Rise Above It Terms of Use

1. WELCOME TO RISE ABOVE IT

Rise Above It Ltd ACN 621 754 363 (we, us, our), a registered Australian not-for-profit organisation, owns and operates www.riseaboveit.org.au (the Site) and various other social media sites, pages, groups and forums (collectively, our Services).

 

2. ACCEPTANCE & VARIATION OF TERMS

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.

By clicking an “accept” button, creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.

You agree that these Terms are enforceable in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.

We reserve the right to modify, permanently or temporarily disable, or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, the Privacy Policy, or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.

 

3. ACCEPTABLE USE

You agree that you are only authorised to use our Services for your own personal use and for the following activities:

  • reviewing our promotional and marketing material;
  • participating in our fundraising events and activities;
  • purchasing goods and other merchandise from our Site;
  • making enquiries with our organisation;
  • if applicable, sharing and engaging with other users in accordance with these Terms; and
  • any other purpose which we make known to you.

Your access and use of our Services is subject to these Terms and any other terms and conditions of use that appear on our Services and any click and accept end user licence terms, together with privacy and acceptable use standards.

 

4. NO COMMERCIAL USE

You must not use any part of our Services for any commercial purposes, unless otherwise authorised by us. You must obtain our prior written consent before you make any commercial offer on our Services, whether by solicitation, direct advertising or links.

 

5. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Our Services may allow you to post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information. You may do so freely, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of other content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us and our officers, employees, contractors, agents, and representatives for all claims resulting from content you supply.

We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

 

6. GOODS SOLD BY US

  • Descriptions

While we endeavour to ensure that any descriptions of goods sold by us on our Services are as accurate as possible, we do not warrant that any such descriptions or other content on our Services relating to the sale of goods by us are accurate, complete, reliable, current, or error-free. If any goods offered by us are not as described, our liability is limited to providing you with a refund or, in the case of defective goods, resupplying you with the replacement goods.

  • Pricing

Except where otherwise states, the price displayed for goods sold on our Services represents the full retail price, or estimated in accordance with standard industry practice. We do not charge your credit card until after your order has entered our system to begin the shipping process.

These Terms only cover goods sold by us on our Services and does not include goods sold by us in person directly to you at events where we meet and talk to you and take payment directly, such as from information evenings and seminars.

 

7. COURSES

Our courses cannot be paid for online by you as you must complete a personal assessment by our team to qualify and demonstrate certain capabilities, and agree to different terms and conditions which will be made available to you separately.

All courses must be paid in full a min of 30 days prior to attendance. For such events/courses paid and signed physically by you, there is a 10 day cooling off period for a full refund, however after that date, deposits are non-refundable and payments made are also non-refundable. If we are not able to deliver your course to you for any reason within six (6) months from original course date, then you are entitled to receive a full refund of all monies paid by you to us.

After attending a course, you are eligible for a full refund within 90 days if you do not demonstrate and can prove in a court of law that you have not got the promised outcome as specified on your pre-assessment form and recorded in your original analysis at course intake.

 

8. DELIVERY

Our standard delivery times for goods purchased on our Site are as follows:

  • for physical items:
    • within Australia – 5-10 business days; and
    • outside Australia – 10-20 business days; and
  • for electronic or digital items, 1-3 business days.

For any items which we make available by way of pre-order, we will advise you either on our Site, through our Services, or directly by email, the estimated delivery timeframe. However, any timeframe that we advise you is an estimate only which remains subject to change, and we take no responsibility and assume no liability for any delays.

 

9. NO REFUNDS

To the greatest extent permitted by law:

  • all goods purchased on our Site are non-refundable immediately upon payment by you; and
  • if you initiate a chargeback through your credit card, or other form of payment, and we incur any fees from our financial institutions or services providers, we reserve the right to invoice you for those costs which will be immediately payable by you.

 

10. NO MINORS

Our Services are designed to be accessed and used only by people who are 18 years of age or older. No one under the age of 18 years is permitted to access or use our Services without first obtaining our express written authority.

 

11. SECURITY

You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.

Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.

 

12. NO INTERFERENCE

You agree that you will not:

  • use our Services in any way that could damage our reputation or goodwill or other rights associated with the “Rise Above It” brand;
  • permit any person to access and use our Services other than in accordance with these Terms;
  • disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
  • except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
    • reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
    • decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
  • when accessing and using our Services:
    • attempt to undermine the security or integrity of our computing systems or networks or, where our Services is hosted or operated by a third party, the third party’s computing systems and networks;
    • use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
    • attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services is hosted or stored;
    • transmit, or input into our Services any information, data, files or other material that may damage any other person’s computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
    • remove or modify any program markings or any notice of proprietary rights, including those of any third party;
    • use any automated processes or means to access our Services;
    • use any software or manual repetition that will or is likely to interfere with our Services; or
    • attempt to cause stress or detriment to the proper working of our Services, such as by:
      • acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
      • reloading or refreshing transaction pages more than once every 5 seconds; or
      • requesting any page of our Services more than 1000 times in aggregate in any 24-hour period.

 

13. AVAILABILITY

While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) to property or persons caused by any non-availability.

We reserve the right to restrict of remove access to our Services for the purpose of undertaking maintenance and updating of our Services.

 

14. COPYRIGHT

Except as expressly stated by us, the information contained within our Services, including all coding, text, images, audio recordings, video recordings, digital downloads, data compilations, software and other information and content (Content), and any goods which we supply (unless owned or licensed from a third party), are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).

You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.

 

15. INTELLECTUAL PROPERTY

You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in or related to our Services (including all trade marks), Content hosted or made available on or through our Services, and any goods which we supply (unless owned or licensed from a third party), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any of our IP Rights, or those of any third party, relating to, or in any way connected with, our Services, to you or any other person whatsoever.

You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related our Services and whether created before or after the commencement of these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be).

You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.

You must not without our express written consent:

  • reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose, our Services;
  • frame or utilise framing techniques to enclose any trade mark, logo, or other proprietary information or Content;
  • use any meta tags or any other “hidden text” utilising our name or trade marks.

 

16. PRIVACY

These Terms are subject to our Privacy Policy which is incorporated by reference. By using our Services, you consent to us collecting your personal information. Please read our Privacy Policy so that you are aware of how we collect and use personal information.

If, as a result of these Terms, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:

  • comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
  • comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
  • take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and
  • co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.

 

17. THIRD PARTIES

Our Services may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and we do not endorse any aspect of any Linked Sites. We provide links to Linked Sites for convenience only. You access and use all Linked Sites entirely at your own risk.

If you choose to purchase goods or services from a third party, including from a Linked Site accessed from or through Our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.

 

18. OFF-SITE CONDUCT

It is a direct violation of these Terms for you to engage in an activity using information obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.

 

19. CONFIDENTIALITY

If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at rise@riseaboveit.org.au.

 

20. CONSEQUENCES OF VIOLATION

If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:

  • take any legal action we have available against you;
  • block your use of our Services;
  • delete your account on our Services (if any); and/or
  • disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.

You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

 

21. DISCLAIMER

Our Services are delivered on an “as is” and “as available” basis. In this context, we do not warrant that our Services will be error-free or uninterrupted.

Whilst all due care has been taken in providing our Services or supplying any goods to you, to the greatest extent permitted by law:

  • we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose; and
  • any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.

All due care is taken in ensuring that our Services is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of our Services or any Linked Site.

We undertake to take all due care with any information which you may provide when accessing our Services and to preserve such information in a secure manner in accordance with our Privacy Policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to our Services is entirely at your own risk.

We provide no warranty as to the accuracy or currency of the account information or other information or data uploaded to our Services by any person.

From time to time, we may host third party content on our Services such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.

 

22. LIMITATION OF LIABILITY

You acknowledge and agree that, to the greatest extent permitted by law:

  • you access and use our Services and any system operated by us, and purchase goods from us, at your own risk and expense; and
  • you are solely liable for your own acts, omissions and negligence.

You acknowledge and agree that, to the greatest extent permitted by law, we are not liable for any Loss to property or persons as a result of, whether directly or indirectly:

  • any wilful act, omission or neglect by you;
  • your use, non-use or misuse of our Services, or any goods purchased from us;
  • the use, non-use or misuse of our Services, or any goods purchased from us, by any other person;
  • any infringement of any third party’s IP Rights;
  • your breach of these Terms;
  • the breach of these Terms by any other person; and
  • anything provided or made available by any person through our Services.

To the extent that we are liable under law for any defective goods supplied by us, our liability is limited to re-supplying such goods.

 

23. INDEMNITY AND RELEASE

To the greatest extent permitted by law, you will:

  • at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and representatives from and against; and
  • release us and our respective officers, employees, contractors, agents and representatives from all liability for,

any and all Loss (including legal costs and expenses on a solicitor and own client basis) incurred by any of those indemnified or released (as the case may be) arising from any action, claim, demand, suit, or proceeding by any person against any of those indemnified or released (as the case may be) where such loss arose out of, in connection with, or in respect of:

  • any wilful act, omission or neglect by you;
  • your use, non-use or misuse of our Services, or any goods purchased from us; and
  • your breach of these Terms.

 

24. REPORTING

If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by emailing rise@riseaboveit.org.au. So that we can efficiently deal with your report, please ensure that your report:

  • states the reason for your concern/s; and
  • clearly identifies the content by providing:
    • a description of it; and
    • a hyperlink to the specific page (if applicable).

 

25. NOTICES AND NOTIFICATIONS

We may send or issue notices to you from time to time:

  • through the user interface on our Services;
  • by email.

You may contact us by mail at the following address:

Rise Above It Ltd

PO Box 211

Buderim QLD 4556

You consent to receiving notices by the above means, including for the purposes of the Electronic Transactions (Queensland) Act 2000 (Qld) or any equivalent legislation. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.

 

26. GENERAL

  • Disputes

Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:

  • notify us of the dispute by emailing us at rise@riseaboveit.org.au;
  • provide us with full and complete details of the dispute;
  • providing such supporting information or documents as we reasonably request; and
  • act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.
  • Entire Agreement

These Terms contains the entire agreement between you and us about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is superseded and replaced by these Terms and has no further effect.

  • Jurisdiction

These Terms are governed by the law in force in the State of Queensland, Australia.

Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to these Terms.

Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.

  • Severability

Any provision of these Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which shall remain in full force and effect.

  • Waiver

Any failure to exercise or enforce or a delay in exercising or enforcing or the partial exercise or enforcement of any right, power or remedy provided by law or under these Terms by us will not in any way preclude, or operate as a waiver of, any exercise or enforcement, or further exercise or enforcement of that or any other right, power or remedy provided by law or under these Terms.

Any waiver or consent given by us under these Terms will only be effective and binding on us if it is given or confirmed in writing by us. No waiver of a breach of any term of these Terms will operate as a waiver of another breach of that term or of a breach of any other term of these Terms.

 

27. RULES OF INTERPRETATION

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:

  • the singular includes the plural and vice versa;
  • words of any gender include all genders;
  • alternate grammatical forms of a defined term have a corresponding meaning;
  • a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
  • a reference to a document includes the document as novated, varied, or substituted from time to time;
  • a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
  • a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
  • a reference to two or more persons is to any of them together and each of them individually;
  • a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
  • “including” and similar expressions do not limit the generality of any provision of these Terms;
  • a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and
  • headings and table of contents are for ease of reference only and do not affect interpretation.