Terms & Conditions

Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
    (a) Welcome to https://www.churchsupportaustralia.com/ (the ‘Website’). The
    Website Templates, Graphics, Virtual Assistance, Administration Services,
    Websites, (the ‘Services’).
    (b) The Website is operated by Church Support Australia(ABN 68 579 529 907).
    Access to and use of the Website, or any of its associated Products or Services, is
    provided by Church Support Australia. Please read these terms and conditions
    (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this
    signifies that you have read, understood and agree to be bound by the Terms. If
    you do not agree with the Terms, you must cease usage of the Website, or any of
    Services, immediately.
    (c) Church Support Australia reserves the right to review and change any of the
    Terms by updating this page at its sole discretion. When Church Support Australia
    updates the Terms, it will use reasonable endeavours to provide you with notice of
    updates to the Terms. Any changes to the Terms take immediate effect from the
    date of their publication. Before you continue, we recommend you keep a copy of
    the Terms for your records.
  2. Acceptance of the Terms
    (a) You accept the Terms by remaining on the Website. You may also accept the
    Terms by clicking to accept or agree to the Terms where this option is made
    available to you by Church Support Australia in the user interface.
  3. Subscription to use the Services
    (a) In order to access the Services, you must first purchase a subscription through the
    Website (the ‘Subscription’) and pay the applicable fee for the selected
    Subscription (the ‘Subscription Fee’).
    (b) In purchasing the Subscription, you acknowledge and agree that it is your
    responsibility to ensure that the Subscription you elect to purchase is suitable for
    your use.
    (c) Once you have purchased the Subscription, you will then be required to register
    for an account through the Website before you can access the Services (the
    ‘Account’).
    (d) 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) Email address
    (ii) Preferred username
    (iii) Mailing address
    (iv) Telephone number
    (v) Password
    (vi) Church or Organisation associated with
    (e) You warrant that any information you give to Church Support Australia in the
    course of completing the registration process will always be accurate, correct and
    up to date.
    (f) Once you have completed the registration process, you will be a registered
    member of the Website (‘Member’) and agree to be bound by the Terms. As a
    Member you will be granted immediate access to the Services from the time you
    have completed the registration process until the subscription period expires (the
    ‘Subscription Period’).
    (g) You may not use the Services and may not accept the Terms if:
    (i) you are not of legal age to form a binding contract with Church Support
    Australia; 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. Your obligations as a Registered User
    (a) As a Registered User, you agree to comply with the following:
    (i) you will use the Services only for purposes that are permitted by:
    (A) the Terms; and
    (B) any applicable law, regulation or generally accepted practices or
    guidelines in the relevant jurisdictions;
    (ii) you have the sole responsibility for protecting the confidentiality of your
    password and/or email address. Use of your password by any other person
    may result in the immediate cancellation of the Services;
    (iii) any use of your registration information by any other person, or third
    parties, is strictly prohibited. You agree to immediately notify Church
    Support Australia of any unauthorised use of your password or email
    address or any breach of security of which you have become aware;
    (iv) access and use of the Website is limited, non-transferable and allows for
    the sole use of the Website by you for the purposes of Church Support
    Australia providing the Services;
    (v) you will not use the Services or the Website in connection with any
    commercial endeavours except those that are specifically endorsed or
    approved by the management of Church Support Australia;
    (vi) you will not use the Services or Website for any illegal and/or unauthorised
    use which includes collecting email addresses of Members by electronic or
    other means for the purpose of sending unsolicited email or unauthorised
    framing of or linking to the Website;
    (vii) you agree that commercial advertisements, affiliate links, and other forms
    of solicitation may be removed from the Website without notice and may
    result in termination of the Services. Appropriate legal action will be taken
    by Church Support Australia for any illegal or unauthorised use of the
    Website; and
    (viii) you acknowledge and agree that any automated use of the Website or its
    Services is prohibited.
    (ix) all templates are not official documents of specific Churches. They require editing to suit the legal requirements of each Church or organisation.
  5. Payment and Donations
    (a) Where the option is given to you, you may make payment or a donation
    by way of:
    (i) Electronic funds transfer (‘EFT’) into our nominated bank account
    (ii) Credit Card Payment (‘Credit Card’)
    (iii) PayPal (‘PayPal’)
    (iv) Cash (‘Cash’)
    (v) Cheque (‘Cheque’)
    (b) All payments made in the course of your use of the Services are made using
    Paypal. In using the Website, the Services or when making any payment in
    relation to your use of the Services, you warrant that you have read, understood
    and agree to be bound by the Paypal terms and conditions which are available on
    their website.
    (c) You acknowledge and agree that where a request for the payment of the
    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 Fee .
    (d) You agree and acknowledge that Church Support Australia can vary the
    Fee at any time and that the varied Fee will come into effect following the conclusion of the existing Subscription Period.
  6. Refund Policy
    Church Support Australia will only provide you with a refund of the Fee in the event they are unable to continue to provide the Services or if the manager of
    Church Support Australia makes a decision, at its absolute discretion, that it is
    reasonable to do so under the circumstances. Where this occurs, the refund will be in
    the proportional amount of the Fee that remains unused by the Member
    (the ‘Refund’).
  7. Copyright and Intellectual Property
    (a) The Website, the Services and all of the related products of Church Support
    Australia 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 Services 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 Services are owned or controlled for these purposes, and are
    reserved by Church Support Australia or its contributors.
    (b) All trademarks, service marks and trade names are owned, registered and/or
    licensed by Church Support Australia, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:
    Church Support Australia does not grant you any other rights whatsoever in
    relation to the Website or the Services. All other rights are expressly reserved by
    Church Support Australia.
    (i) use the Website pursuant to the Terms;
    (ii) copy and store the Website and the material contained in the Website in
    your device’s cache memory; and
    (iii) print pages from the Website for your own personal and non-commercial
    use.
    (c) Church Support Australia retains all rights, title and interest in and to the Website
    and all related Services. Nothing you do on or in relation to the Website will
    transfer any:
    (i) business name, trading name, domain name, trade mark, industrial design,
    patent, registered design or copyright, or
    to you.
    (ii) a right to use or exploit a business name, trading name, domain name,
    trade mark or industrial design, or
    (iii) 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),
    (d) You may not, without the prior written permission of Church Support Australia 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 Services or third party Services for any purpose, unless otherwise
    provided by these Terms. This prohibition does not extend to materials on the
    Website, which are freely available for re-use or are in the public domain.
  8. Privacy
    (a) Church Support Australia takes your privacy seriously and any information
    provided through your use of the Website and/or Services are subject to Church
    Support Australia’s Privacy Policy, which is available on the Website.
  9. General Disclaimer
    (a) Nothing in the Terms 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.
    (b) Subject to this clause, and to the extent permitted by law:
    (i) all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in the Terms are excluded; and
    (ii) Church Support Australia 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 Services or these Terms (including as a result
    of not being able to use the Services or the late supply of the Services),
    whether at common law, under contract, tort (including negligence), in
    equity, pursuant to statute or otherwise.
    (c) Use of the Website and the Services is at your own risk. Everything on the Website
    and the Services 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 Church Support Australia make any express or
    implied representation or warranty about the Services or any products or Services
    (including the products or Services of Church Support Australia) referred to on the
    Website, includes (but is not restricted to) loss or damage you might suffer as a
    result of any of the following:
    (i) 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;
    (ii) the accuracy, suitability or currency of any information on the Website, the
    Services, or any of its Services related products (including third party
    material and advertisements on the Website);
    (iii) costs incurred as a result of you using the Website, the Services or any of
    the products of Church Support Australia; and
    (iv) the Services or operation in respect to links which are provided for your
    convenience.
  10. Limitation of liability
    (a) Church Support Australia’s total liability arising out of or in connection with the
    Services or these Terms, however arising, including under contract, tort (including
    negligence), in equity, under statute or otherwise, will not exceed the resupply of
    the Services to you.
    (b) You expressly understand and agree that Church Support Australia, 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.
  11. Termination of Contract
    (a) The Terms will continue to apply until terminated by either you or by Church
    Support Australia as set out below.
    (b) If you want to terminate the Terms, you may do so by:
    (i) providing Church Support Australia with 4 days’ notice of your intention to
    Your notice should be sent, in writing, to Church Support Australia via the ‘Contact
    Us’ link on our homepage.
    terminate; and
    (ii) closing your accounts for all of the services which you use, where Church
    Support Australia has made this option available to you.
    (c) Church Support Australia may at any time, terminate the Terms with you if:
    (i) you have breached any provision of the Terms or intend to breach any
    provision;
    (ii) Church Support Australia is required to do so by law;
    (iii) the provision of the Services to you by Church Support Australia is, in the
    opinion of Church Support Australia, no longer commercially viable.
    (d) Subject to local applicable laws, Church Support Australia reserves the right to
    discontinue or cancel your membership 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 Terms or any applicable law or if
    your conduct impacts Church Support Australia’s name or reputation or violates
    the rights of those of another party.
  12. Indemnity
    (a) You agree to indemnify Church Support Australia, its affiliates, employees, agents,
    contributors, third party content providers and licensors from and against:
    (i) 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;
    (ii) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so; and/or
    (iii) any breach of the Terms.
  13. 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 the President of the TBD or his or her nominee;
    (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 South Australia, Australia.
    (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 360 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.
  14. Venue and Jurisdiction
    (a) The Services offered by Church Support Australia 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 South Australia, Australia.
  15. Governing Law
    (a) The Terms are governed by the laws of South Australia, 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 South Australia, 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.
  16. Independent Legal Advice
    (a) 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.
  17. Severance
    (a) 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 Karen Stuckey
    Date: 6th September 2021
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