Terms and Conditions

The Foundation for Young Australians (‘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.fya.org.au (‘Site’) is designed to promote our various initiatives, programs and campaigns. We have been inspired by you to support a movement of young people who have the courage, imagination and will to make a difference. It’s the ultimate journey of discovery for young people to explore, learn, get amongst it and give back to the world.

This Site was created for young people to share their inspirational experiences with other young people who are involved or interested in our work. It provides a platform by which everyone can share and compare ideas. We want you to enjoy using our Site but we also want to provide a safe and secure online environment for you and other young people who join our community. We have created online security measures and specific rules about how you use certain parts of our Site, like blogging, challenges, and campaigns, which are outlined below. 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, event registration or competitions (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 AGED 13 TO 26 YEARS.

Certain initiatives or challenges on our Site might also have more specific age restrictions. We are not yelling, this is just very important. If you are under 18 years of age, you must ask a parent or guardian if it is okay to register on this Site. In certain circumstances you might also have to provide us with contact information for your parent or guardian so that we can obtain their consent to certain initiatives, events or programs or Site related activities. We reserve the right to verify your age as we don’t want creepy 40 year olds using the Site, therefore we may conduct random searches to ensure you are who you say you are. If we do discover you are under 18 and don’t have your parent’s or guardian’s consent to be on here or you are over any nominated age limit, we reserve the right to restrict your continued access to the Site and FYA activities.

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. Netiquette. All content contributed by you to our Site must adhere to the following criteria and may be edited or removed at the discretion of FYA without notice if it is deemed to contravene this policy. Also check out our Prohibited Use process in clause 6 as we are serious about keeping the Site an optimistic space to connect with and we WILL NOT tolerate troublemakers.

    WHAT WE WANT!

    • We want content to be interesting and constructive, with a ‘social change’ flavour
    • Discuss issues you care about- if you care about them, we care about them
    • Have open, honest, respectful debates about issues that matter
    • Report posts that violate these Terms and Conditions
    • Post awesome photos and updates about your FYA adventures
    • Give us feedback if you think we can do something better

    WHAT’S NOT ON!

    • Private stuff: Please keep conversations relevant. Off-topic content is subject to removal. Don’t share personal or private information. Remember that blogging and message boards can be seen by others and become PUBLIC information, so exercise caution.
    • Personal attacks or hate speech: Spread love and not hate. Speak your mind without offending others. Racism, sexism and homophobia will not be tolerated!
    • Obscene content: Don’t post or distribute content that is obscene or indecent, depicts violence, sexual activity or pornography; or contains instructions in crime or drug use.
    • Threats: Please watch your language and respect other people’s views, beliefs and emotions. Don’t post content that might be found to defame, be harassing, extremely offensive, threatening, advocates the use of force or violence towards any person or encourages, endorses, approves or recommends the performance of dangerous or illegal acts.
    • Spam: Spam in all forms is not acceptable. It will be removed from our systems immediately.
    • Unauthorised use: Don’t post copyright material (like photos, videos, extracts from books or magazines) or material created by others without direct permission. Although your tech prowess is probably far more advanced than ours, don’t access, probe or otherwise attempt to mess with the Site, including trying to breach or circumvent any security or authentication measures on the Site.
    • Misrepresentation: Exaggeration is one thing, but don’t make misrepresentations or provide false or misleading information. Don’t impersonate any person or suggest a connection to a group or organisation that is misleading. We will try and distinguish between constructive arguments and smear tactics but will remove any comments that are malicious or may damage the reputation of FYA or our online community.
    • Quality not quantity: We encourage you to take responsibility for the quality of content you upload to the Site. Don’t post direct solicitations for funds or advertisements for goods or services. We might also impose limits on the size of files uploaded by users in blogs or filter, remove or refuse to post files which interfere with the technical operations of the FYA network including files which threaten to overload or crash a system.
    • Watch what you link: Ensure you know the organisation you are linking to. If you think there is someone or something we should really know about let us know and we will utilize our discretion in choosing to use it or not. Web links do not last forever, so quote or summarise interesting info you find to benefit others in the future.
    • Virus transmission: As if we need to remind you, but don’t submit or upload anything that contains a virus or other code that has harmful or destructive properties.
    • Don’t be a dummy and meet up with anyone you have met online and do not reply to inappropriate messages. Tell a trusted person over 18 if you ever feel unsafe.
  2. Challenges: The following terms apply specifically to doing a Challenge:
    1. To accept a Challenge on the Site, click onto the specific Challenge and read the description provided. Take note of the number of Creds being awarded and the time that is allocated to finish the Challenge. Click, ‘ACCEPT CHALLENGE.’ It is then up to you to complete the Challenge within the specified time period.
    2. Creds form a social currency that are awarded to a user to celebrate them completing volunteering and social action activities.
    3. Completion at the moment is a self-assessment process, by which it is your responsibility to confirm your successful completion of the Challenge. You are required to blog about your participation in the Challenge as proof or evidence of completion (Please note there may be specific terms attached to certain Challenges, so make sure you check these out prior to accepting).
    4. You can try to complete a Challenge as many times as they like, but once completed, you cannot accept the Challenge again.
    5. FYA reserves the right to change the amount of Creds awarded at any time (including any rewards attached to a Cred) without prior notice, by posting a revised amount on the Site. Such changes will be effective immediately from the time the changes are posted on the Site. Your continued access or use of the Site after those changes are posted shall be deemed your acceptance of those changes.
    6. We reserve the right to use our discretion in the award and allocation of Creds. If fraudulent conduct is discovered (you pretend you have completed a challenge), we reserve the right to withdraw the Creds you received as a result of your fraudulent (dumb) behaviour.
    7. You participate in Challenges at your own risk and you, by your participation, accept the possible risks of which a reasonable person is or should be aware.
    8. We may in the future use Third Party Program Partners to organise and verify the completion of Challenges.
    9. In accepting these Terms and Conditions, you understand that receiving Creds is a privilege (and obviously designed to benefit YOU), so do not abuse this gift.
  3. Start Year with Young People Without Borders
    1. If you are doing a Start Year, then CONGRATULATIONS, you have been accepted to do a volunteering placement in Australia or the Asia- Pacific. Placements run for 3-9 months. Doing a Start Year celebrates the huge and intensive personal development that young people can gain from their experience volunteering in a community dramatically different to their own.
    2. These Terms and Conditions and the Privacy Policy apply to you in relation to your use of this Site. IN ADDITION, please note that FYA DOES NOT run or coordinate the Start Year placements. Independent third parties entirely separate from FYA do this. You are contractually bound to the Third Party whom you are travelling with and need to refer to their policies and procedures. However if we see something that is posted on our Site that rings alarm bells, such as someone is at risk or in danger, FYA will, with enthusiasm, reserve the right to report this immediately to the Police, the Third Party or any other organisation listed in, but not limited to those in, clause 8.
    3. FYA is also involved in selecting volunteers to participate in a start year, and in some cases be awarded a scholarship. The award of a scholarship is in FYA’s discretion, and we use a set of criteria developed by FYA from time to time.
    4. FYA does not provide the volunteer with insurance of any kind. Travel insurance is mandatory for each volunteer, and the volunteer will need to purchase this prior to departing on the trip. FYA reserve the right to request details and confirmation that volunteer’s have secured appropriate health and travel insurance coverage prior to departure.
    5. The volunteer agrees to comply with the partner organisation’s code of conduct and waiver.
    6. FYA and its partner organisations reserve the right to remove the volunteer from the program at any time.
  4. User generated content.The views, opinions, and comments expressed by others on the Site, including blogging pages or message boards, DO NOT reflect the views and opinions of FYA. You are solely responsible for any content or material which you post or upload on the Site, or which is posted by another person using your user name or password.
  5. Moderator. Every member and user on the Site and the FYA on-line community acts as a moderator through the reporting of abuse or misuse. FYA will also moderate users and content on a regular basis and in accordance with the process outline in clause 6 below. As our community grows we might also engage a network of volunteer youth moderators that monitor posts for content and edit / hide / delete messages where appropriate.
  6. Prohibited use and termination
    1. FYA has complete discretion to decide if the Site has been used in a way that disregards “What we want” and “What we do not want” as outlined in clause 1 above. If we think that the Site has been used in an inappropriate way we retain the right to remove that content immediately and without your consent.
    2. Please note that for minor blunders we have a ‘three strikes and you’re out’ policy in operation. Under this policy, you will be notified of inappropriate use (‘one strike’). If you receive three strikes we reserve the right to terminate or suspend your registration or bar you from any further use of the Site. FYA will assume goodwill and not jump to conclusions, so if you have simply made a mistake, do not stress, let us know.
    3. However if we think there has been serious misconduct or a breach or gross violation of these Terms and Conditions or for any other reason we consider prudent, the ‘three strikes’ policy will not apply, and instead we reserve the right to immediately and without prior notice terminate your participation on the Site (or any program you or initiative you are participating in) and/or suspend or restrict your access to the Site. Upon termination your right to use or access this Site will immediately cease, but all provisions of these Terms and Conditions that relate to intellectual property, warranty disclaimers and limitations of liability will continue to apply. Our moderator may, at their discretion, contact your Internet Service Provider and they may SHUT DOWN YOUR INTERNET ACCESS. Internet access is a privilege. Think carefully about your online activities. You never know who might be watching.
    4. FYA does not directly support or push any political, social, or religious agendas. However, FYA does reserve the right as outlined above to delete content if it’s off topic, ‘spam’ in nature, abusive, infringes intellectual property rights, uses excessive foul language or includes personal attacks. Content may also be considered for removal:
      1. if required by law, for example, in response to a court order;
      2. in response to a law enforcement agency’s request; or
      3. where we believe removal is necessary to investigate, prevent, or take actions regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of these Terms and Conditions, or as otherwise required by law.
  7. Please report abusive blogsThis Site allows users to continually post blogs. FYA will always do our upmost to ensure the website is being used in accordance with the “What we want” and “What we do not want” rules outlined above, however we do sometimes miss problems.If you see any cheeky mischief occurring, especially around misuse of content, interference with functionality or other ‘unauthorised’ activity, use the Report Button on the blogging pages, and/ or please let us know by email at info@fya.org.au or go to the “Contact Us” section on our Site.

    We appreciate your efforts to keep the Site and our online community environment inviting, insightful and constructive. Let the conversations be quality ones.

  8. Additional protection of our UsersAlthough in general we will not reproduce or share any of your personal information, in the case that a message on or use of the Site suggests that one of our users may be in danger (either from themselves or someone else) they might be referred to an emergency help line or appropriate organisation, such as the Police. A list of recommended contact points or useful sites are reproduced below. This information is publicly available and all moderators are authorised to refer users to these pre-approved services. FYA will go out of our way to report something that comes to our attention and not many organisations would do the same.Kids Helpline (for ages 5-25) Phone: 1800 55 1800 (Calls to Kids Helpline are free from mobile phones, landlines and public telephones)
Online chat: Click here to access web counselling through Kids Helpline
Website: http://www.kidshelp.com.au/

    Lifeline (for all ages) Phone: 13 11 14 (cost of local call)
Online chat: Click here to access crisis support chat now
Website: http://www.lifeline.org.au/

    Mensline (for relationship issues)
Phone: 1300 78 99 78 (cost of a local call)
Online chat: Click here to sign up for online counselling
Website: www.mensline.org.au

    Suicide Callback Service
Phone: 1300 65 94 67 (Cost of a local call)
Website: www.suicidecallbackservice.org.au

    Reach Out (for ages 14-25)
Website: http://au.reachout.com/
A web-based initiative that offers information, support and resources to help young people.

  9. Law of this AgreementThese 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.
  10. 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 endeavor 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 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, including, a Challenge or Start Year. 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, in a physical location or while completing a Challenge or Start Year. 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 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 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 (including without limitation any breach of the “What we want” and “What we do not want” rules, your posting or submission of the materials that you submit or post to the Site (‘Your Materials’) or the use by FYA or its nominees of Your Materials as permitted in clause 11) 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.
  11. 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. As between FYA and you, you retain ownership of Your Materials. So that we can continue to spread the word about the initiative, you authorise FYA (and our authorised nominees) to use, modify, copy, distribute, transmit, communicate, reproduce, publish, display and broadcast Your Materials on the Site as well as in any promotional or communication activities of FYA conducted in Australia or overseas but only for a non commercial purpose, including, but not limited to, marketing and promotions for the initiative.
    3. 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.
  12. Personal informationWe 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.
  13. SeverabilityIf 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.
  14. ModificationsWe 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.
  15. Contacting usIf 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.
  16. Effective DateThese Terms and Conditions were last updated on 17 July 2014.