Terms of use

These terms of use ("Terms of Use") are a binding contractual agreement between you, an individual user or entity (referred to as "you" or "your") and 1 Million Women Limited ACN 122 248 122, (referred to as "1 Million Women", "we", "us" or "our").

These Terms of Use cover your use of our website, mobile application and other services (collectively, the "Services"). These Terms of Use set out our legal obligations to you and your legal obligations to us.

By using our Services, you agree to comply with these Terms of Use. If you do not agree to these Terms of Use, you must not use the Services. Please check this page each time you use our Services, as we may update these Terms of Use from time to time.

1 APPLICATION OF TERMS OF USE

1.1 1 Million Women

1 Million Women is an online movement that encourages women and girls from every corner of the planet to build a lifestyle revolution to fight the climate crisis. The 1 Million Women Services exists to encourage and support the women of Australia and elsewhere to take practical action on climate change, including by:

writing, viewing or sharing posts;

pledging to undertake various Actions that reduce carbon emissions;

joining networks or groups of like-minded individuals;

donating to our cause;

purchasing items from our online shop;

saving Favourites and pinning posts;

signing petitions and open letters;

1.2 Terms of Use apply to all Users

Each person that uses our Services are collectively referred to as "Users". These Terms of Use apply to all Users of the Services, including if you are using our Services on your own behalf or on behalf of a company, government agency, or any other third party.

We may have other agreements with you (or the company, government agency or other third party you represent) which apply in addition to these Terms of Use. To the extent that there is any inconsistency between these Terms of Use and another agreement between you and us, these Terms of Use will prevail in relation to the Services unless the other agreement expressly states otherwise.

1.3 Our legal relationship with Users

Nothing contained or implied in these Terms of Use means a User is a partner, agent or legal representative of us for any purpose, or creates any partnership, agency or trust. No User has any authority to bind us in any way. Any relationship we have with Users is as a service provider, and you acknowledge that we do not employ you.

1.4 Changes to these Terms of Use

We may change these Terms of Use at any time in our sole discretion. We will notify you of any changes by posting the updated Terms of Use on our website and mobile application.

If you do not agree to the updated Terms of Use, you must stop using the Services. If you continue using the Services after the date on which any updates come into force, you will be deemed to have accepted and agreed to the updated Terms of Use.

2 YOUR RIGHTS AND OBLIGATIONS

2.1 Use of the Services

Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable revocable licence to use the Services and any content, information or related materials that are made available to you through the Services.

2.2 Your account

You may need to register or open an account with us in order to access certain parts of our Services. In this case, you will be required to create a user name and password, or other appropriate log-in details for your account. You are responsible for maintaining the confidentiality of your username and password, and are liable for all activities that are conducted through or under your account.

With respect to your account, you must:

provide accurate, current and complete information for the indicated mandatory fields (including a valid email address);

maintain and update your information to keep it accurate, current and complete;

not under any circumstances share your password with any other User or person;

not allow any other person to access your account; and

immediately change your password and inform us if you suspect or become aware of a breach of security relating to your account.

If you do not comply with the above, we may terminate these Terms of Use and your account in accordance with these Terms of Use.

2.3 Your content

To the extent that our Services includes functionality that allows you to upload content to our website or mobile application ("your content"):

you remain the owner of your content;

you grant us an irrevocable, worldwide, perpetual, non-exclusive licence to use, reproduce and communicate to the public your content for the purposes of operating our Services; and

we may reject or take down your content at any time, including if we think in our discretion that it breaches these Terms of Use or otherwise is not appropriate for inclusion on our Services.

2.4 Acceptable use of Services

You must:

use the Services in accordance with these Terms of Use and any other instructions we give you about how to use the Services;

use the Services in a responsible, reasonable and professional manner;

keep your devices and systems you use to access our Services secure, including through use of appropriate virus-checking and other security software;

if you are using the Services (including uploading content) on behalf of another person, a company, government agency or other organisation, have and continue to have the necessary permission to act on that person, company, government agency, or other organisation's behalf; and

comply with all applicable laws while using the Services.

You must not:

do anything that interferes with or adversely affects the normal operation or integrity of our Services (including the ability of other users to access or use our Services);

use the Services in a way that is unlawful, offensive, obscene, misleading, defamatory, discriminatory, fraudulent or breaches the intellectual property, privacy or other rights of any other person;

intentionally distribute viruses, malicious code or other items of a destructive or deceptive nature;

gain or attempt to gain unauthorised access to the Services, the servers on which our Services are stored, or any server, computer or database connected to the Services;

perform any indexing, scraping or other such data mining of the Services; or

use the Services other than as expressly permitted by these Terms of Use or in a manner authorised by us.

3 OUR RIGHTS AND OBLIGATIONS

3.1 Changes to the Services and availability

We do not guarantee that the Services will be available at all times. We may modify, change, suspend, limit or discontinue any aspect, feature or functionality of or relating to the Services at any time, without notice. We also have the right to interrupt the Services from time to time, as and when we deem appropriate, to perform maintenance relating to the Services.

3.2 Storage of content

We are not required to back-up, store, maintain or provide you with a copy of any content except to the extent required by law and as set out in our Privacy Policy. [https://www.1millionwomen.com.au/privacy-policy/] If your account is cancelled or terminated, we may retain a copy of your content for archival or legal purposes.

3.3 User generated content

We are not responsible or liable for any content that is created by or uploaded via the Services by you or other Users. Specifically, we do not warrant or represent that any content uploaded by Users:

has been verified or approved by us;

is endorsed in any way by us;

is true and correct, and not misleading or deceptive;

is risk-free or safe to follow (e.g. if you choose to follow a recipe or advice on a post, we do not take any responsibility for the outcome of following such recipe or advice);

does not infringe any third party's intellectual property rights; or

does not breach any law or is not offensive, defamatory or otherwise inappropriate.

If you believe any content or information infringes your rights or is otherwise unlawful, please contact us using the details at the end of these Terms of Use.

3.4 Website links

Our Services may contain links to other websites operated by third parties who are not associated with us. These links are provided for your information only. We have no control over those websites or the services made available through them, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may provide a link to the home page of our Services at or on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our request.

3.5 Business analytics and advertising

We may use any information uploaded via the Services or otherwise collected by us in providing the Services for our internal business purposes, including to perform analytics, to develop new features, to conduct maintenance, to determine whether features are useful, and for advertising and marketing.

To the extent that we use information for these purposes, we will use reasonable endeavours to ensure Users cannot be identified and that we comply with our Privacy Policy. [https://www.1millionwomen.com.au/privacy-policy/]

We may share this information with third parties.

4 DISCLAIMER AND LIABILITY

4.1 No warranty or liability

While we will use reasonable care and skill in operating our Services, we cannot promise that our Services will always be available or completely free of faults or errors.

To the maximum extent permitted by law, except as expressly set out in these Terms of Use, we exclude:

all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to our Services; and

any liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with our Services.

To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to our Services, we limit our liability for a breach to the re-supply of the Services.

4.2 Indemnity

You indemnify us, our affiliates, advertisers and partners against all losses, liabilities, damages, costs or expenses (including without limitation reasonable legal fees) we suffer or incur arising out of or in relation to your use of the Services or your content, any breach of these Terms of Use (including the warranties you give us under these Terms of Use), or any wilful misconduct, unlawful or negligent acts you engage in while you access or use the Services.

5 INTELLECTUAL PROPERTY

5.1 No assignment or transfer of intellectual property

Nothing in these Terms of Use results in the transfer or assignment of any intellectual property rights from you to us or from us to you.

5.2 Intellectual property rights in the Services

All intellectual property rights, title and interest in and to the Services (and each portion of the Services), excluding your content that you upload via the Services, are owned by us or our licensors.

We may update and change the materials available on our Services, including by removing materials, at any time in our discretion.

You may download or print sections of our Services if needed for your own personal use, but otherwise you may not reproduce any part of our Services without our express prior consent. To the extent that our Services contains functionality that allows you to access or download specific materials through our Services, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.

5.3 Intellectual property rights in your content

We acknowledge and agree that as between you and us, you (or to the extent that you are using your account on behalf of a company, government agency, or other organisation, then that company, government agency, or other organisation) own all intellectual property rights in your content that you upload via the Services or otherwise provide to us for the purpose of us performing the Services.

You grant us a non-exclusive, perpetual, irrevocable, royalty-free and non-transferable licence to use, reproduce, modify and communicate to the public to all your content you upload or provide to us for the purposes of us operating the Services, or otherwise exercising our rights under these Terms of Use or any other agreement we have with you.

We may sub-license this licence to our affiliates and any third party service providers who assist us in providing the Services, and to other Users who access and use the Services.

5.4 Intellectual property rights in suggestions

From time to time, you may send us feedback, ideas, suggestions, information or concepts relating to the Services or any other matters ("Suggestions"). You acknowledge and agree that:

we may use and disclose Suggestions as we see fit, without payment of a fee;

Suggestions will not be subject to any confidentiality obligations;

the Suggestions automatically become our property without any obligation to you.

6 PRIVACY POLICY

We manage any personal information you provide in accordance with our Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Use. [https://www.1millionwomen.com.au/privacy-policy/]

7 SECURITY AND ACCESS

We take reasonable measures to secure the Services from unauthorised access and to protect the integrity and confidentiality of the transmission, processing and storage of your content. However, any transmission of data over the internet is inherently risky.

You acknowledge and agree that you are responsible for your access to the Services, for the computer or mobile device and associated software that you use to access the Services, and for your transmission of data over the internet.

Without limiting any other term of these Terms of Use, we are not responsible for:

internet, electronic, hardware, software, network or other computer-related failures, malfunctions or errors;

any disruptions, damages, losses, failures or errors that are caused by events or occurrences that are beyond our control; or

typographical, processing, mechanical or human errors.

You are fully responsible for all third party costs associated with accessing the Services, including without limitation all fees charged by your internet service provider.

8 SUSPENSION AND TERMINATION

8.1 Our rights to terminate

We want our Services to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

We may limit, block, suspend or terminate your access to and use of the Services and your account without notice at any time. Reasons we may limit, block, suspend or terminate your access to and use of the Services and your account include (without limitation):

if we suspect that you have breached any term of these Terms of Use or any other policies, agreements or rules that may apply to you; and

if you have otherwise, in our sole discretion, acted in a manner which is inappropriate or misused the Services in any way.

If your access to the Services is terminated you must immediately cease to use the Services and not attempt to access the Services.

8.2 Your rights to terminate

You may terminate your use of the Services at any time be ceasing to use any of the Services and closing your account by contacting us using the details at the end of these Terms of Use or following the instructions displayed on the Services.

8.3 Survival

All rights accrued prior to termination together with clauses 2.3, 3, 4, 5, 6, 7, 8.3 and 9 survive termination of these Terms of Use for any cause.

9 GENERAL

9.1 Governing law

These Terms of Use is governed by and construed in accordance with the laws of New South Wales, Australia. By using the Services you agree that any dispute between us relating to the Services or these Terms of Use will be subject to the jurisdiction of the courts of New South Wales.

9.2 Notices

Any notices required to be given under these Terms of Use can be given by posting on our website, mobile application or by email (provided the email is sent to the last email address notified), and will be taken to be received when the sender receives an automated message confirming delivery, or 4 hours after delivery (whichever happens first).

9.3 Assignment

You may not assign, transfer or sublicense your rights and obligations under these Terms of Use without our written consent. We may assign, transfer or sublicense our rights and obligations under these Terms of Use at any time without your consent.

9.4 Entire agreement

Except as expressly otherwise, these Terms of Use (as amended from time to time as permitted under these Terms of Use) represents the entire agreement between us relating to your use of the Services.

9.5 No waiver

A provision of this document, or right, power or remedy created under it, may not be waived except in writing signed by the party to be bound.

9.6 Severability

If any part of these Terms of Use is void, unenforceable or illegal in a jurisdiction, that part is severed for that jurisdiction. The remainder of these Terms of Use has full force and effect.

10 CONTACT DETAILS

If you have any questions, complaints or concerns about these Terms of Use or the Services, please contact us in any of the following ways:

1 Million Women

20-40 Meagher Street

Chippendale, Sydney, NSW

Australia

Telephone: +61

Email: enquiries@1millionwomen.com.au

Last updated: [21 November 2018]