Terms of Use

1. These Terms of Use together with the Privacy Policy regulate the use of the Compost Revolution website located at http://www.compostrevolution.com.au/ and Compost Revolution participating Council websites located at http://www.compostrevolution.com.au/ [council subfolder name] (collectively referred to as "the website"). The Terms of Use together with the Privacy Policy apply to all users, (including their agents and assigns) of the website including participating Councils.

2.The website is provided by Revolution Apps Pty Ltd (“Revolution Apps” or “we”) under licence.

3. In order to become a participating Council for Compost Revolution you must read this Terms of Use and agree to be bound by it. You must also read and agree to be bound by the Privacy Policy.

4. The website is provided by Revolution Apps to be used to provide a platform for online education with participating Councils. As such the website is primarily designed to help you share information with the world. Most of the information that you provide Compost Revolution in connection with the use of the website is information you are asking us to make public.

5. These Terms of Use and the Privacy Policy may be varied from time to time. Such variations will be posted on the website. Each time that you use the website you accept and agree to be bound by the Terms of Use and the Privacy Policy as posted on the website at that time, including variations.

6. Variation to the Privacy Policy and Terms of Use will also be emailed to participating Councils.

7. If you are a participating Council and you do not agree to be bound by all variations in their entirety you must notify Revolution Apps immediately and terminate your membership. If you do not notify Revolution Apps immediately and terminate your membership, Revolution Apps will consider that you have accepted the varied Terms of Use and the Privacy Policy.

8. Variations to the Terms of Use and the Privacy Policy can only be made by Revolution Apps and in writing.

9. You are responsible for your use of the website. Revolution Apps will not be responsible for any material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by a user, Council or third party ("Material") that is not already the rights to Revolution Apps. Material may include but is not limited to any information including text, graphics, images, sounds and software.

10. Revolution Apps may not monitor or control Material and does not take responsibility for such Material. Any use of Material is at your own risk. Revolution Apps does not in any way endorse, guarantee or support the truthfulness, reliability, honesty, accuracy or lawfulness of any Material. Revolution Apps will not be liable for any loss or damage in any way arising from or in connection with any Material, including misleading, deceptive, offensive, defamatory, or unlawful Material.

11. In using the website, you agree that you will not cause, allow or permit, any Material to be posted, uploaded, communicated, submitted, displayed, downloaded or transmitted which:

a) Is misleading, deceptive, offensive, threatening, harassing, libellous or defamatory.

(b) Infringes a party’s privacy, confidentiality or intellectual property rights, including but not limited to trade mark, copyright and patent rights, or is in breach of the Privacy Policy.

(c) Is fraudulent or permits, enables or allows fraudulent acts.

(d) Is in breach or violation of, or permits, enables or allows a breach or violation of, applicable laws, including statute, common law and applicable rules and regulations.

(e) Compost Revolution in its sole and absolute discretion deems to be offensive, obscene, inappropriate, or otherwise unacceptable to Revolution Apps.

(f) Is or permits, enables or allows Spam.

(g) Intentionally or unintentionally contains, viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of members, users or other persons.

(h) Causes or may cause Revolution Apps to become liable or potentially liable for any claim for loss or damage or to suffer loss or damage.

12. In using the website you agree that you will not do, cause, allow or permit the following:

(a) Sending spam.

(b) Sending emails to non-specific addresses.

(c) Sending emails to be sent that result in spam or UCE complaints.

(d) Failing to promptly comply with any request from an email recipient to be removed from your email list.

(e) Disguising that an email came from you.

(f) Disguising the subject matter of an email.

(g) Sending "chain letters", "pyramid schemes", "junk mail", unsolicited or unauthorized advertising, promotional materials, or similar.

(h) Harvesting email addresses.

(i) Sending emails containing viruses, malware, spyware or other software, code or data which may cause harm, or may affect the security or proper operation of the website, software, the privacy of members, users or other persons.

13. You agree that Revolution Apps may remove, block or delete Material which Revolution Apps, in its absolute discretion believes to be of a nature described in clause 11 and 12 above.

14. Revolution Apps reserves the right to suspend or terminate, immediately and without prior notice, any membership of a participating Council, its agents or affiliates, where Revolution Apps, in its absolute discretion, believes the member is in breach of clause 11 above.

15. Revolution Apps shall not be liable for any transaction, financial or otherwise, communication or interaction by, between:

(a) users of the website or software and participating Councils; and

(b) participating Councils and third parties; and

(c) users of the website or software and third parties;

including loss or damage arising therefrom. Revolution Apps is not obliged to become involved in any dispute arising from or in connection with any such transaction, communication or interaction.You agree to release and indemnify Revolution Apps from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to such transactions, communications or interactions and disputes."

16. For the avoidance of any doubt Revolution Apps, does not endorse, is not a party to, and will not be in any way responsible for, any donations or any other transactions between users of the website or software, members or third parties.

17. For website users who pay for the purchase and/or delivery of goods through the website, or Revolution Apps:

(a) We offer returns (refunds) in line with your rights under Australian Consumer Law

“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

(b) In the event your order is delivered as faulty, damaged, or does not match the items ordered, we will gladly refund the price of your purchase, including delivery charges, with your proof of purchase, or provide an exchange if preferred. If this does occur, please contact your Council as soon as you identify the problem. 

(c) Please allow up to 10 business days to process your refund or exchange. Where goods delivered are faulty, damaged, or do not match the items ordered by you, Revolution Apps will arrange for pick-up of the items and cover all costs of return. 

18. For website users who do not pay for the purchase and/or delivery of goods through the website or Revolution Apps, you must contact the Council which sold and/or delivered the goods to you, to arrange for a refund or replacement.

19. Revolution Apps will respond to notices of alleged copyright or intellectual property infringement that comply with applicable law and are properly provided to Revolution Apps. Such notice must:

(a) Identify the work or material being infringed.

(b) Identify the material that is alleged to be infringing with sufficient information for Revolution Apps to find and verify its existence.

(c) Provide contact details of the party notifying Revolution Apps of the infringement, including name, address, telephone number and e-mail address.

(d) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law;

(e) Contain a physical or electronic signature of the copyright owner or a person authorised to act on their behalf

(f) Contain a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

20. Revolution Apps in its sole and absolute discretion, reserves the right to remove work or material alleged to be infringing without prior notice. Revolution Apps may also terminate, without prior notice, any membership where the participating Council has infringed copyright or intellectual property rights.

21. Revolution Apps does not endorse third party websites or other resources, linked to the website or software, or the content, products, or services available from such websites or other resources. Revolution Apps is not responsible or liable for the use of such third party websites or other resources.

22. The website and software is evolving and Revolution Apps intends to develop and incorporate changes to the website and software from time to time. The website and software is provided on an "as is" basis and no representation or warranties are made by Revolution Apps in respect of the use of the website or software, including that the website or software will: (a) be free from viruses or harmful components. (b) be free from errors or defects or that errors and defects will be rectified. (c) operate timely, or without disruption. (d) be suitable for any purpose for which you may use the website or software. (e) operate in combination with any other software, hardware, information or data. (f) operate securely. (d) not result in the loss of user, member or third party data or Material.

23. Revolution Apps will not be liable for any harm to your computer, loss of data in connection with or arising from the use of the website and software.

24. Revolution Apps provides support for participating Councils in respect of the website and software via email, full details are provided on the website. Revolution Apps cannot provide support in connection with the operation of the website or software in combination with any other software, hardware, information or data.

25. You are responsible for safeguarding your password and any other information or data necessary for you to effectively use the website or software.

26. Compost Revolution council memberships and access to certain services may require the payment of fees. Details of fees will be provided on the website or in writing from Revolution Apps. All fees are stated in AU dollars. Changes to fees from time to time will be provided on the website or emailed to members. If you do not agree to pay the new fees you may terminate your membership or access to the relevant service prior to the new fees coming into effect.

27. Participating Councils may use the Bin to Door Payment Gateway to facilitate transactions with website users.   

28. All transactions using the Bin to Door Payment Gateway will incur a transaction fee payable to Revolution Apps, as notified by Revolution Apps from time to time. The transaction fee applies to all Participating Councils using the Compost Revolution Payment Gateway, regardless of whether Revolution Apps is providing for the purchase and/or delivery of the Goods to website users.

29. To the extent permitted by law, all membership fees paid to Revolution Apps are non-refundable unless a member terminates its membership in accordance with clause 7 above or Revolution Apps terminates a membership other than for a breach of these Terms of Use or the Privacy Policy.

30. Participating Councils will have limited server resources for the hosting of member websites. Such limitations include CPU usage, memory usage, number of simultaneous port or database connections and total bandwidth usage.

31. You retain your rights to any Material posted, uploaded, communicated, submitted, displayed, downloaded or transmitted by you. You grant Revolution Apps a worldwide, non-exclusive, royalty-free license (with the right to sub license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed).

32. You warrant that you have the all of the rights, power and authority to grant the licence referred to in clause 25.

33. All right, title and interest, including intellectual property rights, in the website and software, excluding any Material, remains the property of Revolution Apps, its assigns, and licensors. Revolution Apps grants to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and website in accordance with these Terms and Conditions, the Privacy Policy and any directions given by Revolution Apps on the website or otherwise.

34. You agree to release and indemnify Revolution Apps from any claims, damages and demands of every kind, potential and actual, arising out of or in any way related to any breach by you of these Terms and Conditions and the Privacy Policy.

35. These Terms of Use and any action in connection with or in relation thereto will be governed by the law in force in New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales. All claims, legal proceedings or litigation arising in connection with the use of the website or software will be brought solely in New South Wales and you consent to the jurisdiction of such courts.

Disclaimer

This Website has been created to encourage the availability, dissemination and exchange of public information, however it has been created for information purposes only. While the material contained in this Website (“Material”) has been formulated with all due care, Revolution Apps does not provide any express or implied warranty or representation that the Material is free from errors or omissions, or that it is exhaustive.

Revolution Apps disclaims, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the Material and the Interactive Information.

Revolution Apps does not warrant or accept any liability in relation to the quality, operability or accuracy of the Material or the Interactive Information.

The Material and the Interactive Information are made available on the understanding that the Revolution Apps and their employees and agents will have no liability (including but not limited to liability by reason of negligence) to the users of the Website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the Material or the Interactive Information and whether caused by reason of any error, omission or misrepresentation in the Material or the Interactive Information or otherwise. Further, the views, opinions, standards or information expressed in the Interactive Information are not necessarily endorsed or supported by Revolution Apps.

Users of the Website will be responsible for making their own assessment of the Material and the Interactive Information and should verify all such representations, statements and information with their own professional advisers.

Furthermore, whilst the Material is believed to be true and correct as at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the Material. Changes are periodically made to the Material and Revolution Apps may make improvements and/or changes in the Material and/or the Website at anytime and accordingly Revolution Apps is not in any way liable for the accuracy of any information printed and stored by a user.

Revolution Apps takes no responsibility for the accuracy, currency, reliability and correctness of any information included in links or references to information sources (including Internet sites) outside of this Website.

In addition to the Material, the Website provides links to and from other Internet sites. These external information sources are outside the control of Revolution Apps and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links. Further, the inclusion or exclusion of a link to other Internet sites should not be interpreted as a sponsorship, endorsement or criticism of the provider or content of that Internet site by Revolution Apps.

The internet is not a secure medium and communications to and from the Website may be intercepted or altered in transit. Revolution Apps does not warrant or represent that this Website or any linked sites, are free from anything which may damage any computer used to access the site such as viruses or malicious code.