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Terms of Use

The Revival Cooperative App: Terms of Use.

Introduction

Welcome to Revival Cooperative. These terms of use are made between                 REVIVAL REUSE: ACN 663 910 736 (Company, us, we) and you in relation to your use of the Revival Application (Revival, Application). [Revival Cooperative]

By accessing Revival you are agreeing to make sure that Revival Cooperative App works for everyone. Your access and use of Revival Cooperative App constitutes your agreement to be bound by these terms and conditions.

Using Revival Cooperative App

As a condition of your use of Revival Cooperative App you agree that you will not:

  • violate any laws;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Revival or the interests or property of Revival users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Revival;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Revival and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Revival or Revival’s copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Revival;
  • use any tool that interferes with the normal functioning of Revival, including, without limitation, extensions, or other software which are designed to supplement, remove or otherwise change any of Revival’s functionalities; or
  • infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Revival Cooperative App and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Revival either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Revival Cooperative App, we may, at our discretion, inform other Revival Cooperative App users that have been in contact with you and recommend that they exercise caution.

Abusing Revival Cooperative App

Revival Cooperative App and its users work together to keep Revival working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Revival if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our mission (including, without limitation, circumventing temporary or permanent suspensions or harassing the Revival employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Revival or not, we do not have any obligation to monitor the information transmitted or stored on Revival and we do not accept any liability for unauthorised or unlawful content on Revival or use of Revival by users.

Display and placement of user listings

We strive to create a community where users can find what they are looking for. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:

  • users’ location and search query / category selected; and
  • listing category, content, location and date published.

Content

Revival contains content from us, you, and other users. Revival is protected by copyright laws and international treaties. Content displayed on or via Revival is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Revival without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Revival. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Revival (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the Revival corporate group, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Revival may at times use third party data suppliers to supplement the information you have provided in your listing. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Revival listing while your listing is on Revival. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Revival’s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting a listing. Revival is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with these Terms of Use and all Revival policies. If you notice inaccuracies in this data after your listing appears on the Application please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Revival by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Revival.

In order to report an infringement please email your report to info@revivalprojects.com.au

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Revival comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Revival, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to $50.

Release

If you have a dispute with one or more Revival users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Data Protection and Privacy

The Australian Privacy Principles

We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

What is “personal information”?

  • Personal information held by the Company may include your:
  • name and date of birth;
  • residential and business postal addresses, telephone/mobile/fax numbers and email addresses;
  • any information that you provided to us by you during your account creation process or added to your user profile;
  • preferences and password for using this Application and your connection information; and
  • any information that you otherwise share with us.

How we may collect your personal information

We only collect personal information that is necessary for us to operate the Application.

Information that you provide to us

We may collect personal information that you provide to us about yourself when you:

  • use this Application, including (without limitation) when you:
    • create a user account;
    • add information to your user profile;
    • add reviews, forum or chat room messages or comments in any elements of this Application that permit user-generated content;
    • complete an online contact form to contact us;
    • send us an email or other communication.

IP addresses

This Application may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this Application.

How we may use your personal information

Your personal information may be used in order to:

  • verify your identity;
  • make changes to your account;
  • respond to any queries or feedback that you may have;
  • conduct appropriate checks for credit-worthiness and for fraud;
  • prevent and detect any misuse of, or fraudulent activities involving, this Application;
  • conduct research and development in respect of our services;
  • gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or
  • maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
  • and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.

From time to time we may email our customers with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information

For the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this Application, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:

  • customer enquiries;
  • mailing systems;
  • billing and debt-recovery functions;
  • information technology services;
  • marketing, telemarketing and sales services;
  • market research; and
  • app usage analysis.
  • In addition, we may disclose your personal information to:
  • your authorised representatives or legal advisers (when requested by you to do so);
  • credit-reporting and fraud-checking agencies;
  • credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
  • our professional advisers, including our accountants, auditors and lawyers;
  • government and regulatory authorities and other organisations, as required or authorised by law;
  • organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
  • the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Contacting us about privacy

If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email or by post.

Access to your personal information

In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.

In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:

  • be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
  • have an unreasonable impact on another person’s privacy; or
  • prejudice an investigation of unlawful activity.

We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

Correcting your personal information

We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Storage and security of your personal information

We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our app hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

Changes to this Privacy Policy

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this application.

Mobile Devices Terms

Revival Cooperative Application Use. Revival grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Revival owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Revival’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Revival Application.

App Stores You acknowledge and agree that the availability of the Application may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms of Use are between you and the Company and not with the App.

General

These terms and the other policies posted on Revival constitute the entire agreement between Revival and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Victoria, Australia. You agree that any claim or dispute you may have against Revival must be resolved by the courts of Victoria, Australia.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to 41 Miller street, Fitzroy North. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Revival app, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.


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