The Foundation for Young Australians (FYA 'we' 'us' 'our') are relentlessly optimistic about the young people of this country. We are a not-for-profit organisation, which provides a national platform of respect and opportunity for the best ideas and actions that young Australians have to offer. This digital site, www.ypwb.org.au ('Site') is designed to promote our Young People Without Borders ('YPWB') initiative. Young People Without Borders is building a community of volunteers, making a difference in Australia and beyond.
These terms and conditions have been drawn up to provide an enjoyable, safe, and secure online environment for the Young People Without Borders community. Some things like protecting your privacy are required by law. We have also created other online security measures and specific rules about how you use certain parts of our Site, like blogging and accepting challenges, all of which are outlined below. By using or attempting to use this Site you agree to be bound by this Agreement and any additional terms and conditions that may apply to other parts or functions of this Site including interactive online activities or competitions.
This site is intended for people aged 13 to 24 years.
If you are under 18 years of age, you must ask a parent or guardian if it is okay to register on this Site. In certain circumstances you might also have to provide us with contact information for your parent or guardian so that we can obtain their consent to certain activities associated with this Site or Young People Without Borders. We reserve the right to verify your age. If we discover that you are under 18 and don’t have your parent or guardian’s consent to be on here, or you are over 24, we reserve the right to restrict your continued access to the Site and FYA activities.
The terms and conditions within this Agreement constitute a legally binding agreement between you and FYA. This Agreement applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices that allow you to access our Site.
START YEAR PARTICIPANTS
FYA does not run or coordinate the Start Year placements. Independent third parties entirely separate from FYA do this. You are contractually bound to the
Third Party with whom you are travelling and need to refer to their policies and procedures.
NB: If we see something that is posted on the Site that rings alarm bells, such as someone is at risk or in danger, FYA will reserve the right to report this immediately to the Police, the Third Party or any other organisation listed in, but not limited to, clause 8.
1. Netiquette All content contributed by you to our Site must adhere to the following criteria and may be edited or removed at the discretion of FYA without notice if it is deemed to contravene this policy
WHAT’S HOT !
• Contributing content which is interesting and constructive.
• Discussing issues you care about.
• Having open, honest debates about issues that matter.
• Reporting messages that violate our policies.
• Giving us feedback if you think we can do something better.
WHAT’S NOT !
• Private stuff: Please keep conversations relevant and don't share personal or private information. Remember that blogging and message boards can be seen by others and become PUBLIC information, so exercise caution.
• Personal attacks or hate speech: Speak your mind without offending others. Racism, sexism and homophobia will not be tolerated!
• Obscene content: Don't post or distribute content that is obscene or indecent, depicts violence, sexual activity or pornography; or contains instructions in crime or drug use.
• Threats: Please watch your language and respect other people's views, beliefs and emotions. Don't post content that might be found to defame, be harassing, extremely offensive, threatening, advocates the use of force or violence towards any person or encourages, endorses, approves or recommends the performance of dangerous or illegal acts.
• Spam: Spam in all forms is not acceptable. It will be removed from our systems immediately.
• Unauthorised use: Don't post copyrighted material or material created by others without direct permission. Don't access, probe or otherwise attempt to mess with the Site, including trying to breach or circumvent any security or authentication measures on the Site.
• Misrepresentation: Don’t provide false or misleading information. Don't impersonate any person or suggest a connection to a group or organisation that is misleading. We reserve the right to remove any comments that are maliciously intended to damage the reputation of FYA or the Young People Without Borders community.
• Virus transmission: Don’t submit or upload anything that contains a virus or other code that has harmful or destructive properties.
• Don’t meet up with anyone you have met online or if you feel unsafe and do not reply to inappropriate messages.
2. Creds and Challenges Creds form a social currency which are awarded to a Young People Without Borders user to celebrate them completing volunteering and social action activities. The following terms apply specifically to creds and challenges:
(a) Completion of challenges is a self-assessment process, by which it is your responsibility to confirm your successful completion of the Challenge. You are required to blog about your participation in the Challenge as proof of evidence of completion.
(b) FYA reserves the right to change the amount of Creds awarded at any time (including any rewards attached) without prior notice, by posting a revised amount on the Site. Such changes will be effective immediately upon the time the changes are posted on the Site. Your continued access or use of the Site after those changes are posted shall be deemed your acceptance of those changes.
(c) We reserve the right to use our discretion in the award and allocation of creds. If fraudulent conduct is discovered (i.e. you pretend to do a challenge), we reserve the right to withdraw the creds you received as a result of your fraudulent behaviour.
(d) You participate in Challenges at your own risk and you, by your participation, accept the possible risks of which a reasonable person is or should be aware.
4. User generated content The views, opinions, and comments expressed by others on the Site including do not reflect the views and opinions of FYA. You are solely responsible for any content or material which you post or upload on the Site, or which is posted by another person using your user account.
5. Moderator Every member and user of the YPWB community acts as a moderator through the reporting of abuse or misuse. FYA will also moderate users and content on a regular basis and in accordance with the process outline in clause 6 below.
6. Prohibited use and termination
(a) FYA has complete discretion to decide if the Site has been used in a way that disregards "What's Hot and What’s Not" as outlined in clause 1 above. If we think that the Site has been used in an inappropriate way we retain the right to remove that content immediately and without your consent.
(b) Please note that for minor blunders we have a 'three strikes and you're out' policy in operation. Under this policy, you will be notified of inappropriate use ('one strike'). If you receive three strikes we reserve the right to terminate or suspend your registration or bar you from any further use of the Site.
(c) If we think there has been serious misconduct or a breach or gross violation of this Agreement or for any other reason we consider prudent, the 'three strikes' policy will not apply, and instead we reserve the right to immediately and without prior notice terminate your membership and/or suspend or restrict your access to the Site. Upon termination your right to use or access this Site will immediately cease, and all provisions of this Agreement that relate to intellectual property, warranty disclaimers and limitations will continue to apply. Our moderator may, at their discretion, contact your Internet Service Provider.
(d) FYA does not directly support or push any political, social, or religious agendas. However, FYA does reserve the right as outlined above to delete content if it's off topic, 'spam' in nature, abusive, uses excessive foul language or includes personal attacks. Content may also be considered for removal:
(i) if required by law, for example, in response to a court order;
(ii) in response to a law enforcement agency's request; or
(iii) where we believe removal is necessary to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of our Agreement, or as otherwise required by law.
7. Please report abusive content If you see misuse of content, interference with functionality or other 'unauthorised' activity, use the Report Button on the site, and/ or please let us know by email at email@example.com or go to the "Contact Us" section on the Site.
8. Additional protection of our Users Although in general we will not reproduce or share any of your personal information, in the case that a message or use of the Site suggests that one of our users may be in danger (either from themselves or someone else) they might be referred to an emergency help line or appropriate organisation, such as the Police. A list of recommended contact points or useful sites are reproduced below. This information is publicly available and all moderators are authorised to refer users to these pre-approved services. FYA will go out of our way to report something that comes to our attention and not many organisations would do the same…we truly are one of a kind.
Kids Helpline (for ages 5-25) Phone: 1800 55 1800 ( Calls to Kids Helpline are free from mobile phones, landlines and public telephones) Website: http://www.kidshelp.com.au/
Lifeline (for all ages) Phone: 13 11 14 (cost of local call)
Mensline (for relationship issues)
Phone: 1300 78 99 78 (cost of a local call)
Suicide Callback Service
Phone: 1300 65 94 67 (Cost of a local call)
Reach Out (for ages 14-25)
9. Law of this Agreement The Agreement, your use of the Site and any disputes between you and FYA will be governed by and construed in accordance with the laws of Victoria. You are solely responsible for ensuring that your use of the Site is not prohibited and complies with your local laws.
10. Disclaimer and limitation of liability
(a) You use the Site at your own risk. Material, content and information posted by FYA on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. Content posted by others is provided by and is solely the responsibility of the user providing that content. While FYA will endeavor to maintain a quality Site that is useful and relevant, we do not make any representation or warranty that any material or information on the Site will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
(b) FYA is not liable for any loss, damage, cost or expense suffered or incurred by you (or for any third party claims made against you) however arising including out of:
(i) theft or misappropriation of any identity you create on the Site or claims relating to the unauthorised access to any data communications or content stored under or relating to your account; delay in operation, transmission, virus, or malfunction in equipment or software; disputes between users of this Site including those between you and other users; third party sites and services including their content;
(ii) your participation in YPWB, including, a Challenge or Start Year. You undertake those activities on your own initiative, at your own risk, and take responsibility for their outcome; or
(iii) any involvement you might have with a third party while in the course of being part of YPWB, whether on the internet, in a physical location or while completing a Challenge or Start Year. You understand that such third party is not an employee or representative of FYA, they are an independent party separate from this Agreement and you might have certain responsibilities and rights in relation to those third parties.
(c) A party is not liable, either in contract, tort, under statute or otherwise, to the other, or to any person claiming through the other, for any indirect, consequential or special loss or damage, or any loss of profits or anticipated profits, in respect of any act or omission of a party under or purportedly under this Agreement, or in respect of any goods or services supplied or which should have been supplied under this Agreement.
(d) The exclusion on a party’s liability in this Agreement does not apply to death or personal injury of any person.
(e) To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site or any products or services on the Site. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(e) in the case of services supplied or offered by us:
(A) the re-supply of those services; or
(B) the payment of the cost of having those services re-supplied; and
(ii) in the case of goods supplied or offered by us:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of having the goods replaced; or
(D) the payment of the cost of having the goods repaired.
11. Intellectual Property The contents of this Site including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic or written material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site including all improvements, additions or modifications to the Site are the property of FYA and are legally protected. You must not allow another person or organisation to breach this section. If you believe that someone might be breaching this section we urge you to please contact us immediately.
You retain ownership of any materials that you submit or post on the Site (Your Materials). So that we can continue to spread the word about YPWB, you authorise FYA (and our authorised nominees) to use, modify, copy, distribute, transmit, reproduce, publish, display and broadcast Your Materials as well as in any promotional or communication activities of FYA conducted in Australia or overseas but only for a non commercial purpose, including, but not limited to, marketing and promotions for YPWB.
12. Severability I f any part of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction then that provision will be read down or severed to the extent of the invalidity or unenforceability and will not affect any other part of this Agreement.
13. Modifications Young People Without Borders is an exciting new and expanding program and we like to mix it up, so the Site will change frequently and its form and functionality may change without prior notice to you. We will also need to update the terms of this Agreement from time to time, or ask you to sign up or register for new additions to or special features on our Site. If you use the Site after these changes or new terms become effective it will signify your acceptance to be bound by the changes. You should check this space frequently and review the terms and conditions of this Agreement so you are aware of the most current obligations that apply to you and the terms and conditions of your use of the Site.
• please send us an email to firstname.lastname@example.org
• call + 613 9670 5436
• or go to the "Contact Us" section on our Site.
15. Effective Date These Terms were last updated on 29 May 2013.