Terms & Conditions

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.cnpe.org.au (‘Site’) is designed to promote our Centre for New Public Education (‘CNPE’) initiative.

These terms and conditions have been written to provide an enjoyable, safe, and secure online environment for the CNPE 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, all of which are outlined below. By using or attempting to use this Site you agree to be bound by these terms and conditions and any additional terms and conditions displayed by us elsewhere on this Site from time to time that apply to other parts or functions of this Site including polls, campaigns or competitions (together, ‘Terms and Conditions’).

You must be at least 13 years of age to register on the Site. 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 CNPE. We reserve the right to verify your age. If we discover that you are under 18 and don’t have your parent’s or guardian’s consent to be on here, we reserve the right to restrict your continued access to the Site and FYA activities.

The Terms and Conditions constitute a legally binding agreement between you and FYA. The 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.

User Terms

  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. Also check out our Prohibited Use process in clause 4 as we are serious about keeping the Site an optimistic space to connect and we will not tolerate troublemakers.

WHAT WE WANT!

• Contributing content which is interesting and constructive.

• Discussing issues you care about.

• Having open, honest debates about issues that matter.

• Reporting posts that violate these Terms and Conditions.

• Giving us feedback if you think we can do something better.

 

WHAT WE DON’T WANT!

 

• 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 copyright material (like photos, videos, extracts from books or magazines) 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: exaggeration is one thing, but don’t make misrepresentations or 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 CNPE community.

  • Quality not quantity: We encourage you to take responsibility for the quality of content you upload to the Site. Don’t post direct solicitations for funds or advertisements for goods or services. We might also impose limits on the size of files uploaded by users in blogs or filter, remove or refuse to post files which interfere with the technical operations of the FYA network including files which threaten to overload or crash a system.
  • Watch what you link: Ensure you know the organisation you are linking to. If you think there is someone or something we should really know about let us know and we will utilize our discretion in choosing to use it or not. Web links do not last forever, so quote or summarise interesting info you find to benefit others in the future.

• 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.

  1. User generated content The views, opinions, and comments expressed by others on the Site, 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 name or password.

 

  1. Moderator Every member and user of the CNPE 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 4 below.

 

  1. Prohibited use and termination

 

a)      FYA has complete discretion to decide if the Site has been used in a way that disregards “WHAT WE WANT and WHAT WE DON’T WANT” 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. FYA will assume goodwill; so if you have simply made a mistake, let us know.

c)       If we think there has been serious misconduct or a breach or gross violation of these Terms and Conditions 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 participation in CNPE 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 these Terms and Conditions that relate to intellectual property, warranty disclaimers and limitations of liability will continue to apply. Our moderator may, at their discretion, contact your Internet Service Provider and they may shut down your Internet access.

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, infringes intellectual property rights, 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 these Terms and Conditions, or as otherwise required by law.

 

  1. Please report abusive content If you see any content which you consider is offensive or inappropriate or which does not otherwise comply with these Terms and Conditions, please report the content by emailing cnpe@fya.org.au.

 

  1. 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 on 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.

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)
Website: http://www.lifeline.org.au/

Mensline (for relationship issues)
Phone: 1300 78 99 78 (cost of a local call)
Website: www.mensline.org.au

Suicide Callback Service
Phone: 1300 65 94 67 (Cost of a local call)
Website: www.suicidecallbackservice.org.au

Reach Out (for ages 14-25)
Website: http://au.reachout.com/

  1. Governing Law These Terms and Conditions, 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 legal.

 

  1. Disclaimer and limitation of liability

a)      You use the Site and participate in CNPE at your own risk. All material, content and information posted by FYA on the Site is provided as general information only and does not constitute professional advice of any nature. Content posted by other users of the Site 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, and we do not accept any responsibility arising in any way from errors or omissions or reliance on any material or information (except as required by law).

b)      To the extent permitted by law, 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 of any data communications or content stored under or relating to your account; delay in operation, transmission, infection by 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 CNPE. 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 participating in CNPE. You understand that such third party is not an employee or representative of FYA and your relationship is not subject to these Terms and Conditions and you might have other responsibilities and rights in relation to those third parties.

c)       To the extent permitted by law, FYA is not liable, either in contract, tort (including negligence), under statute or otherwise, to you, or to any person claiming through you, 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 FYA under or purportedly under these Terms and Conditions, or in respect of any goods or services supplied or which should have been supplied under these Terms and Conditions.

d)      To the extent permitted by law, we exclude all conditions, guarantees and warranties relating to your use of the Site (including participation in polls or campaigns) or any products, services, material or information on the Site. To the extent that our liability for breach of any guarantee, condition or warranty cannot be excluded by law, our liability will be limited, at our option, to:

(i)         in the case of services supplied or offered by us:

  1. the re-supply of those services; or
  2. the payment of the cost of having those services re-supplied; and

(ii)       in the case of goods supplied or offered by us:

  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the cost of having the goods replaced; or
  4. the payment of the cost of having the goods repaired.

e)      If your conduct at the Site (including without limitation any breach of the “WHAT WE WANT” and “WHAT WE DON’T WANT” rules, your posting or submission of the materials that you submit or post to the Site (‘Your Materials’) or the use by FYA or its nominees of Your Materials as permitted in clause 9) directly or indirectly results in any claim, loss, damage or cost (including without limitation legal costs) being suffered or incurred by FYA, you will indemnify FYA in relation to that claim, loss, damage or cost.

 

  1. Intellectual Property Except in relation to Your Materials (defined below), this Site incorporates information and content in the form of software, design, text, images, photographs, illustrations, audio, written and video material, artwork, graphic, databases, links, source codes, trademarks and other information, which as between you and FYA, is the propriety property of FYA.  You must not allow download, copy, use, reproduce or reference any content on the Site for business or commercial purposes.

You warrant to FYA that all materials you contribute to the site, written or otherwise (“Your Materials”) are original and do not infringe the intellectual property rights of any third party. You retain ownership of Your materials and herby grant to FYA an irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, copy, distribute, transmit, communicate, reproduce, publish, display and/or broadcast Your Materials on the Site as well as in any promotional or communication activities of FYA conducted in Australia or overseas, including, but not limited to, for marketing or promotions of CNPE.

You agree to not make any claim in respect of any infringement or contravention of your moral rights (whether it be an act or omission) arising from, or in connection to, the use, treatment or alteration and attribution of, or dealing with, Your Materials by FYA and their successors, assignees and respective licensees. The term “moral rights” has the meaning given in Part IX of the Copyright Act 1968 (Cth) and any analogous rights arising under state that exist anywhere in the world.

  1. Personal informationWe may collect personal information in order to operate the Site and conduct CNPE activities and may, for this purpose, disclose such information to third parties, including, but not limited to, FYA, agents, contractors and, as required, to Australian regulatory authorities. We may, for an indefinite period, unless otherwise advised, use the information to contact you in relation to initiative and opportunities associated with CNPE or for other promotional, marketing, publicity, research and profiling purposes, including sending emails, electronic messages or telephoning you. More information about our use of your personal information is contained in FYA’s Privacy Policy which is available at www.fya.org.au/privacy-policy/. You should direct any request to access, update or correct information to FYA. These Terms and Conditions incorporate FYA’s Privacy Policy.

 

  1. Severability If any part of these Terms and Conditions 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 these Terms and Conditions.

 

  1. Modifications CNPE is an 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 these Terms and Conditions 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 so you are aware of the most current obligations that apply to you and the terms and conditions of your use of the Site.

 

  1. Contacting us If you have any questions, comments or concerns about these Terms and Conditions, our Privacy Policy, the practices of this Site or your dealings with us:
  • please send us an email to cnpe@fya.org.au
  • call + 613 9670 5436
  • orgo to the ‘Contact Us’ section on our Site.
  1. Effective Date These Terms and Conditions were last updated on 26 June 2014.