These Terms and Conditions apply to your use of the 'www.paperplain.co' website and platform (Platform).
By using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Platform.
We may amend these Terms and Conditions from time to time, without providing notice to you, by posting an updated version of the Terms and Conditions online at www.paperplain.co. You should regularly check these Terms and Conditions for any amendments. If these Terms and Conditions are amended, you must comply with the updated Terms and Conditions. If you do not agree to the updated Terms and Conditions, you must immediately cease using the Platform.
Capitalised terms used in these Terms and Conditions are defined in the 'Interpretation' section at the end of these Terms and Conditions.
All copyright and other intellectual property rights in the Platform (including all trade marks appearing on the Platform) are owned by us and/or our licensors.
If you have your own validly issued (or validly registered) login details and password which may be used to access the Platform, we grant you a revocable, non-transferable, non-exclusive licence to use the Platform on your Device for your own purposes, and to download and print out a copy of the information available from the Platform 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 Platform without our written consent;
(b) distribute, translate, modify or tamper with, any part of the Platform;
(c) create derivative works of or from any part of the Platform;
(d) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms and Conditions; or
(e) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
Use of the Platform
You must be 18 years or older to access and use the Platform. If you are not 18 years or older, you must not use the Platform.
You must provide your own internet access and Device in order to use the Platform. You are responsible for all internet access, data downloads and other network charges arising from your use of the Platform 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 Platform is accessible from your Device.
You must use login details and a password to access the Platform. You must obtain (or register) those login details and password as required by us and use them in the manner we direct from time to time in order to access the Platform. We may decline to provide you login details or a password or to permit you to register login details or a password for the Platform in our sole discretion.
You must keep your login details and password for the Platform confidential, and not disclose them to any person, or authorise or permit any other person to use the Platform using your login details or password. If you breach your obligations under this paragraph and another person uses your login details or password for the Platform, you are responsible and liable for the use that person makes of the Platform with your login details or password, as if that use of the Platform was by you.
You must promptly notify us by email to email@example.com if you have reason to believe that another person is aware of your password for the Platform.
We are under no obligation to monitor any transmissions made on, or content submitted or (where applicable) published using, the Platform. However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.
Performance of the Platform
We will use reasonable endeavours to generally make the Platform available during our normal business hours. However, the availability of the Platform depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee:
(a) that you will be able to use the Platform at any time; or
(b) that your use of the Platform will be continuous, uninterrupted, secure or error-free.
You acknowledge and agree that the Platform may not be available for use from time to time, and that you may be disconnected from your use of the Platform 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 and Conditions; or
(d) we decide to terminate your access to those services for any reason.
We make no guarantee as to the reliability or other performance of the Platform. The performance of the Platform depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the systems which support the Platform.
The information available through the Platform 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 Platform 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 Platform is current, complete and accurate before using it. We are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.
Additionally, you acknowledge and agree that the information available through the Platform is general in nature and is intended only to provide means by which users can collaborate to create initiatives and events, fostering deeper community engagement and development (Purpose). The content is user-driven and we do not make any guarantees as to the quality, currency or accuracy of any information whatsoever on the Platform. Further, you must not rely on the information available through the Platform.
You must not use (or attempt to use) the Platform:
(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms and Conditions;
(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 commercial advertising, the promotion of gambling or the promotion of your own site;
(v) contains any virus, worm, trojan or any other harmful or malicious code;
(vi) infringes a person's copyright or other rights (including 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 Platform; or
(f) in any way that may cause us, our suppliers or other users of the Platform to incur liability to a third party.
We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms and Conditions and you must immediately comply with any such request. We may immediately terminate and block your access to the Platform or the services provided by the Platform for any reason, in our sole discretion.
The Platform uses the internet to provide services and information. By using the Platform, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.
We do not warrant or guarantee the security of the Platform. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
You acknowledge and agree that your access to, and any use of, the Platform is at your own risk.
To the extent permitted by law, we exclude from these Terms and Conditions 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.
We exclude all responsibility and liability arising from or in connection with your use of the Platform, 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.
If you access any Confidential Information using the Platform, you must:
(a) keep such Confidential Information confidential; and
(b) use such Confidential Information only in accordance with the Terms and Conditions.
The obligations in paragraphs (a) and (b) above will continue to apply even if your access to the Platform is disabled, terminated, suspended or withdrawn.
If you use the Platform, the information that we may collect and store includes, without limitation:
(a) the type of operating system and/or other software or firmware used by your Device;
(b) the data you send and receive using the Platform, and the type and quantity of that data;
(c) the dates on which and times at which you use the Platform; and
(d) the IP and MAC address of your Device.
You represent and warrant to us that the Personal Information you provide to us is complete and accurate.
Third party links
The Platform may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
Suspension, withdrawal of or changes to the Platform
We reserve the right to:
(a) suspend your use of, or withdraw, the Platform and/or any of its features or components; and
(b) add to, amend, remove, or disable access to, any part of the Platform, in each case at any time and for any reason, without notice to you.
If requested by us, you must immediately:
(a) cease use of the Platform; and/or
(b) destroy, expunge, disable or restrict access to any information from the Platform that you have printed or downloaded, and any information derived or generated from that information.
We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.
These Terms and Conditions are governed by the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.
In these Terms and Conditions:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
(b) Confidential Information means:
(i) the information obtained through the Platform; and
(ii) any Personal Information of any user of the Platform,
except for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms and Conditions;
(c) Device means your own internet-enabled device that is compatible with the Platform and has a current and working internet connection;
(d) Loss means any liability, loss, damage, cost and expense (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;
(g) Personal Information has the meaning given in the Privacy Act 1988 (Cth);
(h) Terms and Conditions means these terms and conditions of use; and
(i) a reference to "we", "us" or "our" is to Hello Neighbour Pty Limited (ACN 631 304 982) trading as Paper Plain.