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HOPE FOUNDATION TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING TO ACCEPT, OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. You consent to accept these terms of use should you accept them on behalf of an entity. You also confirm that HOPE Foundation has authorised you to be bound by these Terms of Use incorporated by reference.

Scope

These are HOPE Foundation, referred to as “HOPE”, “we” or “us” in this document, Terms of Use. HOPE is a Not-For-Profit (NFP), tax-exempt, Non-Government Organisation (NGO), Private Foundation with registered address in Victoria, Australia. These Terms allow you to access and use of our website at www.hopeaustralia.com.au, our online services, our Android and iOS mobile apps and other related services utilising some or all of the above referred to in these Terms, collectively, as our “Services.”

Eligibility and Agreement

These Terms apply, should you choose to use our services. If you decline to enter into agreement with HOPE you are not liable to comply with these Terms, consequently you are not eligible to use our services.

Our Privacy Policy

Our Privacy Policy describes how we collect, use, and share your personal information.

Changes to These Terms

These Terms and conditions are subject to change periodically. You will be notified of any changes made by posting the updated Terms on our website. Any amendment of Terms and Condition become effective and applicable 14 days after the amendment is posted. Changes addressing new functions of HOPE Services or changes made for legal reasons are effective immediately. Your use of the Services following the effective date of such changes constitutes your acceptance of such changes. You must discontinue using our services if you do not agree to any amended Terms.

HOPE Paid Services

HOPE provides premium services at CBD.org.au and affiliated websites, for which a fee is charged. The fees described below apply to the following services:
  • CBD.org.au

CBD is an Australian Business & Community Development initiative of the Hope Foundation, with a membership fee of AUD$50.00 (fifty) per month for Inaugural Members, and a membership fee of AUD$75.00 (seventy five dollars) per month for general membership.

Ownership of Intellectual Property Rights

HOPE retains all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service. We refer to in these Terms, collectively, as HOPE.

Materials

We hereby grant you a limited, nonexclusive, and non-sub licensable license to access and use the HOPE Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the HOPE Materials, distribution, public performance or public display, modification or making any derivative use of HOPE Materials, or any portion thereof use of the HOPE Materials other than for the intended purposes. The license granted under this Section will automatically end if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding HOPE or any other services provided by HOPE, whether by email, posting through our Services or otherwise, referred to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of HOPE. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.

Authorised Uses of Our Services

You are permitted to use our Services, only as we have authorised. You are responsible for ensuring personal information in your account profile is current and correct, including your email address and mobile phone number. You are also responsible for maintaining adequate security, control and confidentiality of your account information, including any personal identification numbers (PINs), passwords, API keys or other codes associated with your account and any activity occurring within that account. The loss or compromise of this information may result in unauthorised access of your account, which may result in loss or theft of any assets held in your account. If you believe your account has been compromised, report the matter to security immediately the incident of any such operational problems occurs. Please contact us immediately at support@hopeaustralia.com.au describing the issue at hand, as thoroughly as possible, including the date, type of problem and part of the HOPE site or HOPE Services in question of the problem. You are responsible to (i) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the HOPE Services. We have no responsibility for any loss you incur as a result of failing to comply with the instructions outlined in this section or your failure to follow or act on any notices or alerts that we may send to you.

Using SMS/Text

You must provide a valid mobile phone number to be able to use HOPE Services. This number is used as part of the authentication process. You agree to receive SMS/text messages from us as part of using the HOPE Services. Please note that while we do not charge you for SMS/text messages, your mobile standard messaging rates apply. Failure to provide a valid mobile phone number may result in restriction of your use of the HOPE Services. If HOPE suspects that your mobile number is invalid or that you are using a VOIP service to circumvent the requirement in providing a valid mobile phone number, HOPE may suspend or otherwise restrict your use of the HOPE Services.

Accurate Information; Registration Requirements

HOPE reserves the right in its sole discretion not to open accounts, temporarily or permanently suspend accounts, including where required or recommended by applicable governmental, regulatory or law enforcement requirements. HOPE Services are solely used by registered account holders. You agree that the information you provide to HOPE during the account creation and any subsequent identification verification processes is accurate and complete, and will be updated from time to time as need be. You are not authorised to use the HOPE Services, if you are under 18 years of age.

Prohibited Activities

You agree that you will not use HOPE Services to perform any type of illegal activity or take in any action that negatively affects the performances of the HOPE Services. You may not engage in any of the following activities via the Services, nor help a third party in any such activity: (1) attempt to gain unauthorised access to our Services or another user’s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorised in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by HOPE from accessing the HOPE Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. HOPE reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of HOPE Services if any violation of this section occurs.

Trademarks

HOPE and the HOPE logo are our registered trademarks or service marks, for HOPE and our affiliated websites. Any other trademarks mentioned in our website or mobile apps are the property of their respective owners.

No Advice

HOPE does not act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by HOPE is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.

Indemnification

You agree to indemnify, defend and hold our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, violation of these Terms or rights of any other person or entity.

Limitation of Liability

IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS (IF ANY) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL), ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR THE PERFORMANCE OR OPERATION OF OUR SERVICES. IN ADDITION, YOUR ACCESS TO, DISPLAY, USE OF THE SERVICES, OR WITH DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, OR THE ACT OR OMISSION OF ANY BUSINESS USING OUR SERVICES OR OTHER THIRD PARTY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE, OUR LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Severability

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Arbitration and Governing Law

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and HOPE agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and HOPE agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to HOPE shall be sent to support@hopeaustralia.com.au You and HOPE further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Victoria, Australia; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of Common Law. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the rules of Common Law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND HOPE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

Limitations

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Unclaimed Property

Under applicable law, after a specified period of inactivity by you with respect to your HOPE account, HOPE may be required to report and/or remit any assets it is holding in custody for you in accordance with unclaimed property laws.

No Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment; Entire Agreement

HOPE may assign these Terms to its Foundation Council, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, constitute the entire exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.

DISCLAIMER

It is your responsibility to determine, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority, regardless of jurisdiction. HOPE is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction, to you or any taxation, governing or third authority. Any opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary, and does not constitute investment advice. HOPE will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. HOPE does not control the reliability or availability of the Internet. HOPE cannot be responsible for communication failures, distortions or delays via the Internet.

The content on this website is subject to change at any time without notice. HOPE has taken reasonable measures to ensure the accuracy of the information on the website. However, HOPE does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through website.

TIM O’DEA©™ 2017. All Rights Reserved.

Without Prejudice. UCC 1-308.