Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to freddymatch.org, freddymatch.org.au, freddymatch.com, freddymatch.com.au, freddybearfoundation.org, freddybearfoundation.org.au (the 'Website '). The Website matches volunteers with organisations (the 'Services ').
1.2. The Website is operated by FreddyMatch IP PTY. LTD. (ABN 52 645 062 513).
Access to and use of the Website, or any of its associated Products or Services, is provided by FreddyMatch IP. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. FreddyMatch IP reserves the right to review and change any of the Terms by updating this page at its sole discretion. When FreddyMatch IP updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by FreddyMatch IP in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription ') and pay the applicable fee for the selected Subscription (the 'Subscription Fee ').
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account ').
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Telephone number
(d) Age, location, availability, skills, interests, professional experience, bio
3.5. You warrant that any information you give to FreddyMatch IP in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period ').
3.7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with FreddyMatch IP; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify FreddyMatch IP of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of FreddyMatch IP providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of FreddyMatch IP;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by FreddyMatch IP for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) Credit Card Payment ('Credit Card ')
(b) PayPal ('PayPal ')
5.2. All payments made in the course of your use of the Services are made using PayPal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
5.4. You agree and acknowledge that FreddyMatch IP can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund Policy
FreddyMatch IP will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of FreddyMatch IP makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund ').
7. Copyright and Intellectual Property
7.1. The Website, the Services and all of the related products of FreddyMatch IP are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by FreddyMatch IP or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by FreddyMatch IP, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. FreddyMatch IP does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by FreddyMatch IP.
7.3. FreddyMatch IP retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.4. You may not, without the prior written permission of FreddyMatch IP and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) FreddyMatch IP will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of FreddyMatch IP make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of FreddyMatch IP) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of FreddyMatch IP; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
10.1. FreddyMatch IP's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that FreddyMatch IP, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
11.1. The Terms will continue to apply until terminated by either you or by FreddyMatch IP as set out below.
11.2. If you want to terminate the Terms, you may do so by:
(a) providing FreddyMatch IP with 30 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where FreddyMatch IP has made this option available to you. Your notice should be sent, in writing, to FreddyMatch IP via the 'Contact Us' link on our homepage.
11.3. FreddyMatch IP may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) FreddyMatch IP is required to do so by law;
(c) the provision of the Services to you by FreddyMatch IP is, in the opinion of FreddyMatch IP, no longer commercially viable.
11.4. Subject to local applicable laws, FreddyMatch IP reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts FreddyMatch IP's name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify FreddyMatch IP, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
12.2 Warranty As Between FreddyMatch IP And The Volunteer
These terms and conditions form an agreement between FreddyMatch IP PTY. LTD. (ABN 52 645 062 513) (‘FreddyMatch IP’) and the Volunteer. The Volunteer acknowledges that the sole purpose and role of FreddyMatch is to introduce the Volunteer to an Organisation or Organisations with which the Volunteer could potentially volunteer her or his time and/or services. This is the sole role of FreddyMatch and does not give rise to a guarantee or any warranty, representation or recommendation on the part of FreddyMatch IP that a particular Organisation or any Organisation in general will accept a Volunteer as a volunteer for a particular role or at all. FreddyMatch IP makes no warranties, representations or recommendations as to the suitability of the Organisation or the Volunteer for the role which the Volunteer seeks to fulfil. An Organisation may accept the Volunteer’s services for a particular role in the absolute discretion of the Organisation in question and in accordance with its standard operating procedures. FreddyMatch IP makes no warranties or representations that an Organisation will accept a Volunteer for a particular role or at all. In utilising the services provided by FreddyMatch IP, the Volunteer acknowledges that once FreddyMatch IP has made an introduction, FreddyMatch IP has no role in the ongoing relationship between the Organisation and the Volunteer.
To the fullest extent permitted by law, the Volunteer releases and indemnifies FreddyMatch IP and keeps FreddyMatch IP released and indemnified (on a full indemnity basis), in respect of and against any Claim or Costs arising directly or indirectly from any circumstances, for which FreddyMatch IP, its trustees, officers, agents or employees may be or become liable whether directly, or indirectly, in contract, tort, by statute or otherwise, in respect of the involvement of FreddyMatch IP in introducing the Volunteer to the Organisation and the Volunteer’s continued involvement with the Organisation. For the purposes of the above: “Claim” means any requisition, objection, action, claim, legal proceeding (whether before a court or tribunal), demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action and claim for compensation or withholding, however it arises and whether it is present or future, fixed or unascertained, actual or contingent; and “Costs” means any action, claims, demands, losses (including the loss of an entitlement to a tax offset, reduction in taxation or a payment), compensation, injury, damages (including damages for loss of profits and diminution in value), costs or expenses (including legal costs on a full indemnity basis), arising directly or indirectly from any circumstances whether in contract, tort, by statute or otherwise, including those that are prospective or contingent and those the amount of which is not ascertained or ascertainable;
12.3 Warranty As Between FreddyMatch IP And The Organisation
These terms and conditions form an agreement between FreddyMatch IP PTY. LTD. (ABN 52 645 062 513) (FreddyMatch IP) and the Organisation. The Organisation acknowledges that the sole purpose and role of FreddyMatch IP is to introduce the Organisation to a Volunteer who could potentially volunteer her or his time and/or services with the Organisation. This is the sole role of FreddyMatch IP and does not give rise to a guarantee or any warranty, representation or recommendation on the part of FreddyMatch IP that a particular Volunteer or any Volunteer in general will accept a position or role offered by the Organisation. FreddyMatch IP makes no warranties, representations or recommendations as to the suitability of a Volunteer for a role which a Volunteer seeks to fulfil. In utilising the services provided by FreddyMatch IP, the Organisation acknowledges that once FreddyMatch IP has made an introduction, FreddyMatch IP has no role in the ongoing relationship between the Organisation and the Volunteer.
To the fullest extent permitted by law, the Organisation releases and indemnifies FreddyMatch IP and keeps FreddyMatch IP released and indemnified (on a full indemnity basis), in respect of and against any Claim or Costs arising directly or indirectly from any circumstances, for which FreddyMatch IP, its trustees, officers, agents or employees may be or become liable whether directly, or indirectly, in contract, tort, by statute or otherwise, in respect of the involvement of FreddyMatch IP in introducing the Organisation to the Volunteer and the Organisation’s continued involvement with the Volunteer. For the purposes of the above: “Claim” means any requisition, objection, action, claim, legal proceeding (whether before a court or tribunal), demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action and claim for compensation or withholding, however it arises and whether it is present or future, fixed or unascertained, actual or contingent; and “Costs” means any action, claims, demands, losses (including the loss of an entitlement to a tax offset, reduction in taxation or a payment), compensation, injury, damages (including damages for loss of profits and diminution in value), costs or expenses (including legal costs on a full indemnity basis), arising directly or indirectly from any circumstances whether in contract, tort, by statute or otherwise, including those that are prospective or contingent and those the amount of which is not ascertained or ascertainable;
13. Dispute Resolution
13.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13.2. Notice: A party to the Terms claiming a dispute ('Dispute ') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:On receipt of that notice ('Notice ') by that other party, the parties to the Terms ('Parties ') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Gold Coast, Queensland, Australia.
13.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction The Services offered by FreddyMatch IP is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
15. Governing Law The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
1. We respect your privacy
(a) FreddyMatch IP Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is information we hold which is identifiable as being about you.
2. Collection of personal information
(a) FreddyMatch IP Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
(a) FreddyMatch IP Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
(b) FreddyMatch IP Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of FreddyMatch IP Pty Ltd, freddymatch.org, freddymatch.org.au, freddymatch.com, freddymatch.com.au, freddybearfoundation.org, freddybearfoundation.org.au, its customers or third parties.
(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
(a) FreddyMatch IP Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 120 Tallai Road, Tallai, Queensland, 4213. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
(a) When you visit our website
When you come to our website (freddymatch.org, freddymatch.org.au, freddymatch.com, freddymatch.com.au, freddybearfoundation.org, freddybearfoundation.org.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that FreddyMatch IP Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.