Terms of use

ClimateThrive platform and website terms of use

Date: 23/07/2021

1. WHO WE ARE AND HOW TO CONTACT US

ClimateThrive is a digital platform comprising a company brand website and a web-application called 'How prepared are you for a bushfire?' that has tailored bushfire education resources for users (FireThrive Platform). The ClimateThrive and FireThrive Platform and the website located at https://www.firethrive.com and https://www.climatethrive.com.au (the Website) (collectively, the Services) are operated by FireThrive Pty Ltd ACN 643 377 280 (we, us or our).

To contact us, please email hello@firethrive.com or telephone our customer service line on 0408 632 982.

2. CONSENT AND CHANGES TO THESE TERMS AND THE WEBSITE

These Terms of Use (Terms) govern your use of the ClimateThrive and FireThrive Platform and the Website. By accessing the Website and/or using the ClimateThrive or FireThrive Platform, you confirm that you accept these Terms and that you agree to comply with them (Agreement).

If you are an individual entering into this Agreement on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity.

We amend these Terms from time to time. Every time you wish to access the ClimateThrive or FireThrive Platform and/or Website, please check the [http://climatethrive.com.au/terms] to ensure you understand the terms that apply at that time. Should you object to these Terms or any subsequent amendment of these Terms, you must immediately discontinue access and use of the ClimateThrive and FireThrive Platform and/or the Website.

These Terms were most recently updated on 23 July 2021.

3. WE MAY SUSPEND OR WITHDRAW THE SERVICES

We do not guarantee, or give any warranties or promises (whether express or implied) that the ClimateThrive and FireThrive Platform and/or the Website, or any content accessed via the ClimateThrive or FireThrive Platform and/or the Website Site, will always be available, uninterrupted or error-free.

We may suspend, withdraw or restrict the availability of all or any part of the ClimateThrive or FireThrive Platform and/or the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

4. ACCOUNT DETAILS

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures in accessing the ClimateThrive or FireThrive Platform you must treat such information as confidential and must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you know your user identification or password, you must promptly change your password.

5. USE OF MATERIAL ON THE PLATFORM AND WEBSITE

Unless otherwise indicated, we are the owner or licensee of all intellectual property rights in the ClimateThrive or FireThrive Platform and the Website, and in the material published on the ClimateThrive or FireThrive Platform and the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We grant you a limited, revocable, nonexclusive license to access the ClimateThrive or FireThrive Platform for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the FireThrive Platform, nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us.

Our status (and that of any identified contributors) as the authors of the content on the ClimateThrive or FireThrive Platform and/or Website must always be acknowledged.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials on, or downloaded from, the ClimateThrive or FireThrive Platform and/or the Website.

Use of the ClimateThrive or FireThrive Platform beyond the scope of authorised access granted to you by us immediately terminates your permission or licence. In order to collect, aggregate, copy, duplicate, display or make derivative use of the ClimateThrive or FireThrive Platform or any content made available via the ClimateThrive or FireThrive Platform and/or the Website for other purposes (including commercial purposes) not stated in these Terms, you must first obtain a written licence from us.

6. PROHIBITED USES

You may use the ClimateThrive or FireThrive Platform and the Website only for lawful purposes and in accordance with these Terms. You agree not to use the ClimateThrive or FireThrive Platform or the Website:

in any way that violates any applicable federal, state, local or international law or regulation;

for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms;

to transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any "junk mail", "chain letter" or "spam" or any other similar solicitation;

to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing); or

to engage in any other conduct that restricts or inhibits anyone's use or enjoyment the ClimateThrive or FireThrive Platform or the Website, or which, as determined by us, may harm us or users of the ClimateThrive or FireThrive Platform or the Website or expose them to liability.

Additionally, you agree not to:

use the ClimateThrive or FireThrive Platform or the Website in any manner that could disable, overburden, damage, or impair the ClimateThrive or FireThrive Platform or the Website or interfere with any other party's use of the ClimateThrive or FireThrive Platform or the Website, including their ability to engage in real time activities through the Site;

use any robot, spider or other automatic device, process or means to access the ClimateThrive or FireThrive Platform or the Website for any purpose, including monitoring or copying any of the material on the ClimateThrive or FireThrive Platform or the Website;

use any manual process to monitor or copy any of the material the ClimateThrive or FireThrive Platform or the Website or for any other unauthorised purpose without our prior written consent;

use any automatic or manual process to reverse engineer or decompile any part of the ClimateThrive or FireThrive Platform or the Website;

introduce any viruses, trojans, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;

attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the ClimateThrive or FireThrive Platform or the Website, the server on which the ClimateThrive or FireThrive Platform or the Website is stored, or any server, computer or database connected to the Website;

attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

otherwise attempt to interfere with the proper working of the ClimateThrive or FireThrive Platform or the Website.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ClimateThrive or FireThrive Platform and the Website will cease immediately.

7. RELIANCE AND RESPONSIBILITY

The ClimateThrive or FireThrive Platform and Website are provided on an “as is” and “as available” basis and we make no representations or warranties (express or implied) regarding the operation or availability of the FireThrive Platform or the Website.

The content obtained from or through the ClimateThrive or FireThrive Platform and Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the ClimateThrive or FireThrive Platform and Website, we make no representations, warranties or guarantees (whether express or implied) that the content obtained from or through the ClimateThrive or FireThrive Platform or the Website is accurate, complete or up-to-date.

Where the ClimateThrive or FireThrive Platform or the Website contain links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

8. CONTENT

Content standards apply to any and all contributions uploaded to the ClimateThrive or FireThrive Platform and/or Website by users (User Contributions). User Contributions must comply with all applicable federal, state, local and international laws and regulations.

You warrant that your User Contributions will not:

contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful or inflammatory;

contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;

be likely to mislead or deceive any person;

promote any illegal activity, or advocate, promote or assist any unlawful act;

impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;

involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or

give the impression that you emanate from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you make use of a feature that allows you to upload content to the ClimateThrive or FireThrive Platform and/or Website, or to make contact with other users, you must comply with these content standards.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.]

While we endeavour to take reasonable care in preparing and maintaining the information on the ClimateThrive or FireThrive Platform [and/or] Website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge that the Content may have technical inaccuracies and typographical errors.

We shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via the ClimateThrive or FireThrive Platform [and/or] Website, for violating the letter or spirit of the Terms or for any other reason.

9. COMPLIANCE

We may monitor your account and the conduct of your account to determine whether these Terms are being followed.

If we reasonably believe that your use of the ClimateThrive or FireThrive Platform or Website may break the law or that you have not complied with these Terms, we may:

warn you by email (but we are not obliged to do so);

suspend your access to the ClimateThrive or FireThrive Platform or Website; and/or

notify and provide relevant information to the relevant government or regulatory authorities, as appears appropriate in the circumstances.

In the event of taking action under Clause 9(b), we reserve the right to delete any or all of your information, material, or other content stored on our system at our sole discretion.

We may, at our absolute discretion and without notice to you, suspend or terminate your access to the Service:

where we reasonably believe that a court order, judgment, decree, determination or otherwise has been made to the effect that your Content is illegal, offensive, objectionable or in breach of a third party’s rights;

if we are served with a takedown notice in accordance with the Copyright Regulations 2017 (Cth) (as amended).

You agree to release us in respect of any action reasonably taken by us in our implementation of the terms of this Agreement, and you indemnify us against any claim by a user arising out of the same.

10. LIMITATION OF LIABILITY

You agree not to hold us responsible for any third-party content accessible on or through the ClimateThrive or FireThrive Platform and/or Website.

Under no circumstances will we, our related entities, licensors and service providers or our or their respective officers, agents or employees, be liable to you, whether in contract, tort (including negligence) or otherwise, for any direct, special, indirect or consequential loss arising under or in connection with this Agreement, or your use, or inability to use, the ClimateThrive or FireThrive Platform and/or the Website and any information, content and services obtained or access through the ClimateThrive or FireThrive Platform and/or the Website, including (but not limited to) any loss of profits, loss of sales or business, loss of business opportunity, loss of or damage to good will or loss or corruption of software, data or information.

Nothing in these Terms (including this clause) is intended to have the effect of excluding, restricting or modifying any liability to you which cannot be excluded, restricted or modified under applicable law. Where our liability cannot be excluded, we limit our liability to you to the fullest extent permitted by applicable law, including as provided under the Australian Consumer Law.

Subject to this Clause 10, our maximum aggregate liability to you for any loss, damage or injury arising out of or in connection with the performance or non-performance of this Agreement, including any breach by us of this Agreement however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of AUD$1,000.

11. INDEMNITY

You agree to defend, indemnify and hold us, our related entities, licensors and service providers, and each of our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each an Indemnified Party), harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers' fees) incurred by any of the Indemnified Parties, arising out of or relating to your violation (or alleged violation) of these Terms, your use of the ClimateThrive or FireThrive Platform and/or the Website, and your violation (or alleged violation) of any applicable law or regulation.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

12. VIRUSES

We do not guarantee that through the ClimateThrive or FireThrive Platform or the Website will be secure or free from bugs, viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access the ClimateThrive or FireThrive Platform and the Website. You should use your own antivirus software.

13. LINKING TO OUR WEBSITE

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out above.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed or mirrored on any other website, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

14. INTELLECTUAL PROPERTY

ClimateThrive and FireThrive and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our related entities or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under these Terms.

15. PRIVACY

Any personal information we collect from individuals through the ClimateThrive or FireThrive Platform or the Website will be handled in accordance with our Privacy Policy and any applicable legislation. Please see our Privacy Policy accessible at www.climatethrive.com.au/privacy for further details.

16. OTHER TERMS AND CONDITIONS

Additional terms and conditions may also apply to specific portions, services or features of the Climate Thrive and/or FireThrive Platform or the Website. All such additional terms and conditions are incorporated by this reference into these Terms.

17. GOVERNING LAW

These Terms, their subject matter and their formation, are governed by Australian law, specifically the laws of the State of Victoria. You and we both agree that the courts having jurisdiction in Victoria will have exclusive jurisdiction over any dispute arising under or in any way related to these Terms and their subject matter.