YLab

Terms and Conditions

TERMS AND CONDITIONS

YLab is a social enterprise operated by the Foundation for Young Australians (www.fya.org.au). 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.ylab.global (‘Site’) is designed to promote our various initiatives, programs and work through YLab.
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 interactive online activities or event registration (together, ‘Terms and Conditions’). You also need to make sure you read and comply with any terms on an external website that you navigate to from a link on our Site.

PLEASE NOTE THIS SITE IS INTENDED FOR PEOPLE OVER THE AGE OF  18  YEARS.

The Terms and Conditions constitute the terms of 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. Law of this Agreement 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 not prohibited by and complies with your local laws.
  2. Disclaimer, limitation of liability and indemnity
    1. You use the Site and participate in any program, event, challenge, campaign or initiative is at your own risk. Material, content and information posted by FYA on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. Content posted by others is provided by and is solely the responsibility of the user providing that content. While FYA will endeavour 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).
    2. To the maximum 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 as a result of your use of the Site or otherwise in connection with the Site or initiative, including arising out of:
      1. 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;
      2. your participation in an initiative. You undertake those activities on your own initiative, at your own risk, and take responsibility for their outcome; or
      3. any involvement you might have with a third party while in the course of being part of an initiative, whether on the internet, or in a physical location. You understand that such third party is not an employee or representative of FYA, they are an independent party, your relationship with them is not subject to these Terms and Conditions and you might have other responsibilities and rights in relation to those third parties.
    3. To the maximum 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.
    4. To the maximum extent permitted by law, we exclude all conditions, guarantees and warranties relating to your use of the Site (including participation in Challenges) 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:
      1. 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
      2. 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.
    5. If your conduct at the Site 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.
  3. Intellectual Property
    1. The contents of this Site including all Site software, its design, text, images, photographs, illustrations, audio and video material, artwork, graphic or written material (except Your Material), databases, proprietary information and all copyright protected or otherwise legally protectable elements of the Site including all improvements, additions or modifications to the Site, are (as between FYA and you) the property of FYA. You must not allow use or allow another person or organisation to use any of that content. If you believe that someone might be breaching this section we urge you to please contact us immediately.
    2. By posting on the Site or providing us with information (Content) you warrant that you own or are licensed to use that Content.
    3. You grant to FYA a revocable, free, worldwide, non-transferable, non-exclusive licence to use the Intellectual Property Rights of your Content.
    4. 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.
  4. Personal information
  5. We may collect personal information in order to operate the Site and conduct 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 an initiative or other opportunity 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.
  6. Severability If any part of this Agreement 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 this Agreement.
  7. Modifications We like to mix things up, and we might expand or launch new programs, so the Site will change frequently and its form and functionality may change without prior notice to you. We will also need to update 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.
  8. 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 info@fya.org.au;
    • call + 613 9670 5436; or
    • go to the “Contact Us” section on our Site.
  9. Effective Date These Terms and Conditions were last updated on 17 July 2016.