the Website, you consent to our use of cookies and other local storage methods in accordance with these Terms of Use and the Privacy Policy.

3. Availability of the Website

(a)               As electronic services are subject to interruption or breakdown, access to the Website is offered on an “as is” and “as available” basis.

(b)               We do not guarantee that access to the Website will function as intended or be uninterrupted.

(c)                We do not represent or warrant that the Content on the Website, or the facilities that make it available, will not cause damage or are free from any computer virus or any other defects or errors.

(d)               We may withdraw the Website at any time and without notice to you. We may limit or restrict the use you make of the Website.

(e)               We may make changes to the Website and any Content at any time, without notice.

4. Your use of the Website

4.1 Carrier charges

You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or other service provider in connection with, or related to your use of the Website.

4.2 System security

We recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software which is specifically designed for any device you use to access the Website. We are not liable to you for any interference with or damage to your computer system, for any data lost or for any equipment or software malfunction that occurs in connection with your use of the Website or a linked website.

4.3 No lifting of Content

You must not use any robot, spider, scraper, data aggregation tool, deep-link or other automatic or manual process to:

(a)               access, monitor, copy or extract any part of the Website or any Content;

(b)               in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content; or

(c)                obtain or attempt to obtain any materials, documents, information or Content through any means other than the methods clearly and intentionally provided for your use on the Website.

4.4 No hacking

(a)               You must not attempt to gain unauthorised access to any part of the Website, or any other systems or networks connected to the Website, or to any of our servers, by hacking, password “mining” or any other illegitimate means.

(b)               You must not probe, scan or test the vulnerability of the Website or any network connected to the Website. You must not breach the security or authentication measures on the Website or any network connected to the Website.

4.5 No interference or overloading

(a)               You must not interfere or attempt to interfere with the proper working of the Website, or any transaction taking place on the Website, or with any other person’s use of the Website.

(b)               You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of our systems or networks, or any systems or networks connected to the Website.

4.6 Your Content

(a)               You are responsible for Your Content. You represent and warrant that Your Content is accurate and does not otherwise violate any part of these Terms of Use and that use of Your Content by us will not violate or infringe any rights of yours or any third party.

(b)               Your Content is non-confidential and non-proprietary. You retain all ownership rights in Your Content, but agree to grant the Foundation a perpetual, royalty-free, non-exclusive and irrevocable licence to use, reproduce, edit and communicate to the public Your Content. This includes storing, copying and making Your Content available to third parties.

4.7 No unlawful use

When you use the Website (including uploading Your Content or making contact with other users of the Website), you must not:

  • in any way breach any applicable law or regulation;
  • infringe the copyright, trademarks or other intellectual property rights of third parties;
  • in any way be abusive, vulgar, obscene, unlawful, fraudulent, threatening, defamatory and/or hateful to any person;
  • violate the privacy or other personal rights of others;
  • have the intention of harming or attempting to harm minors in any way; or
  • knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

The Foundation has the right to remove any of Your Content that, in our opinion, does not comply with these Terms of Use.

4.8 Termination and suspension

We reserve the right to terminate or suspend your access to the Website and block your IP address at any time.

5. Liability and indemnity

5.1 Your rights

We acknowledge that, in some circumstances, you may have rights under the Australian Consumer Law or other laws which cannot be excluded, modified or restricted. Nothing in these Terms of Use (including this clause 5) excludes, modifies or restricts these rights.

5.2 Disclaimer

Subject to clause 5.1, except as expressly set out in these Terms of Use, and to the fullest extent permitted by law:

  • we disclaim all express, implied and statutory warranties with regard to the Website including but not limited to, the implied warranties of quality, merchantability and fitness for a particular purpose; and
  • we and our directors, employees, agents and contractors are not liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Website and any Content, to any material on linked websites, or to your access or use of the Website, however caused, whether under statute, in contract or in tort, including for negligence, or otherwise.

5.3 Our liability

Subject to clauses 5.1 and 5.2, our aggregate liability for loss or damage sustained by you in connection with the Website (whether under statute, in contract or in tort, including for negligence, or otherwise) is limited to resupplying the services to you (by allowing you to access the Website in the manner described in these Terms of Use).

5.4 Indemnity

You indemnify us in respect of any liability, loss, damage, cost or expense suffered or incurred arising from or in connection with your breach of these Terms of Use or your use of the Website.

6. Other terms that apply to you

Our Privacy Policy sets out the terms on which we process any personal information we collect from you, or that you provide to us.

7. Viruses

Although the Foundation makes all reasonable attempts to exclude viruses from the Website, we cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, please take all appropriate safeguards before downloading information from the Website.

8. General

8.1  Changes to these Terms of Use

(a)                These are the current Terms of Use. They replace any other terms of use previously published on the Website.

(b)               We may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. The new Terms of Use will apply to your use of the Website after the date that we post the change on the Website.

(c)                If you do not agree with the change, then you must alter or cease your use of the Website accordingly.

8.2 Jurisdiction

The law applicable to the Website and to disputes arising from or in connection with the Website is the law of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia in respect of any such dispute.

8.3 Enforceability

Where a clause in this Terms of Use is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms of Use.

8.4 Definitions

The meanings of the terms used in these Terms of Use are set out below:

(a)               Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

(b)               Content means all information and data (including data files, written text, computer software, the Plastic Free July name and logos, location data, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of the Website.

(c)                person means any natural person, company, partnership, joint venture, association, corporation or other body corporate.

(d)               Privacy Policy means our privacy policy available at [insert link to Privacy Policy].

(e)               Terms of Use means this document, as updated from time to time.

(f)                 user means a person who accesses or uses the Website and includes other persons jointly participating in using the Website.

(g)               Website means the website under the domain name

(h)               you or your means the person who accepts these Terms of Use, either personally or on behalf of an association or other legal entity and includes, if acceptance is on behalf of an association or other legal entity, the association or other legal entities’ officers, employees, members and agents.

(i)                 Your Content means content that you upload, share, post or transmit to, through or in connection with the Website (for example information, comments or pictures).

Last updated: 23rd of April 2020. 

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