Website Terms of use

The website and services available at www.gathermycrew.org (the Website) are governed by these Terms of Use.

The Website is operated by Gather My Crew Ltd ABN 21612149201.

In these Terms of Use, ‘us’, ‘we’ and ‘our’ means Gather My Crew Ltd and any related bodies corporate.

The Website includes publicly-accessible content, as well as functionality for individuals to register an account and create personal individual pages(Individual Sites) (the Services).

These Website Terms of Use apply to the Website generally.  The Services Terms below apply to the creation and use of Individual Sites.

Acceptance of Terms of Use

By using the Website, you accept these Website Terms of Use as updated from time to time.  If you do not agree with these Website Terms of Use (including any amendments to these terms) you must immediately cease using the Website.  We may update or amend these Terms of Use from time to time.  You should check this page from time to time to make sure you are aware of any changes.

Third party products and services

We may provide you information about, utilise or purchase in connection with the Services, third party products and services (“third party offers”).  We have not confirmed the currency or accuracy of any information we provide to you about such third party offers.  The providers of these third party offers may have their own terms and conditions of use and your use of third party offers will be governed by and subject to such terms and conditions.

To the extent permitted by law, we are not liable to you for, and you release us and our directors, officers, employees and agents from, any loss, damage, cost or expense you may suffer or incur in connection with any third party offer you elect to receive that is introduced to you via the Website or any Service.

You acknowledge that we may receive fees, commissions or other benefits in connection with third party offers we introduce to you and that we have no obligation to report or account these to you.

Submitted content

You may submit content to us for the purposes of inclusion on publicly- accessible pages of the Website and we may publish such content at our sole discretion.

You should not include any personal information or health information (such as your name) in content you submit to the Website if you do not want it to appear on the Website.

You consent to all content you submit being published on the Website.

We may monitor, moderate or exercise editorial control over any content you submit to be published on the publicly-accessible pages of the Website and we reserve the right to assess or examine the content when it is submitted. We may edit, remove from the publicly-accessible pages of the Website, or elect to not publish content on the Website to remove or limit the personal information and/or health information published or if, in our opinion, that content is or may potentially be:

  • misleading, false or deceptive or otherwise contrary to law or regulations
  • defamatory, discriminatory, abusive, threatening, offensive, obscene or racially vilifying;
  • inappropriate, off topic or vexatious;
  • spam, promotes a product or commercial service, or solicits business; or
  • breaching confidentiality, privacy or third party rights.

By submitting content for us to publish on the publicly-accessible pages of the Website, you grant us a worldwide, royalty-free, perpetual licence to use, reproduce, edit, modify and exploit your content (and the right to sub-license others to do so), in any form or on any medium and for any purpose, including but not limited to:

  • posting your content on our social media pages; and
  • using your content in promotions and marketing.

Use of the Website

You agree to only use the Website in accordance with these Website Terms of Use and applicable laws. You may be held personally liable for any unlawful use of the Website.

Your failure to comply with these Website Terms of Use may result in the suspension or termination of your right to access the restricted sections of the Website, without notice.

If you think any content or material on the Website is inappropriate, inaccurate, out of date, unlawful or infringes your rights, please contact us at support@gathermycrew.org

You are solely responsible for providing (at your cost) all equipment, software and internet access necessary to use the Website and the Services.

Intellectual property rights

We own or have a licence to all of the intellectual property rights in the materials, information and content on this Website, including without limitation the text, graphics, logos, icons, images, video and audio clips, designs, interfaces, and the layout of the Website.

This content is protected by copyright laws in Australia and overseas.

You may access, download and print content from this Website for your own personal or internal business purposes.

You may also reproduce content marked as being owned by Gather My Crew for non-commercial, personal or educational purposes free of charge, provided that reproduced Gather My Crew content:

  • must remain branded Gather My Crew and acknowledgment to Gather My Crew
  • must be made prominently, including a link to www.gathermycrew.org; and
  • must not be reproduced or published in a manner which damages or dilutes the reputation of Gather My Crew or which creates a misleading impression that Gather My Crew is associated with, or a sponsor of, the person reproducing the content; and
  • must not be altered or reproduced in a misleading context.

You must not otherwise publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website (other than user content you upload ed to the Website) without our prior written consent.

Where you upload or provide information to us via the Website, you warrant that you are the owner of the materials you upload (or that you are otherwise authorised by the owner to upload those materials) and you must not upload or otherwise transmit or distribute material which infringes any third party rights.

By submitting content for publication on the publicly-accessible pages of the Website, you grant us a worldwide, royalty-free, perpetual licence to use, and exploit your content (and a right to sub-license others to do so), in any form or on any medium and for any purpose. You also consent to us (and our successors, assigns and licensees) doing or omitting to do anything with content you upload to the Website that, but for this consent, would constitute an infringement of your moral rights (as defined in the Australian Copyright Act 1968 (Cth) and equivalent legislation in other jurisdictions). This includes reproducing, publishing, performing, transmitting, exhibiting, adapting, altering or in any way changing or using the content in any way that we see fit.

We reserve the right to review, edit, move or delete any content or material displayed on or through the publicly-accessible pages of the Website at any time without notice and without liability.

The Website includes trade marks which are protected by law. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.

Availability and content

We use reasonable efforts to make sure that you can access and usthe Website

at all times.  However, despite our efforts, our Website may not be accessible at all times and you may experience interruptions, delays, errors or faults in your use of and access to our Website.  We will not be responsible to you or anyone else if these things occur.

Whilst we endeavour to ensure the accuracy of the information on our Website, we do not guarantee or give any warranty as to the accuracy, currency or completeness of any information or material on the Website.

Your use of the Website is at your own risk and the Website is provided to you “as is” and “as available”.

Security

The transmission of information over the Internet is not completely secure or error free. While we take steps and have reasonable measures in place to secure information provided or processed through the Website, we cannot guarantee the absolute security of information on or processed through the Website.  In particular, emails to or from us and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

Liability

To the extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for any loss, damage or injury(including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) or use of this Website and the Services, or as a consequence of any content, information or services obtained from or through this Website. Nothing in these Website Terms of Use restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth).

If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the fullest extent permitted by law, limited to (where permissible) to, at our election, replacing or resupplying the relevant goods or services or paying the cost of such replacement or resupply.

By submitting content to the Website you agree to indemnify us against all liability we may suffer or incur arising from any claims against us by third parties in connection with the content you submit being displayed on the Website (including that any such content breaches privacy, intellectual property rights or any law).

Linking and framing

The Website may contain links to other sites and may on occasion display content or information from other sites within frames on this Website. We are not responsible or liable for third party content or information, and do not warrant the accuracy, currency or suitability of that information for any purpose.

You may link to our Website provided you do so in a way that accurately indicates that the link is to a Gather My Crew page and is not misleading, derogatory or otherwise offensive.

Use of electronic addresses

We may publish electronic addresses of our employees, officers and partners on this Website for business purposes only. The publication of those electronic addresses does not constitute consent by such employees, officers and partners to receiving unsolicited commercial electronic messages.

Termination or suspension of Website

We have the right to terminate or suspend the operation of the Website (including in part) for any reason without notice and without liability.

We may (without limitation) suspend the Website to conduct maintenance or implement updates and will generally provide prior notice to registered users of the Services, where practicable, when such a suspension will be necessary.

Privacy

Any personal information we collect about you via this Website or otherwise will be dealt with in accordance with our Privacy Policy, available at www.gathermycrew.org/privacy.

We may use cookies to identify your computer on our server and so we can track your use of this Website. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

General

These Website Terms of Use are governed by the laws of Victoria. In the event that we have a legal dispute relating to this Website or these Website Terms and Conditions, you agree that Victorian courts will have jurisdiction.

Although Australian websites may be accessed outside of Australia, we make no representation that the content of the Website complies with the laws of any other country. If you access the Website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on Website content.

Last updated:

1 March 2018