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Terms and Conditions - 4Them

Terms and Conditions of Use of www.4Them.com.au

Welcome to the 4Them Website. 4Them provides this Website as a service to you as either a Student, School or Community Organisation. Your use of this Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please do not use this Website.

Definitions

1. The following definitions shall apply to these Terms:

  1. Community Organisation means a person or entity who has been approved by 4Them to access this Website and undertake Community Placement for Students;
  2. Community Placement means the volunteer placement of a Student with a Community Organisation for the purposes of completing volunteer community work;
  3. School means a school which has entered into a Subscription Agreement with 4Them to allow its Students to access the Website and complete Community Placement;
  4. Student/s means a student of a School which is registered to use the Website and undertake Community Placement;
  5. Subscription Agreement means the agreement between 4Them and a School to facilitate access to the Website for that School’s Students;
  6. Terms means these terms and conditions;
  7. Website means www.4Them.com.au;
  8. you/your means a user of this Website including a Student, School or Community Organisation; and
  9. 4Them means 4Them Pty Ltd A.C.N 649 708 583 of Unit 4, 14 Bannerman Street, Cremorne NSW 2090.

Relationship of parties

2. By using the Website you understand that Community Organisations, Schools and Students are not agents of 4Them and that each of the aforementioned parties are responsible to the other for any Community Placement.

Operation of the Website

3. The Website enables Students to connect with Community Organisations and undertake Community Placement. These volunteer opportunities will be posted electronically on the Website by Community Organisations. The Website may also include other information of a general nature, links to other websites and information, including information from 4Them promotional partners.

4. While 4Them technically operate the Website, 4Them exercise no editorial control over much of the content on the Website, and in most cases the content is provided by other persons, such as Community Organisations, Schools and Students (Third Party Content).

5. The Website only seeks to match Student’s interests in pursuing Community Placement with Community Organisations. It is the responsibility of the Student, School and the Community Organisation to determine whether they wish to pursue the opportunity.

6. Correspondence or dealings between Community Organisations, Schools and Students are solely between those parties. 4Them makes no recommendation in relation to the appropriateness of any Community Placement. 4Them does not contract with Students, Schools or Community Organisations for the purposes of a Community Placement. 4Them is only responsible for the operation of the Website and is not responsible in any way for any legal or other requirements relating to any Community Placement.

7. 4Them does not monitor or exercise editorial control over Third Party Content, however 4Them reserves the right at its discretion to:

  1. access or examine any Third Party Content;
  2. refuse to provide any content provided by Students, Schools or Community Organisations to other parties; and
  3. move, remove or disable access to Third Party Content which 4Them considers, in its absolute discretion, to breach any applicable law or to be otherwise unacceptable to 4Them. 4Them reserves the right to refer any such conduct by Students to their respective Schools.

Obligations of all Website users

8. You must not post any content that:

  1. you do not have the right to post;
  2. is defamatory or in contempt of any legal or other proceedings;
  3. is misleading or deceptive;
  4. incites hatred or discrimination against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  5. denounces religious or political beliefs;
  6. includes religious or political material which is or is likely to be offensive;
  7. is indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety or of a menacing character or is likely to annoy or concern;
  8. infringes any copyright, trademark, patent or other intellectual property right of another person;
  9. contains any unsolicited or unauthorised advertising or promotional material;
  10. contains viruses or similar software or data which is designed to interrupt, destroy or limit the functionality of any computer software or hardware; or
  11. impersonates any person or misrepresents your relationship with any person.

9. You must not misuse the Website. You must not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website.

4Them may report any such breach to the relevant law enforcement authorities and disclose your identity to them.

10. You are responsible for maintaining the confidentiality of the password chosen by (or allocated to) you when you register on the Website and for restricting access to your computer and/or email address to prevent unauthorised access to your account. 4Them reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupts any 4Them services in any way.

11. 4Them reserves the right to delete your account at any time. In this instance your information will not be saved and cannot be retrieved by 4Them.

12. 4Them will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Obligations of Schools

13. Schools must:

  1. supervise (whether in person or remotely) the conduct of their Students on the Website and at any Community Placement; and
  2. maintain an insurance liability policy for an amount of at least $10,000,000 to cover their Students while on Community Placement.

Obligations of Students

14. Students must:

  1. attend and participate in any organised Community Placement punctually and to the best of their ability;
  2. complete the reporting requirements on the Website following a Community Placement;
  3. not without express written permission from their School, accept any reward or gift from a Community Organisation; and
  4. comply with any reasonable policy or directive from the Community Organisation while undertaking the Community Placement.

Obligations of Community Organisations

15. Community Organisations must:

  1. permit Students to attend organised Community Placements;
  2. provide a safe, supportive and constructive environment for Students to undertake Community Placements;
  3. not permit any Student to undertake any activity which presents an unacceptable danger or risk to the Community Organisation or the Student;
  4. fully induct each Student upon commencement of a Community Placement;
  5. assist the School in supervising the Student while on the Community Placement;
  6. provide access to first aid, water, kitchen facilities and bathrooms to Students while on Community Placement;
  7. complete the reporting requirements on the Website following a Community Placement by a Student; and
  8. not cause or allow a Student to operate any plant/machinery or drive any vehicle whilst on a Community Placement.

Intellectual Property Rights

16. You acknowledge that content on the Website is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).

17. Unless you are expressly authorised by law you must not or permit any other person to:

  1. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the content in any way for any public or commercial purpose without the prior written consent of 4Them;
  2. use any content from the Website on any other website or in a networked computer environment for any purpose; or
  3. otherwise infringe the Intellectual Property Rights of any person in using the Website.

18. Nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.

19. In relation to any content posted by you on the Website, but subject to our privacy policy discussed below, you grant 4Them a perpetual, irrevocable, royalty-free licence to use that content for the purposes for which the Website exists.

Third party links

20. In an attempt to provide increased value to you, 4Them may choose various third-party web sites to link to from the Website. However, even if the third party is affiliated with 4Them, 4Them have no control over these linked sites, all of which have separate privacy and data collection practices. 4Them have no responsibility or liability for these independent policies or actions and 4Them are not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.

Privacy

21. In using the Website you may provide 4Them personal information. How 4Them uses this personal information is governed by the 4them privacy policy which is available and can be viewed on the Website.

Use of the Website is at your risk

22. You use the Website at your own risk. You must evaluate, and bear all risks associated with, the use of any Website content, including reliance on the accuracy, completeness or usefulness of that Website content.

23. 4Them endeavours to provide a convenient and functional Website, but it does not guarantee that the Content will be free from error or that the Site or the server that operates it are free of viruses or other harmful components.

24. If your use of the Website results in the need for servicing or replacing property, material, equipment or data, 4Them will not be responsible for such costs.

25. Without limiting the above provisions, you use the Website at your risk and everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, 4Them expressly disclaim and exclude any representation or warranty whether express or implied under or in relation to your use of the Website. Where such a condition cannot be excluded then, to the extent permitted by law, 4Them’s liability is limited, at its option, to re-supply of the good or service to which the condition relates or the payment of the cost of such a re-supply.

Limitation of liability

26. To the extent permitted by law 4Them has no liability to you, whether for breach of these Terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms, the Website or its content.

27. To the extent permitted by law no party involved in creating, producing, or delivering the Website or any content will be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Website and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not 4Them know of the possibility of such damage.

Indemnity

28. You agree to defend, indemnify, and hold harmless 4Them, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Website or breach of these Terms.

General provisions

29. 4Them will give you any necessary notices by posting them on the Website. You agree:

  1. to check the Website for notices; and
  2. that you will be considered to have received a notice when it is made available to you by posting on the Website.

30. You acknowledge that 4Them may, in its sole discretion and with or without notice;

  1. vary the Website or any part of the Website; and
  2. modify or discontinue the Website, any part of the Website and the services available on it without notice.

31. Clauses 16-19, 26-28 and 31-37 of these Terms will survive cancellation of your account or Termination of these Terms.

32. If any provision of these Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

33. These Terms and any contract to which they apply shall be governed by the laws of New South Wales and, where applicable, the laws of the Commonwealth of Australia and the Customer submits to the jurisdiction of the Courts of New South Wales.

34. These Terms (together with any applicable Subscription Agreement) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and 4Them.

35. You agree that 4Them may review these Terms at any time. If, following any such review, there is to be any change to these Terms, then that change will take effect from the date on which 4Them notifies you of such change.

36. No party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, or storm.

37. A failure by a party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall that party’s right to subsequently enforce that provision.