1. About the Website
These Terms and Conditions ('Terms') apply to your use of the website and services known as 'FreddyMatch' which can be found at freddymatch.org, freddymatch.org.au, freddymatch.com, freddymatch.com.au, freddybearfoundation.org, freddybearfoundation.org.au (together, the 'Website'), operated by FreddyMatch IP PTY. LTD. (ABN 52 645 062 513) ('FreddyMatch IP', we, us, our'). The Website matches volunteers with organisations (the 'Services'). Please read these Terms carefully. By using, browsing, reading and / or accessing our Website, associated Products or Services, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must cease usage of the Website, or any of our Services, immediately. We reserve the right to review and amend any of these Terms from time to time, by posting an updated version of the Terms on the Website. If these Terms are amended, we may use reasonable endeavours to provide you with notice of the amended Terms. Any updates to these Terms will take immediate effect from the date of their publication and you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the Website and our Services. Before you continue, we recommend that you keep a copy of the Terms for your records and check the Terms regularly for any updates. Capitalised terms used in these Terms are defined in the 'Interpretation' section at the end of this document. YOU SHOULD BE AWARE OF SEVERAL KEY TERMS
2. Subscription to use the Services
3. Prices and Payments
After registering for a Subscription and an Account, you will be provided immediate access to the Services. The Subscription Fee is payable as agreed between you and us either upfront or until the indicated subscription period expires (the 'Subscription Period'). All payments to be made to us in respect of any Subscriptions must be made using PayPal, and you warrant that you have acknowledge and agree to be bound by the applicable PayPal terms and conditions in using their service. If the option is provided to you, payment of the Subscription Fee may also be made by credit card. 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. We reserve the right to vary the price for Subscriptions at any time, by posting revised pricing our Website. The varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
All copyright and other intellectual property rights in the Website (including all trade marks appearing on the Website are owned by us and/or our licensors. If you have a Subscription, we grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of the information available from the Website for your own personal use. You must not (and must not attempt to): (a) except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent; (b) distribute, translate, modify or tamper with, any part of the Website; (c) create derivative works of or from any part of the Website; (d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or (e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
5. Use of the Website
You must provide your own internet access and Device in order to use the Service. You are responsible for all internet access, data download and other network charges from your use of the Service and you acknowledge and agree that we have no responsibility or liability for those charges. You are responsible for the operation and maintenance of your Device and for ensuring the Service is accessible from your Device.
6. Performance of the Website
We will use reasonable endeavours to make the Website available during our normal business hours. However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we does not warrant or guarantee that: (a) you will be able to use the Website at any time; or (b) your use of the Website will be continuous, uninterrupted, secure or error-free. We make no guarantee as to the reliability or performance of the Website. You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if: (a) any network connection difficulties occur; (b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed); (c) you breach any of these Terms; or (d) we decide to terminate your access to those services for any reason. The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it. Subject to the section headed 'Consumer Guarantees' below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
7. Your obligations
You must not use (or attempt to use) the Website: (a) for any unlawful or dishonest activity, or any activity prohibited by these Terms; (b) to access, transmit, publish or communicate material which: i. is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; ii. is xenophobic, racist, abusive, harassing or hateful; iii. is invasive of a person’s privacy or constitutes personal abuse directed at other users; iv. constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation; v. contains a virus or other harmful code; vi. infringes a person's copyright or other rights (including any other intellectual property rights); or vii. contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above; (c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service; (d) to transmit, publish or communicate bulk and/or unsolicited messages; (e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or (f) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party. We may ask you to cease any conduct which we believe is contrary to these Terms, and you must comply with any such request. We may at any time terminate and block your access to the Website or the services provided by the Website for any reason, in our discretion.
8. Refund Policy
The Returns process provided in this section is in addition to any rights you may have under the Australian Consumer Law and other laws. We will only provide you with a refund of the Subscription Fee in the event we are unable to continue to provide the Services or if we decided, at our absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will calculated and determined by us as being a proportional amount of the Subscription Fee that remains unused by you (the 'Refund').
10. Consumer Guarantees
In these Terms, Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time. Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). Where you as a consumer acquire goods or services under these Terms through your use of the Website and those goods or services: (a) are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or (b) are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option: (i) in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied, and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
You acknowledge and agree that your access to, and use of, the Website or the Services is at your own risk. To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void). Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Website, including, without limitation: (a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary losses; and (b) any other losses.
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.
14. 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;
15. 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;
16. Dispute Resolution
16.1 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). 16.2 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. 16.3 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 or remotely as nominated by us. 16.4 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. 16.5 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.
17. 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.
18. Suspension, withdrawal of or changes to the Website
We reserve the right to: (a) suspend your use of, or withdraw, the Website and/or any of its features or components; and (b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components, in each case at any time and for any reason, without notice to you. If requested by us, you must immediately stop using or accessing the Website.
We do not waive a right, power or remedy in connection with these Terms if we fails to exercise or delay in exercising the right, power or remedy. These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.