Terms & Conditions
Terms and Conditions of Use Agreement (‘Agreement/Terms’) between Everything Sustainable Pty Ltd, Trading As Everything Sustainable (ABN 77 637 087 499) (‘Everything Sustainable’) and users (‘You/Your’) of the Everything Sustainable website (‘Website’).
Your use of the Website is subject to these legally binding Terms. Please read them carefully before entering the Website. You accept this Agreement by remaining on the Website. If you do not accept this Agreement, you must leave the website immediately.
You may only use the Website for its proper purposes. The Website is owned and operated by Everything Sustainable and this Agreement may be revised by Everything Sustainable from time to time. Any changes to this Agreement take immediate effect from the date of their publication.
Copyright and Intellectual Property
The Website, the content and all of the related products of Everything Sustainable are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Everything Sustainable or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Everything Sustainable, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user of the Website to:
1. use the Website pursuant to the Agreement;
2. copy and store the Website and the material contained in the Website in your device's cache memory; and
3. print pages from the Website for your own personal and non-commercial use.
Everything Sustainable does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Everything Sustainable.
Everything Sustainable retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any of the following to you:
1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Everything Sustainable and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by this Agreement. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Nothing in this Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Agreement are excluded; and
2. Everything Sustainable will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or this Agreement (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Everything Sustainable make any express or implied representation or warranty about the content or any products or content (including the products or content of Everything Sustainable) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the content or any of the products of Everything Sustainable; and
4. the content or operation in respect to links which are provided for your convenience.
Limitation of liability
Everything Sustainable's total liability arising out of or in connection with the content or this Agreement, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Everything Sustainable, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that Everything Sustainable holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
Termination of Contract
If you want to terminate the Agreement, you may do so by providing Everything Sustainable with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to Everything Sustainable via the 'Contact Us' link on our homepage.
Everything Sustainable may at any time, terminate the Agreement with you if:
1. you have breached any provision of the Agreement or intend to breach any provision;
2. Everything Sustainable is required to do so by law;
3. Everything Sustainable is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or:
4. the provision of the Services to you by Everything Sustainable, is in the opinion of Everything Sustainable, no longer commercially viable.
Subject to local applicable laws, Everything Sustainable reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Agreement or any applicable law or if your conduct impacts Everything Sustainable's name or reputation or violates the rights of those of another party.
When the Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Everything Sustainable have benefitted from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Everything Sustainable, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach of the Agreement.
Compulsory - If a dispute arises out of or relates to the Agreement, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice - A party to the Agreement claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution - On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Sydney, NSW, Australia.
Confidential - All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation - If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Everything Sustainable is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Approved by E. de Vries, 13/01/2022