Terms and Conditions
1. About the Platform
Welcome to Greenbrand.org (‘the platform’).
Our mission is Creating and maintaining digital ecosystems that facilitate individuals, businesses and groups to repair the world’s environmental and social ecosystems, one documented good deed at a time.
Bushcare Solutions Pty Ltd ACN 646230917 has built and operates the GreenBrand.biz digital platform. The platform enables people to record and display their good environmental deeds, connect with each other, build and educate an environmentally aware community. The platform also allows businesses, groups and organisations to display the good deeds of their members and staff to the wider public. The ability to record and post user content on the platform and interact with other users are the services (‘Services’).
These Terms and Conditions (‘Terms’) govern your use of the Greenbrand.org platform, the messaging system and any other products, platforms, features, apps, services, technologies and software that we offer or will offer in the future, except where we expressly state that separate terms (and not these) apply.
Please read these Terms carefully. By using, browsing, reading and/or accessing the platform, associated Products or Services, you agree to be bound by these Terms, and if you do not agree to these Terms, then you must cease usage of the platform, or any of our Services, immediately.
We reserve the right to review and amend any of these Terms from time to time, by posting an updated version of the Terms on the platform. If these Terms are amended, we may use reasonable endeavours to provide you with notice of the amended Terms. Any updates to these Terms will take immediate effect from the date of their publication and you must comply with the updated Terms. If you do not agree to the updated Terms, you must immediately cease using the platform and our Services. Before you continue, we recommend that you keep a copy of the Terms for your records and check the Terms regularly for any updates.
2. Acceptance of the Terms
You accept the Terms by creating a profile on the platform and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by in the user interface.
By using this platform and the services we provide to you through the platform, you confirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these terms with your parent or legal guardian and he or she or they agrees to these Terms on your behalf and takes full responsibility for your compliance with them. You agree that you (and your parent or guardian) are fully able and competent to enter into and comply with these Terms.
3. The Services
(a) In order to access the Services, the user is required to register a profile through the Platform.
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Valid email address
(ii) Preferred username
(iii) Password
(c) You warrant that any information you give to in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Platform ('Member') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are under the age of 18 without parental or guardian approval as per 2. Acceptance of Terms above; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. 4. Subscription We don't charge individuals to use Greenbrand.org or the other products and services covered by these Terms. It is free for an individual to access and use the platform, register a personal profile in their own name, then record activities done and display on their personal profile. For any grouping of people, whether it be a Business (including Sole trader, partnership etc) or organisation, association, formal or informal, before the group is able to use our Services and display the good deeds and activities of your employees and members, the group’s designated person who has priorly registered a personal profile, will need to: (a) register a “Brand Group” profile on that person’s personal profile; and (b) purchase a subscription through the platform to access our Services (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). The Subscription fee is annual. Is due each year on the anniversary of the initial fee being paid. In order to register a Brand Group profile, you must: (c) provide accurate AND CURRENT information about the organisation; and (d) not have been barred from receiving the Services or using the Platform under the laws of Australia or other countries including the country in which you are resident or from which you use the Services or access the Platform. For more information about what information we collect and how we use it, please check out our Privacy Policy. [https://Greenbrand.org/privacy/] For an Individual member you must keep your login details and password for the Platform confidential, and not disclose them to any person, or authorise or permit any other person to use the Platform using your login details or password. If you breach your obligations under this paragraph and another person uses your login details or password for the Platform, you are responsible and liable for the use that person makes of the Platform with your login details or password, as if that use of the Platform was by you. You must promptly notify us by email to [greenbrand@greenbrand.biz] if: (a) there is any change to any of the contact or other details you register with us; or (b) you have reason to believe that another person is aware of your password for the Platform. For an Organisation’s Designated Person, you must keep your login details and password for the Platform confidential, and not disclose them to any person except someone deemed to also be of the level of a designated person, or authorise or permit any other person who is not a designated person for that organisation to use the Platform using your login details or password. If you breach your obligations under this paragraph and another person uses your login details or password for the Platform, you are responsible and liable for the use that person makes of the Platform with your login details or password, as if that use of the Platform was by you. You must promptly notify us: (a) by email to [greenbrand@greenbrand.biz] IF there is any change to any of the contact or other details you register with us; or VIA MOBILE 0413 592 049 if (b) you have reason to believe that another person is aware of your password for the Platform, or another urgent matter. 5. Prices Businesses (including sole traders etc), informal and formal groups and organisations (including NFP) pay Bushcare Solutions Pty Ltd to utilise the platform and display the good deeds performed by the business owners, employees, or members of a group. A business may also pay to display advertisements for their products and services. We will NOT use your personal data for advertising, other than the physical location entered into the address section of the user profile, in order to display advertisements that are geographically relevant. Pricing structure is based upon the number of potential users displaying under a particular Greenbrand profile (i.e. a business, organisation, informal group) Although we strive to keep our subscription fees at an affordable level, we reserve the right to increase the pricing of the platform during the term of your contract. The new subscription fee will be payable at the renewal of the subscription. 6. Your obligations as a Member You must not use (or attempt to use) the platform: (a) for any unlawful or dishonest activity, or any activity prohibited by these Terms; (b) to access, transmit, publish or communicate material which: i). is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; ii). is xenophobic, racist, abusive, harassing or hateful; iii). is invasive of a person’s privacy or constitutes personal abuse directed at other users; iv). constitutes spam; v). contains a virus or other harmful code; vi). infringes a person's copyright or other rights (including any other intellectual property rights); or vii). contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above; (c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service; (d) to transmit, publish or communicate bulk and/or unsolicited messages; (e) in any way that may bring negative exposure or harm to us, our suppliers or other users of the platform; or (f) in any way that may cause us, our suppliers or other users of the platform to incur liability to a third party. We may ask you to cease any conduct which we believe is contrary to these Terms, and you must comply with any such request. We may at any time terminate and block your access to the platform or the services provided by the platform for any reason, in our discretion. To help support our community, we encourage you report content or conduct that you believe violates your rights at Greenbrand.org/contact. The platform’s purpose is to showcase good environmental deeds and activities are to be carried out with good intent. Platform users may have differing opinions on priorities and how best to address a particular environmental scenario. We ask that any interactions or discussions about a particular post or user, especially where there is a difference in opinion, are conducted civilly and respectfully. 7. Payment After creating a Greenbrand profile for your business and paying the appropriate Subscription fee via Stripe, you will be provided immediate access to the Services. The Subscription Fee is payable as agreed between you and us upfront and is valid for one year, or until the indicated subscription period expires (the 'Subscription Period'). All payments to be made to us in respect of any Subscriptions must be made using Stripe, and you warrant that you have acknowledge and agree to be bound by the applicable Stripe terms and conditions in using their service. If the option is provided to you, payment of the Subscription Fee may also be made by credit card. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee. We reserve the right to vary the price for Subscriptions at any time, by posting revised pricing our Website. The varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period. 8. Points and Monetary Gifts Points are allocated on the Platform to an individual member when that member posts a story and activities. Currently points are allocated as follows; 4 points for each hour of work performed, 5 points for planting a tree, 3 points for removing/killing vines on each tree and 1 point for telling and posting a story. We reserve the right to amend the amount and method of the allocation of points on the platform at anytime. Any changes will be updated here in the Terms and Conditions and on the platform. The allocation of points serves two purposes: All money transfers are made using Stripe. Their Terms and Conditions are found here (Stripe Connected Account Agreement). Please note the fees for using this service; a) There is a A$0.30 fee per each transaction. This goes to Stripe. b) There is a 2.9% fee of the total amount. This goes to Stripe. c) There is a 2% fee of the total amount. This goes to Bushcare Solutions Pty Ltd. 9. Refund Policy The Returns process provided in this section is in addition to any rights you may have under the Australian Consumer Law and other laws. We will only provide you with a refund of the Subscription Fee in the event we are unable to continue to provide the Services or if we decided, at our absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will calculated and determined by us as being a proportional amount of the Subscription Fee that remains unused by you (the 'Refund'). 10. Using the Website You must provide your own internet access and Device in order to use the Service. You are responsible for all internet access, data download and other network charges from your use of the Service and you acknowledge and agree that we have no responsibility or liability for those charges. You are responsible for the operation and maintenance of your Device and for ensuring the Service is accessible from your Device. 11. Performance of the Platform We will use reasonable endeavours to make the platform available all hours. However, the availability of the platform depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that: (a) you will be able to use the platform at any time; or (b) your use of the platform will be continuous, uninterrupted, secure or error-free. Whilst we will endeavour to do our best we make no guarantee as to the reliability or performance of the platform. You acknowledge and agree that the platform may not be available for use from time to time, and that you may be disconnected from your use of the platform at any time for any reason, including if: (i) any network connection difficulties occur; (ii) the systems providing those services are unavailable for any reason (including so that maintenance can be performed); (iii) you breach any of these Terms; or (iv) we decide to terminate your access to those services for any reason. The information available through the platform is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the platform is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the platform is current, complete and accurate before using it. Subject to the section headed Limitation of Liability (14) below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph. 12. Copyright and Intellectual Property When the Service requires or includes downloadable software (Greenbrand.org), unless that software is governed by additional terms which provide a license, BushCare Solutions Pty Ltd gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Bushcare Solutions Pty Ltd as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Bushcare Solutions Pty Ltd and all its subsidiaries in the manner permitted by these Terms. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission. 13. Privacy We don't collect on behalf of, or sell your personal data to, advertisers, government or any other party within or outside BushCare Solutions Pty Ltd, subject to applicable law. We aim to protect your sensitive personal information, such as by not requesting your age or gender, and by not showing your full address on your public profile on the platform. Our platform is hosted upon AWS cloud computing, with their inbuilt security systems. Business specific data is entered by that Business’s designated person and this data is intended to be displayed for marketing purposes to users of the platform. We will not on sell this data to third parties, nor the employees’ details or created content. We encourage businesses and organisations to attach on their profile their own terms and conditions for using this social network, or any relevant policies on how employees should conduct themselves on behalf of their employer. Tuition videos can also be attached. User created content posted on the platform is displayed publicly, and this data can be used by any interested party on the platform as inspiration to also do good deeds to help repair our world. User content can also help collaboration between platform users, and to help users make decisions and form opinions on how businesses and their employees on Greenbrand.org are helping the environment. We may collect, use and store your personal information in accordance with these Terms, the Privacy Policy and applicable legislation, including for the purposes of making available the Platform, complying with our legal obligations, and improving the user experience in relation to the Platform. If you use the Platform, the information that we may collect and store includes, without limitation: (a) the type of operating system and/or other software or firmware used by your Device; (b) the data you send and receive using the Platform, and the type and quantity of that data; (c) the dates on which and times at which you use the Platform; and (d) the IP and MAC address of your Device. You represent and warrant to us that the personal information you provide to us is complete and accurate. 14. General Disclaimer To use the Platform and its features as intended, you must: (a) enable the Platform to use cookies; and (b) grant it any other permissions and access to your Device that it requires from time to time. If you do not grant these permissions and this access, you may be unable to use the Platform or some of its features. We do not warrant or guarantee the security of the Platform. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code. 15. Limitation of Liability You acknowledge and agree that your access to, and use of, the Platform or the Services is at your own risk. To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void). Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Platform, including, without limitation: (a) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary losses; and (b) any other losses or (c) physical or mental personal injury of any person incurred during the performance of doing activities posted and/or intended to be posted on the greenbrand.biz platform, including travel to and from the site of the activity, and associated activities prior to and post the ‘Story activity’. Platform members should consult with their doctor and obtain clearance prior to performing any activities if there are pre-existing health conditions, symptoms, physical and mental age-related considerations or fitness issues that may impact upon a person doing an activity. Platform members should dress appropriately for activities undertaken outside, with respect to the weather and the physical conditions. Protective clothing and accessories should be worn, such as long sleeves and protective eyewear when there is a risk of cuts from vegetation. Platform members should follow all legislation, orders, advice, and directions of the landowner and/or custodian of the land upon which an activity is undertaken. 16. Termination of Contract If you want to terminate your Subscription with Greenbrand.org, you may do so by: (a) providing Greenbrand.org with 30 days' written notice of your intention to terminate via the 'Contact Us' link on our homepage; and (b) closing your accounts for all of the services which you use, Greenbrand.org has made this option available to you. 17. Indemnity You agree to indemnify Bushcare Solutions Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) 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; (b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; and/or (c) any breach of the Terms. 18. Dispute Resolution a) Compulsory: If a dispute arises out of or relates to the Terms, 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). (b) Notice: A party to the Terms 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. (c) Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: (i) Within 14 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; (ii) 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 by Queensland Civil and Administrative Tribunal (QCAT). (iii) 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; (iv) The mediation will be held in Brisbane, Queensland, Australia, or remotely as nominated by us. (d) 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. (e) Termination of Mediation: If 7 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. 19. Venue and Jurisdiction The Services offered by Greenbrand.org is intended to be viewed by residents of Australia, but can be the world. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 20. Governing Law The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, 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. 21. Independent Legal Advice Both parties confirm and declare that the provisions of the Terms are fair and reasonable. However, that should there be any queries, independent legal advice should be sought before entering into the agreement. 22. Severance 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. 23. Miscellaneous We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy. These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts Queensland, Australia and the courts having appeal from them. 24. Interpretation In these Terms: "Australian Consumer Law" has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth); "Consumer" has the meaning given to that term by section 3 of the Australian Consumer Law; “Device” means your own internet-enabled device that is compatible with the Platform and has a current and working internet connection; "Loss" means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning; and “Privacy Policy” means our privacy policy, as amended from time to time and published on our website, accessible using the address [https://www.greenbrand.biz/privacy]. 25. Suspension, withdrawal of or changes to the Website We reserve the right to: (a) suspend your use of, or withdraw, the Website and/or any of its features or components; and (b) add to, amend, remove, or disable access to, any part of the Website and/or any of its features or components, in each case at any time and for any reason, without notice to you. If requested by us, you must immediately stop using or accessing the Website. Notwithstanding the above, if an input error is noticed, or if questions are raised about the validity of any aspect of a particular story or brand group, the administrators of the platform will endeavour to contact you prior to any permanent amendment to the data being made.