Terms and Conditions

To ensure that the Be More Website, the content and services it provides to you are of the highest possible quality, we have developed these Terms and Conditions and Privacy Policy. We welcome your feedback and ideas on how to improve these terms. Please contact us with any suggestions!

1. The Caritas Australia Be More website - What it is
Welcome to the Caritas Australia Be More website (the "website"). The website has been established by Caritas Australia to provide an online platform for social activism. The website is operated from Australia by Caritas Australia of 24-32 O'Riordan Street, Alexandria NSW 2015, Australia ("Caritas Australia"). ABN 90 970 605 069

2. These Terms and Conditions - Our Membership Contract
This page states the Terms and Conditions under which you may join our website and use the website services which are made available to our registered participants. If you do not accept the Terms and Conditions stated here, you are not permitted to join our website or to use the services made available on this website.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes, after we post any changes to these Terms and Conditions, you are agreeing to accept those changes, whether or not you have reviewed them.

3. Participation in Be More - Who can Join?
Anyone can sign-up to the Be More Challenge, however if you are under 16 years of age you will require the permission of a parent or guardian in order to complete your registration process. In this line it will be the responsibility of your parent/guardian to edit your privacy settings. Parents/guardian's should access the resource for parents for more information.

4. How to Join
In order to become a participant in Be More, you are required to complete the Sign Up Form and to set a Password. When completing the form you are required to warrant and represent that the information you provide is true, accurate and complete.

As previously stated, if you are under 16 years of age you will require the permission of a parent or guardian to complete the registration process.

We may refuse to grant you a Be More personal profile page or we may suspend or terminate your account at our discretion. Particularly if you attempt to impersonate someone else or breach protected trade mark or proprietary rights law, or are vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

5. Your profile page - Your Responsibility
You are entirely responsible for maintaining the content and confidentiality of your Be More information. For under 16 year old members the responsibility of setting profile privacy settings lies with the parent/guardian. You may not share your password and username with any other party and are fully responsible for all activities that occur under your password. You agree to (a) immediately notify Caritas Australia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Caritas Australia cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

6. Participants' Behaviour - Acceptable Conduct
The Be More website is made available for your personal, non-commercial use only. You may not use the website for any illegal or unauthorised purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Australia or your country of residence.

Members are solely responsible for their own conduct and any text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof that they submit, post, e-mail, display or otherwise transmit within the website ("Materials").

As a Be More participant, you expressly agree that whenever you participate in the website you will abide by all applicable local, state, national or international laws, including, but not limited to, any regulations having the force of law. You also accept that you are solely responsible for all communications, acts or omissions that occur under your personal profile page.

The following non-exhaustive list of types of inappropriate behaviour will not be tolerated on the website and by becoming a participant you undertake to Caritas Australia and to all other participants that you will not:

(a) use the website in a manner inconsistent with its purposes or these Terms and Conditions;
(b) use participants' personal data for purposes other than establishing bona fide contact within the website;
(c) act in breach of the Privacy Policy;
(d) upload, post, email or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, intimidating, offensive, defamatory, vulgar, obscene, libelous, invasive of another's privacy or confidentiality, hateful, harmful or racially, ethnically or otherwise objectionable;
(e) infringe another's intellectual property (intellectual property includes patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party);
(f) jeopardize or prejudice the operation, quality or integrity of the website, or the operation, quality or integrity of any telecommunications network;
(g) use the website for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the website to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
(h) impersonate any person or entity, including, but not limited to, a director, officer, employee, agent or representative of Caritas Australia, other challenger, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) mislead others by, for example, concealing or disguising the origin of a message or the nature of any Materials;
(j) harvest or otherwise collect information about others, including e-mail addresses, without their consent or use any robot, spider, site search/retrieval application, or other device to retrieve or index any content on the website;
(k) distribute, download, upload or transmit any material which contains viruses, trojans, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
(l) use the website in a manner contrary to the terms and conditions of any Internet Service Provider whose services you may use;
(m) attempt to gain unauthorised access to any aspect of the website or the Caritas Australia website or computer systems;
(n) reformat or frame any portion of the web pages that are part of the website; or
(o) remove any copyright, trademark or other proprietary rights notices posted on the website.

7. Fundraising Activities
All funds donated through the support function of an individual or group profile page, or for a specific individual or group challenge will go directly to Caritas Australia.

Caritas Australia makes no representation or warranties in relation to the appropriate use of funds raised by use of the Site or the services provided.

Caritas Australia makes no representation or warranties in relation to the specific use of funds raised except in circumstances where the Caritas Australia has expressly stated that funds raised will be applied to a particular project or appeal.

Prior to commencing a fundraising activity on behalf of Caritas Australia, you must ensure that Caritas has no objection to the nature of the proposed activity.

Caritas Australia makes no representation or warranty as to the suitability and/or appropriateness of any fundraising activity

Caritas Australia expressly reserves the right to suspend a fundraising page in the event that the recipient organisation, in its sole discretion, deems the fundraising activity unsuitable or inappropriate.

8. Caritas Australia's Role
Caritas Australia does not control the Materials submitted, posted, emailed, displayed or otherwise transmitted by participants and, as such, we cannot guarantee the accuracy, truthfulness, integrity or quality of such Materials. Although we have adopted these Terms and Conditions for participants, you understand that by using the website, you may be exposed to Materials that you find offensive or objectionable.

9. Limits on Caritas Australia's Responsibilities
Under no circumstances will we be liable in any way for any Materials (other than for content created by us), including, but not limited to, errors or omissions in any Materials, loss or damage of any kind incurred as a result of the use of any Materials submitted, posted, emailed, displayed or otherwise transmitted to or through the website.

As the essence of the website is to provide a real-time environment for participants to share their challenge plans and progress with other participants, Caritas Australia does not accept a general obligation to monitor participants' use of the website.

However, Caritas Australia will use all reasonable endeavours to address any breaches of these Terms and Conditions where we are notified of a material breach thereof. If you have concerns regarding any Materials on the Community website, you may notify us immediately by email at bemore@caritas.org.au  

Accordingly, we may, but shall have no obligation to, remove Materials that we determine in our sole discretion to be unlawful, harmful, abusive, harassing, tortuous, intimidating, offensive, defamatory, vulgar, obscene, invasive of another's privacy or confidentiality, hateful, harmful or racially, ethnically or otherwise objectionable, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or which we feel may infringe or violate any party's intellectual property, privacy or other proprietary rights or these Terms and Conditions.

10. Exclusions of Liability - When we will not be Responsible
Your participation and use of the website is at your sole risk. In no event shall Caritas Australia be liable for any damages whatsoever (including, without limitation, incidental, punitive, exemplary, special or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the community or any materials, whether based on statute, contract, tort (including negligence), or any other legal cause, and whether or not Caritas Australia is advised of the possibility of such damages.

Caritas Australia does not warrant that the website will operate uninterrupted or be error free, that defects will be corrected, or that the website or the servers that make it available are or will be free of viruses or bugs.

Caritas Australia is not responsible for any errors or malfunctions in any communications network, computer systems, servers, equipment or software including any injury or damage to participants or to any persons' computer related to or resulting from participation or downloading Materials.

11. Participants' Data - Your Information
See our Privacy Policy for the terms governing the use of participants' personal data. As a general rule, any Materials that you transmit to, or post on, any area of the website is, and will be treated as, non-confidential and non-proprietary information.

12. Caritas Australia's Proprietary Rights - Your Right to use our Materials
Caritas Australia does not claim any ownership rights in any Materials that participants submit, post, or display on or through the website. After submitting, posting or displaying Materials on or through the website, participants continue to retain all ownership rights in such Materials, and they continue to have the right to use their Materials in any way they choose. By submitting, posting or displaying any Materials on or through the website, you hereby grant to Caritas Australia a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the website. This license will terminate at the time you remove your Materials from the website, except that you agree that the license will continue solely with respect to other participants' continued use of your Materials; provided, however if you remove any of the Materials from the website, Caritas Australia reserves the right to remove all of your Materials from other participants' pages.

Provided that you comply with your participation obligations under these Terms and Conditions, Caritas Australia grants to participants a non-exclusive, non-transferable, limited right to access the website and all Caritas Australia-created Materials displayed on the website ("Caritas Australia Materials").

All Caritas Australia Materials incorporated into or accessible through the website, are protected by Australian and international copyright laws, and are owned, controlled or licensed by Caritas Australia, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Caritas Australia Materials in the ordinary course. Any other use of such Caritas Australia Materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.

13. Your Undertakings, Warranties and Indemnities to Caritas Australia - Your Commitments to Us
You represent and warrant to Caritas Australia that the Materials posted by you on or through the website will comply with these Terms and Conditions and you agree to defend, indemnify, and hold harmless Caritas Australia, its officers, directors, employees, agents and service providers, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the website or any Materials or your breach of the terms of these Terms and Conditions. Caritas Australia shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

14. Participant Disputes
You are solely responsible for your interactions with other participants. Caritas Australia reserves the right, but has no obligation, to monitor disputes between you and other participants.

15. Termination of the website
At any time, you can terminate your website account which will remove your profile and other personal information from view. To terminate your website account please select follow the relevant link in the privacy settings of your profile page.

Where reasonably possible, Caritas Australia will use reasonable efforts to give participants fair notice of termination or suspension of their access to the website. However, we may suspend or terminate your website account immediately at any time without notice, without providing any reasons and without further liability or responsibility to you. Accordingly, you should not use the website as a depository for information where you have no other means of accessing it.

Once your website account terminates, you will have no right to access or use the website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your website account.

16. Links
The website may contain links to third party websites. These links are provided by Caritas Australia or by other participants solely as a convenience to you and not as an endorsement of the content on such third party websites. Caritas Australia is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.

17. General
The website has been created and is controlled by Caritas Australia. These Terms will be governed by, and construed and enforced in accordance with, the laws of Australia. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Australian courts.

These Terms and Conditions are accepted upon your use of the Caritas Australia Aspire To Be More website and is further affirmed by you becoming a participant.

The failure of Caritas Australia to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

If any provision of these Terms and Conditions shall be prohibited by or adjudicated by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall to the extent required be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and shall not in any way affect any other circumstances or the validity or enforcement of these Terms and Conditions.

Caritas Australia may alter or amend these terms and conditions at any time.

THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CARITAS AUSTRALIA WITH RESPECT TO YOUR MEMBERSHIP AND USE OF THE COMMUNITY.