MR. PERFECT INC - WEBSITE TERMS OF USE
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Last Modified: 06/01/2022
Mr Perfect ("we", "us" and "our") provides this website ("Site") and related services to you in accordance with the following terms and conditions ("Terms of Use").Â
1.           Who we are
Mr Perfect is the trading name of Mr. Perfect Incorporated (ABN 91 690 308 488), a charity registered in Australia. Our mission is to bring men together at BBQs in local parks across Australia, to create community and connection, and to provide online support information and resources for the benefit of men's health, including through our Site.
2.           Acceptance of, and modifications to, these Terms of Use
2.1Â Â Â Â Â Â Â Â Â By using our Site, you confirm that you have read and accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must stop using our Site.
2.2Â Â Â Â Â Â Â Â Â We may update or revise these Terms of Use from time to time. Every time you wish to use our Site, please check these Terms of Use to ensure you understand the terms that apply at that time. If you continue to use our Site following the posting of any changes to the Terms of Use you will be deemed to accept those changes. You can check when these Terms of Use were last updated by referring to the "Last Modified" date at the beginning of the Terms of Use.
3.           Use of the Site
3.1Â Â Â Â Â Â Â Â Â You may use our Site only in accordance with and subject to these Terms of Use. You must not knowingly or recklessly use this Site for any purpose that is unlawful or prohibited by these Terms of Use, or solicit the performance of any illegal activity or other activity that infringes or may have the effect of infringing our rights or the rights of others.
3.2Â Â Â Â Â Â Â Â Â Notwithstanding any other rights or restrictions in these Terms of Use, you may not use our Site to:
(a)Â Â Â Â Â Â Â Â Â Â transmit via or through our Site any information, data, text, images, files, links, or software except in connection with your authorized use of our Site or otherwise in response to specific requests for information by us;
(b)Â Â Â Â Â Â Â Â Â Â introduce to our Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
(c)Â Â Â Â Â Â Â Â Â Â obtain unauthorized access to any computer system;
(d)Â Â Â Â Â Â Â Â Â Â impersonate any other person, including but not limited to, a supplier of goods or services, another user of our Site, or a staff member of ours;
(e)Â Â Â Â Â Â Â Â Â Â invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
(f)Â Â Â Â Â Â Â Â Â Â Â misrepresent the identity of a user of our Site or use a false e-mail address;
(g)Â Â Â Â Â Â Â Â Â Â tamper with or obtain access to our Site or any component of our Site;
(h)Â Â Â Â Â Â Â Â Â Â conduct fraudulent activities;
(i)Â Â Â Â Â Â Â Â Â Â Â collect or harvest information regarding suppliers of goods or services, or other users of our Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail;
(j)Â Â Â Â Â Â Â Â Â Â Â upload or send any content that is, or may be reasonably considered likely to be, material that is false or misleading, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another's privacy; or
(k)Â Â Â Â Â Â Â Â Â Â contravene any applicable laws, regulations, codes or standards.
4.           Accuracy of the content of this site
4.1         The information on our Site is believed to be complete and reliable at the time of writing. However, the information is provided by us in good faith and on an 'as is' basis and it may contain opinions, typographical errors, pricing errors, and other errors or inaccuracies.
4.2Â Â Â Â Â Â Â Â We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Site.
4.3Â Â Â Â Â Â Â Â Any information shared in a blog post is the opinion or view of the author of that post and should be read as such. You should not act on the basis of anything contained on our Site (including the blog) without first obtaining professional advice specific to your circumstances. You should not delay or avoid seeking professional advice or treatment, especially professional mental health or medical advice or treatment, because of something you have seen on our Site. If you choose to rely on the information on our Site, you rely on it wholly at your own risk.
4.4Â Â Â Â Â Â Â Â Â The inclusion of any products or services on our Site at a particular time does not guarantee that the products or services will be available. We may update and change our Site from time to time to reflect changes to our products and our priorities.
5.           The BBQs
5.1Â Â Â Â Â Â Â Â Â Where you use our website to find a BBQ nearby, when you click through to see the details of a specific event or to see the full list of events, you will be redirected to a Facebook page which includes such details. Access to and use of our Facebook pages is subject to your compliance with these Terms of Use as well as Facebook's terms and conditions. We are not responsible for your access to, or relationship with, Facebook.
5.2Â Â Â Â Â Â Â Â Â If you choose to attend one of our BBQs, as an attendee or as a volunteer, we may ask you to sign or accept a waiver. Please read the waiver carefully before signing or accepting it. The waiver explains your obligation to keep the personal information of other people confidential, it asks for your consent to the taking of photographs and videos at the BBQ and, it explains the risks associated with the BBQ and asks you to accept those risks before attending. If you are not physically shown the waiver, please ask the BBQ Host to explain, and make clear to the BBQ Host if you uncomfortable with any photography at the BBQ.
5.3Â Â Â Â Â Â Â Â Â Our Site also allows you to start your own BBQ. If you choose to start your own BBQ, while we may provide some useful tips and documents, you acknowledge and agree that you are solely responsible for organising the BBQ and for managing all risks associated with such BBQ. You may wish to seek professional advice to better understand the risk and liability you may incur when organising your own BBQ.
6.           Third party websites, products and services
General
6.1Â Â Â Â Â Â Â Â Â Our Site contains links to other websites, products and services owned and operated by third parties. We do not own and have no control over these third party websites, products and services and we make no representations about the accuracy, quality, content, legality or any other aspect of any information contained on those websites or products or services supplied by such third party websites.
6.2Â Â Â Â Â Â Â Â Â Â Â Â Â Â We are not liable for the content on those websites, or any products or services provided by those websites and nor do we endorse such content, or any products offered or services provided by any third party. Use of such third party websites is at your own risk and you should carefully review the terms of use and privacy policies of all third party websites that you visit or products or services that you request.
The Directory
6.3Â Â Â Â Â Â Â Â Â You acknowledge and agree that we only make available the directory on our Site and that:
(a)Â Â Â Â Â Â Â Â Â Â we cannot guarantee the identity of any business in the directory;
(b)Â Â Â Â Â Â Â Â Â Â we are not party to any agreement entered into between you and any business listed in the directory;
(c)Â Â Â Â Â Â Â Â Â Â we have no control over the conduct of third party businesses listed in the directory; and
(d)Â Â Â Â Â Â Â Â Â Â we are not responsible, or liable for, the products or services purchased from a business in the directory.
6.4Â Â Â Â Â Â Â Â Â You are free to enter into agreements (whether verbal or written) in relation to any product or service provided to you by any business listed in the directory. Any such agreement will be strictly between you and the third party business (we are not a party to such agreement).
The Store
6.5Â Â Â Â Â Â Â Â Â The services provided by our Site allow you to click through to a third party website which houses the Mr Perfect online store. The store is provided by a third party (the "Mr. Perfect Store Provider").
6.6Â Â Â Â Â Â Â Â Â When you enter into a transaction with the Mr. Perfect Store Provider, you acknowledge and agree that:
(a)Â Â Â Â Â Â Â Â Â Â the Mr Perfect Store Provider is a third party separate to us;
(b)Â Â Â Â Â Â Â Â Â Â you are subject to the Mr Perfect Store Provider's User Agreement (Terms & Conditions - Mr Perfect Store (deco-shirts.com)), shipping and returns policies, which are strictly between you and the Mr. Perfect Store Provider (we are not a party to such agreement or policies); and
(c)Â Â Â Â Â Â Â Â Â Â you are transacting with the Mr. Perfect Store Provider and not with us.
6.7Â Â Â Â Â Â Â Â Â Any concern, dispute or issue that may arise between you and the Mr. Perfect Store Provider in relation to the products or services supplied to you by the Mr. Perfect Store Provider will not involve us. If you have a dispute with the Mr. Perfect Store Provider, you should file a dispute through direct contact with the Mr. Perfect Store Provider. We will not enter into, or intervene in, any issue between a user and the Mr. Perfect Store Provider (unless we at our sole unfettered discretion choose to do so).
6.8Â Â Â Â Â Â Â Â Â You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from the Mr. Perfect Store Provider. Notwithstanding the foregoing, in the interests of transparency, we note that we do receive a small commission from each sale made by a user who purchases from the Mr. Perfect Store Provider.
The Forums
6.9Â Â Â Â Â Â Â Â Â The forums provided on our Site are powered by SANE Australia. SANE Australia is responsible for running and moderating the forums. They are provided to you via our Site solely for your convenience.
7.           Making a donation (including by booking a talk)
7.1Â Â Â Â Â Â Â Â Â You can make a donation via our Site in two key ways - by clicking through to make a donation or by booking a talk. When you make a donation or book a talk, your payment details are collected by and the payment is processed by our third party payment processor.
7.2Â Â Â Â Â Â Â Â Â Where you make a donation or book a talk you will receive a receipt for your donation.
7.3Â Â Â Â Â Â Â Â Â If you choose to book a talk, you will be asked to choose a date and time for the talk. All talks are delivered via a video conference. If you wish to book an in person talk, please contact us directly so that we can consider your request and let you know if it is something we are able to do and, if so, any extra costs which may apply.
7.4Â Â Â Â Â Â Â Â Â If you need to reschedule the talk for any reason, please let us know as soon as possible. If either party needs to reschedule, the parties will work together to agree on another date and time. While you will receive the talk, you are making a donation and those funds will be allocated to advancing the cause. For this reason, we ask that you please reschedule rather than cancelling the talk and that, to the maximum extent permitted by law and subject to your Consumer Rights (as defined in section 10 below), if you cancel the talk you will not be entitled to a refund for the amount donated.
8.           Intellectual property
8.1Â Â Â Â Â Â Â Â Â You understand that the content, materials and other components (including, for example, logos, graphics, button icons and page headers) available on our Site belong to us, our content providers or our or their licensors, and are protected by copyright, trade marks, service marks or other proprietary rights and laws around the world.
8.2Â Â Â Â Â Â Â Â Â Nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you.
8.3Â Â Â Â Â Â Â Â Â You agree not to sell, license, rent, modify, alter, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from our intellectual property rights, including content or materials on our Site. You also agree that you will not use the content and materials on our Site for any purpose not expressly allowed in these Terms of Use. In particular, you must not use any part of the content on our Site for commercial purposes unless you have our express written permission to do so.
9.           Copyright infringement, notice and take down procedures
If you believe that any materials on our Site infringe your copyright, you may request that they be removed. Your request must include the signature (or electronic equivalent) of the copyright holder or its authorised representative and must:
(a)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â identify the allegedly infringing materials;
(b)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â indicate where on our Site the infringing materials are located;
(c)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â provide your name and contact information;
(d)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â state that you have a good faith belief that the materials are infringing;
(e)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â state that the information in your claim is accurate; and
(f)Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf.
Please email the copyright issue to hello@mrperfect.org.au
10.         Consumer rights, disclaimer, warranties and liability
10.1Â Â Â Â Â Â As a consumer, you have certain rights under consumer protection laws, including the Australian Consumer Law (Consumer Rights). Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
10.2Â Â Â Â Â Â Subject to your Consumer Rights, we do not give any implied or express warranty or guarantee as to the suitability, reliability or availability of our products and services, or of the content on our Site.
10.3Â Â Â Â Â Â Subject to your Consumer Rights and to the maximum extent permitted by law, we disclaim, without limitation, all liability for all indirect or consequential losses, actual or anticipated loss of profit, revenue, savings, reputation, goodwill, business and loss or corruption of data, however caused, in connection with your use of our Site or your use of or reliance upon any of the information, services or materials contained on our Site or provided by our Site to you. Our liability for all claims arising under or related in any way to our Site or these Terms of Use, no matter how arising, and whether in contract, tort (including negligence), under an indemnity or otherwise, will not exceed $500.
10.4Â Â Â Â Â Â Subject to your Consumer Rights and to the maximum extent permitted by law, each party's liability to the other party under or in connection with our Site or these Terms of Use is reduced to the extent, if any, to which the other party's acts or omissions caused or contributed to the loss or damage or the other party failed to take reasonable steps to mitigate the loss or damage.
11.         Engaging with Mr Perfect
11.1Â Â Â Â Â Â If you wish to raise a dispute or submit a query or complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Email:Â Â hello@mrperfect.org.au
Mail:Â Â Â 296 Alfred St, Cromer, NSW 2099
11.2Â Â Â Â Â Â We may request additional documentation from you to assist us in responding to queries or resolving complaints or disputes, and you agree to provide all reasonable assistance to us in resolving any complaints or disputes. Where we cannot resolve a complaint or dispute within 30 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
11.3Â Â Â Â Â Â We aim to:
(a)Â Â Â Â Â Â Â Â Â Â acknowledge receipt of all complaints within 7 business days; and
(b)Â Â Â Â Â Â Â Â Â Â resolve all complaints within 30 days.
12.         Website availability and access
12.1      We try our best to offer our Site without interruption however this may not always be possible and we may alter, suspend, or discontinue our Site in whole or in part, from time to time. We will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on our Site. However, you accept that it may not always be possible to provide such prior notice.
12.2Â Â Â Â Â Â We may, in our sole discretion, terminate or suspend your use of or access to all or part of our Site with notice where there are serious grounds for doing so, for example if you breach these Terms of Use.
12.3Â Â Â Â Â Â If at any time, we notify you that your access to and/or use of our Site is terminated, you must stop using or accessing our Site immediately and submit any dispute with us in accordance with the process above in section 11.
13.         General
13.1Â Â Â Â Â Â Each section of these Terms of Use operates separately. If any court or relevant authority decides any part of these Terms of Use is unlawful, the remaining parts will remain in full force and effect.
13.2Â Â Â Â Â Â Even if we are delayed in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your failing to comply with these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.3Â Â Â Â Â Â Any failure by us to exercise or enforce any one or more of our rights under these Terms of Use will not constitute a waiver of such rights unless such waiver is granted to you in writing.
13.4Â Â Â Â Â Â The section headings contained in these Terms of Use are included for convenience only and do not affect the terms of these Terms of Use.
13.5Â Â Â Â Â Â We may transfer our rights and obligations under these Terms of Use to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the Terms of Use.
These Terms of Use are governed by the laws of New South Wales, Australia, and any dispute, difference or question arising out of or in connection with these Terms of Use, our Site or its content shall be subject to the non-exclusive jurisdiction of the courts in State of New South Wales, Australia