1 General terms of use
(a) When reading these terms of use, "we", "us" and "our" means G+T Services Company Pty Ltd (trading as NFP Headquarters) of 35, Tower Two, International Towers Sydney, 200 Barangaroo Avenue, Barangaroo NSW Australia. And 'you' and 'your' means ... ah, well, you!
(b) These terms of use apply to your use of this website including any content and tools on it (which we cleverly refer to together as the Website). By accessing or using the Website you agree to be bound by these terms of use. So please take your time and read carefully.
(c) We may revise these terms of use from time to time. If we do, we will display a notice on the Website to let you know. We might also let you know by email or through our social media channels. By continuing to use or access the Website after any notice, you are agreeing to be bound by the updated version.
2 Obligations and restrictions
(a) We are happy for you to use the Website to help you learn, be more efficient and to meet and share ideas and questions with others. This is why we built the Website after all!
(b) However, it is not OK for you to do the following things unless we have first agreed in writing:
(i) reproduce or sell anything from the website or to say our content is your content; or
(ii) share content from within the community membership area with people who are not part of the community.
(c) We have made the membership fee super low and feel it is fair that people pay to join if they would like to enjoy what we have created.
(d) When you use the Website, including any forum or sharing functionality, you agree to be honest, considerate, helpful and respectful. This side of things is super important to us which means we will do what we can to ensure these requirements are met including, in severe circumstances, the cancellation of membership.
3 Intellectual property rights
(a) The Website is subject to copyright and possibly other intellectual property rights.
(b) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
(d) Except as provided in these terms of use, you are not allowed to use or copy the Website for any other purpose without our prior written consent. You can contact us at [email protected] if you wish to ask about a consent.
(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Website without notice , if you breach, or we reasonably believe you have breached, any of these terms of use.
4 Linking to this Website
(a) We encourage you to provide links to the Website. While you may use the name "NFPhq", "NFP Headquarters" or our domain name "www.nfphq.com" in the text of any such link, you may not use the NFPhq logo or any of our other trade marks without our prior written consent.
(b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately stop providing such links.
5 Buying stuff from us (including NFPhq membership)
5.1 Ordering procedure
(a) When you place an order to purchase any products from us (including membership, courses and other e-products), you are making an offer to purchase the particular products for the price notified (including any applicable delivery charges, and any additional surcharges and taxes) at the time you place the order.
(b) There is no contract for the purchase of products until your order has been reviewed and accepted by us and we have notified you of such acceptance.
(c) We can decline your order where there are reasonable grounds for doing so, for example, the products are no longer available or if there is an error in the price or the description of the products listed on the Website.
(d) We will let you know whether your order has been accepted or declined as soon as reasonably practicable.
5.2 Payment
(a) When you make an order to purchase any products you agree to pay the purchase price we specify at the time of purchase, plus any applicable delivery charges based on the delivery option selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). For products requiring delivery, delivery charges will be additional to any purchase price and notified separately if not shown on the Website.
(b) You will be required to pay for the products by the payment methods specified on the Website or otherwise accepted by us from time to time. We will process the transaction upon acceptance of your order. Please be aware a surcharge might apply for the use of certain credit cards and other payment gateway services.
5.3 Cancellation of orders
(a) We may cancel your order after it has already been accepted if you are suspected of acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
(b) While we use reasonable endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and we may cancel your order after it has been accepted in such circumstances.
(c) If there is a delay in shipping your order we will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the products are shipped to you.
5.4 Returns
(a) You may return any goods you have purchased from us if the goods are faulty, different to how they were described or shown, do not serve their intended purpose, or you have a right to return them under any applicable law.
(b) If you wish to return any goods you must send an email to [email protected] within 14 days after the date you receive the goods and provide a reason for the return. Once you have done so, we will respond to your request and (if the return is accepted) provide you with the details of where the goods are to be returned to. You must pay for any return shipping costs.
(c) Where you have a right to return any goods, you will receive a refund or an exchange of the goods (at your choice).
6 Accuracy of content
(a) Some of the information on the Website may be provided by third parties, including guest contributors. While we believe these third parties are reliable sources of this information, we cannot guarantee this information will always be accurate, up-to-date or complete.
(b) The material provided and views expressed by other users of the Website are the materials of those users and are not ours.
7 Registration and Your Content
7.1 Registration
(a) You are not required to register to use the Website. However certain features on the Website may only be available if you do register.
(b) When you register, we may provide you with an initial password (which you may be able to change at a later stage) and user name which is personal to you. You must not share your user name or password with anyone else. You must keep any user name and password allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, please follow the instructions provided when you request for your password to be re-set or re-sent.
(c) You may cancel your registration by notifying us at [email protected], providing your user name and specifically requesting your registration be cancelled. If you have paid for your registration we may, at our complete discretion, choose to reimburse all or some of your then current subscription payment.
(d) We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe you have breached, any of these terms of use.
7.2 Your Content
(a) You must not provide any material through the Website (Your Content) that is against the law, in bad taste, could be considered sneaky or dodgy or is not yours. For example, material that:
(i) infringes the intellectual property or other rights of another person;
(ii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) solicits money from any person;
(iv) is false, misleading or deceptive;
(v) contains financial, legal, medical or other professional advice;
(vi) would harm, abuse, harass, stalk, threaten or otherwise offend;
(vii) would reflect negatively on us, including our goodwill, name and reputation;
(viii) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
(ix) would breach any applicable laws; or
(x) would otherwise result in civil or criminal liability for you, us or any third party.
(b) By providing us with any of Your Content, you agree we can use it. In legal speak you:
(i) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
(ii) warrant you have the right to grant such licence.
(c) You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.
(d) We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these terms of use.
8 General restrictions
(a) In using the Website, you must not:
(i) provide us with inaccurate or incomplete information;
(ii) violate any applicable laws, or use the Website for any purpose that is unlawful;
(iii) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(iv) collect or store data about other users of the Website; or
(v) engage in any other conduct that inhibits any other person from using or enjoying the Website.
9 Warranties and liability
(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
(b) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, we do not guarantee your requirements will be met or your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
(c) We recommend you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(d) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(e) If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD 100 or any higher Price you have paid to us in respect of the relevant product you have purchased from us.
(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(h) Our liability to you is diminished to the extent your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
10 Variation of the Website
(a) We may from time to time and without notice, vary or discontinue, temporarily or permanently, any or all of the Website.
11 Links and advertisements
(a) The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply we endorse the linked site or the subject matter of the advertisement.
12 Privacy policy
(a) In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy.
13 Infringing or objectionable content
(a) If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by emailing [email protected], and provide details of the content and why it is objectionable or infringing.
14 General
(a) If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms of use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(c) These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
(d) Your use of the Website is conducted electronically and you agree we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(e) The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
(f) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
(g) The word "including" when used in these terms of use is not a term of limitation.