These Terms and Conditions apply to all visitors and users of this site. Linked sites, affiliated services or third-party content or software have their own terms that you must comply with. If you disagree with any of these Terms and Conditions, you must cease the use of the site.
You must only use this site if you are over 18 years old and have the capacity to contract in Australia. Furthermore, in registering a user account with us, you represent and warrant to us that you have the requisite authority from your organisation to do so and your organisation is legally bound by these Terms and Conditions by your actions.
When you create an account with us, you must always provide us with accurate information. While the site has functionality to enable you to correct any information you submit as required, your failure to use this functionality to provide timely and accurate information to us will violate these Terms and Conditions, which may result in the immediate suspension of your account. While appropriate access, login and security protocols in line with State policy and standards have been implemented for this site for your protection, you are ultimately responsible for protecting your own login and password you use for accessing this site and for any activities done under that login and password. Any known or suspected unauthorised use of your password or account must be immediately reported to us and you must use best efforts to stop such breaches. In some cases, we or our agents may require access to your user accounts to respond to technical issues. It is also your responsibility to check whether these Terms and Conditions have been updated or revised on this site regularly.
What are prohibited uses?
You must understand and agree not to conduct any of the following prohibited uses, without limitation:
- you are prohibited from advertising or offering to sell or buy any goods and services when using the site; or
- you cannot make available, upload, transmit or otherwise distribute by any means any materials, files, or content that contains software viruses, bugs, corrupt data, “trojan horses”, “worms” or any programs designed to (i) change or destroy the functionality of our IT systems or (ii) otherwise interfere with, affect, inhibit or disrupt access to or use of the site or our IT systems; or
- you cannot harvest, collect or store personal information about other users of the site such as email addresses or contact information for
- any purposes whatsoever including without limitation sending spam or other unsolicited emails or materials for marketing or publicity purposes; or
- you cannot impersonate any person or entity or otherwise falsify the authorship or ownership of, or remove any content or information from, the site; or
- you cannot violate any applicable law and any person’s intellectual property rights including without limitation copyright, trademark, patents, moral rights, rights to protect confidential information and other similar rights throughout the world; or
- you cannot obtain or attempt to obtain unauthorised access to the site or other user accounts; or
- you cannot develop any third-party applications that interact with the site without our prior written consent; or
- you cannot use the site in breach of any of these Terms and Conditions; or
- you cannot attempt any of the above acts, encourage or permit any person to do any of the above acts.
Can your account be suspended or terminated?
We may terminate or suspend access to the site and/or your account immediately, without prior notice, if you breach any of these Terms and Conditions or if we suspect or have evidence that your use of the site compromises the security of our IT systems. We may thereupon immediately deactivate your account and deny you access to all the related files and information in your account. After your account has been terminated, the content you have posted may also remain indefinitely on the site.
If you want to terminate your own account, please send an email to firstname.lastname@example.org.
Notwithstanding the suspension or termination of the account, your organisation must continue to meet their reporting obligations in accordance with law.
Disclaimer of Liability
Except as expressly provided by law, Exchange for Change, its subsidiaries, affiliates, officers, agents, licensors and other partners and any other related parties (as defined under the Corporations Act 2001 (Cth) are not responsible for any loss, liability, claim, or demand, including without limitation:
- legal fees, made by any third party due to or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above;
- business losses (loss of data submitted or downloaded, loss of profits or business interruptions);
- indirect or consequential loss or damage; or
- loss or damage caused by events outside our reasonable control such as software or equipment malfunction, any delay or failure of transmission or the interruption or cessation of your internet access.
What content does EFC own?
This website contains the copyrighted material, trademarks, patents, trade secrets and other proprietary information (“Intellectual Property”) of EFC and its suppliers and licensors. EFC owns and retains all proprietary rights in the intellectual property. All intellectual property in the content of this site including without limitation to text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us.
Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, alter, transmit, sell, distribute any of the Intellectual Property on this site.
We are not responsible for your communications or dealings, including payment and delivery of goods or services, with a third party found via our site. Any loss or damage incurred from those communications or dealings are solely between the user and the third party.
Disclaimer and Warranties
Users must agree that you use the site at your own risk subject to the following:
The site shall be complete, accurate, current, uninterrupted or continuous, otherwise free from error or omission, programming bugs or viruses only to the extent we are expressly required to ensure it is so in accordance with the applicable law or the terms of an executed contract which we are bound.
We will use due care and skill to keep the site and your information secure including through updating our systems and procedures to provide security and backup capabilities in accordance with best practice. However, it is still possible that a data transfer could be intercepted by others. We are not responsible for any loss and damage to your computer system or for the loss of data when this occurs. We hereby expressly exclude any liability to you for the interception or hacking of data by unauthorized third parties.
We are obligated to keep the site accessible for users 24 hours a day, seven days a week subject to interruptions due to State-approved scheduled maintenance or caused by other unforeseen factors outside our reasonable control such as IT system malfunction, the delay or failure of transmission or the interruption or cessation of your internet access.