Terms and Conditions
3. The website and software is provided by Do Gooder ("Do Gooder Pty Ltd") to be used to provide a platform for online campaigns and communications with third parties which support causes which Do Gooder believes, in its sole and absolute discretion, support causes that Do Gooder considers to be creating good in the world. Whilst Do Gooder reserves the right to assess each campaign, examples of causes which Do Gooder might consider to be creating good in the world include:
- the protection of natural systems, flora and fauna
- de-carbonisation of the economy
- promotion of renewable energy and energy efficiency
- opposition to uranium mining and nuclear power
- natural resource conservation
- support for same-sex marriage
- preparation for peak oil
- support for re-localisation
- social equality
- gender equality
- racial equality
- creativity in schools & society
- universal health care
- a living wage and fair rights for workers everywhere
- human rights
- freedom of speech and freedom of the press
- eradication of poverty
- participatory democracy
- support for refugees and opposition to mandatory detention of asylum seekers
- indigenous rights
- support for the arts
- no dissing ability
7. You are responsible for your use of the website and software. Do Gooder will not be responsible for any material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by a user, member or third party ("Material"). Material may include but is not limited to any information including text, graphics, images, sounds and software.
8. Do Gooder may not monitor or control Material and does not take responsibility for such Material. Any use of Material is at your own risk. Do Gooder does not in any way endorse, guarantee or support the truthfulness, reliability, honesty, accuracy or lawfulness of any Material. Do Gooder will not be liable for any loss or damage in any way arising from or in connection with any Material, including misleading, deceptive, offensive, defamatory, or unlawful Material.
9. In using the website or software, you agree that you will not cause, allow or permit, any Material to be posted, uploaded, communicated, submitted, displayed, downloaded or transmitted which:
(a) Is misleading, deceptive, offensive, threatening, harassing, libellous or defamatory.
(c) Is fraudulent or permits, enables or allows fraudulent acts.
(d) Is in breach or violation of, or permits, enables or allows a breach or violation of, applicable laws, including statute, common law and applicable rules and regulations.
(e) Do Gooder in its sole and absolute discretion deems to be offensive, obscene, inappropriate, not creating good in the world, or otherwise unacceptable to Do Gooder.
(f) Is or permits, enables or allows Spam.
(g) Intentionally or unintentionally contains, viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of members, users or other persons.
(h) Causes or may cause Do Gooder to become liable or potentially liable for any claim for loss or damage or to suffer loss or damage.
10. In using the website or software, you agree that you will not do, cause, allow or permit the following:
(a) Sending spam.
(b) Sending emails to non-specific addresses.
(c) Sending emails to be sent that result in spam or UCE complaints.
(d) Failing to promptly comply with any request from an email recipient to be removed from your email list.
(e) Disguising that an email came from you.
(f) Disguising the subject matter of an email.
(g) Sending "chain letters", "pyramid schemes", "junk mail", unsolicited or unauthorized advertising, promotional materials, or similar.
(h) Harvesting email addresses.
(i) Sending emails containing viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of members, users or other persons.
11. You agree that Do Gooder may remove, block or delete Material which Do Gooder, in its absolute discretion believes to be of a nature described in clause 9 and 10 above.
12. Do Gooder reserves the right to suspend or terminate, immediately and without prior notice, any membership of a member, its agents or affiliates, where Do Gooder, in its absolute discretion, believes the member is in breach of clause 9 above.
13. Do Gooder shall not be liable for any transaction, financial or otherwise, communication or interaction by, between or to users, members of the website or software or third parties, including loss or damage arising therefrom. Do Gooder is not obliged to become involved in any dispute between members, users or third parties. You agree to release and indemnify Do Gooder from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to such transactions, communications or interactions and disputes.
14. For the avoidance of any doubt Do Gooder, does not endorse, is not a party to, and will not be in any way responsible for, any donations or any other transactions between users of the website or software, members or third parties.
15. Do Gooder will respond to notices of alleged copyright or intellectual property infringement that comply with applicable law and are properly provided to Do Gooder. Such notice must:
(a) Identify the work or material being infringed.
(b) Identify the material that is alleged to be infringing with sufficient information for Do Gooder to find and verify its existence.
(c) Provide contact details of the party notifying Do Gooder of the infringement, including name, address, telephone number and e-mail address.
(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;
(e) Contain a physical or electronic signature of the copyright owner or a person authorised to act on their behalf
(f) Contain a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
16. Do Gooder, in its sole and absolute discretion, reserves the right to remove work or material alleged to be infringing without prior notice. Do Gooder may also terminate, without prior notice, any membership where the member has infringed copyright or intellectual property rights.
17. Do Gooder does not endorse third party websites or other resources, linked to the website or software, or the content, products, or services available from such websites or other resources. Do Gooder is not responsible or liable for the use of such third party websites or other resources.
18. The website and software is evolving and Do Gooder intends to develop and incorporate changes to the website and software from time to time. The website and software is provided on an "as is" basis and no representation or warranties are made by Do Gooder in respect of the use of the website or software, including that the website or software will:
(a) be free from viruses or harmful components. (b) be free from errors or defects or that errors and defects will be rectified. (c) operate timely, or without disruption. (d) be suitable for any purpose for which you may use the website or software. (e) operate in combination with any other software, hardware, information or data. (f) operate securely. (d) not result in the loss of user, member or third party data or Material.
19. Do Gooder will not be liable for any harm to your computer, loss of data in connection with or arising from the use of the website and software.
20. Do Gooder provides support for members in respect of the website and software via email, full details are provided on the website. Do Gooder cannot provide support in connection with the operation of the website or software in combination with any other software, hardware, information or data.
21. You are responsible for safeguarding your password and any other information or data necessary for you to effectively use the website or software.
22. Do Gooder memberships and access to certain services may require the payment of fees. Details of fees will be provided on the website or in writing from Do Gooder. All fees are stated in US dollars. Changes to fees from time to time will be provided on the website and emailed to members. If you do not agree to pay the new fees you may terminate your membership or access to the relevant service prior to the new fees coming into effect.
24. Do Gooder cannot provide refunds in connection with donations or any other transaction between users of the website or software, members or third parties.
25. Members will be provided with email facilities as part of their membership. The number of emails that a member can send without further charge will be limited based on the plan. Do Gooder will alert members when email limits are reached by email.
26. Members will have limited server resources for the hosting of member websites. Such limitations include CPU usage, memory usage, number of simultaneous port or database connections and total bandwidth usage. Do Gooder will provide detail of permitted bandwidth usage from time to time on the website and/or by email. Do Gooder may suspend accounts which exceed the limits above.
27. You retain your rights to any Material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by you. You grant Do Gooder a worldwide, non-exclusive, royalty-free license (with the right to sub license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed).
28. You warrant that you have the all of the rights, power and authority to grant the licence referred to in clause 23.
31. You agree to allow Do Gooder to display your logo on the Do Gooder web site and other Do Gooder marketing materials indicating that you are a user of the Do Gooder platform.
32. A Member on the 'Goodest PRO' plan may insert Do Gooder actions into a third party web site using the embed feature provided and may also add or remove interface elements through creating custom style sheet code while on the GoodestPRO plan. Members on all other plans must ensure that the 'Powered by Do Gooder' logo motif and links remain visible and actively link to dogooder.co.
33. These Terms and Conditions and any action in connection with or in relation thereto will be governed by the law in force in New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales. All claims, legal proceedings or litigation arising in connection with the use of the website or software will be brought solely in New South Wales and you consent to the jurisdiction of such courts.