UnionUp Pty Ltd ACN 682 641 989 (\u201cwe\u201d, \u201cus\u201d, \u201cour\u201d \nand \u201cUnionUp\u201d<\/span> ) operates the website \n\u2018www.unionup.com\u2019 (\u201cSite\u201d)<\/span> and each \nUnionUp mobile application \n(\u201cApplication\u201d)<\/span>. <\/span><\/li>\n
You confirm that you accept these Terms and Conditions and that you \nconfirm to be bound by them as a User upon the earlier of you:<\/p>\n\n
accessing or using the Platform; or<\/li>\n
otherwise acknowledging that you accept these Terms and \nConditions and agree to be bound by them.<\/li>\n<\/ol>\n<\/li>\n
These Terms and Conditions were last updated on, and are current as \nof, 1 March 2025.<\/li>\n<\/ol>\n<\/li>\n
Definitions<\/span>\n\n
Unless otherwise defined in these Terms and Conditions, capitalised terms in these Terms and Conditions have the meaning given to them as follows:\n\n
\u201cApplication\u201d<\/span> has the meaning given to \nthat term in clause 1.1;<\/li>\n
\u201cAssociated Entities\u201d<\/span> has the same \nmeaning as in section 50AAA of the \nCorporations Act 2001<\/span> (Cth);<\/li>\n
\u201cAustralian Consumer Law\u201d<\/span> means Schedule \n2 to the \nCompetition and Consumer Act 2010<\/span> (Cth);<\/li>\n
\u201cBusiness Day\u201d<\/span> means a day other than a \nSaturday, Sunday or public holiday in Sydney, New South Wales;<\/li>\n
\u201cClaim\u201d<\/span> means all actions, suits, causes \nof action, arbitrations, claims, demands, proceedings, complaints \nand objections in respect of any debts, dues, costs, expenses, \nobligations, liabilities, interest, verdicts, orders or judgments \neither at law or in equity, whether based in contract, tort \n(including negligence), statute or otherwise and irrespective of \nwhether the matters giving rise to those claims are known to the \nparties as at the date of these Terms and Conditions;<\/li>\n
\u201cContent Standards\u201d <\/span> means the content \nstandards and requirements of the Platform set out in clause 11;<\/li>\n
\u201cIntellectual Property Rights\u201d<\/span> means all \nintellectual property rights of any kind in any jurisdiction \nanywhere in the world (including, without limitation, trade marks, \npatents, inventions, copyright and related rights, know-how, trade \nsecrets, business names and domain names, rights in get-up, goodwill \nand the right to sue for passing off, designs, rights in designs and \nunregistered designs, datasets and confidential information), \nwhether registered or unregistered and whether protectable or not, \nand including the rights to apply for or renew the registration of \nany such rights and any rights the subject of any lapsed application \nor registration;<\/li>\n
\u201cLaw\u201d<\/span> means:\n\n
any and all acts, subordinate legislation, ordinances, \nregulations, by-laws, local laws, orders and proclamations of \nany federal, state, or local government;<\/li>\n
any direction, rules, request, requirement, order or finding of \nany regulatory authority or governmental authority;<\/li>\n
common law; and<\/li>\n
equity,<\/li>\n<\/ol>\n
in each case in any jurisdiction worldwide, and includes any \ninternational laws;<\/li>\n
\u201cLoss\u201d<\/span> means any loss, cost, expense \n(including legal costs and expenses), damage or liability (including \nany fine or penalty) whether present or future, fixed or \nunascertained, actual or contingent;<\/li>\n
\u201cMonthly Delegate Fee\u201d<\/span> means the Monthly \nUser Fee attributable to Delegates from time to time in accordance \nwith these Terms and Conditions;<\/li>\n
\u201cMonthly Organiser Fee\u201d<\/span> means the \nMonthly User Fee attributable to an Organiser from time to time in \naccordance with these Terms and Conditions;<\/li>\n
\u201cMonthly Safety Representative Fee\u201d<\/span> \nmeans the Monthly User Fee attributable to Safety Representatives \nfrom time to time in accordance with these Terms and Conditions;<\/li>\n
\u201cMonthly Subscription Fee\u201d<\/span> means the \nmonthly subscription fee payable by each Union for its Union Users \nas calculated in accordance with clause 6.4;<\/li>\n
\u201cMonthly User Fee\u201d has the meaning given to that term in clause 6.1;<\/li>\n
\u201cMoral Right\u201d<\/span> has the meaning given to \nthat term in Part IX of the \nCopyright Act 1968<\/span> (Cth), and includes \nany similar rights capable of protection under the laws of any \njurisdiction;<\/li>\n
\u201cOrganiser\u201d<\/span> means any Union User that is \nan Organiser (Admin) or an Organiser (Non-Admin);<\/li>\n
\u201cPersonal Information\u201d <\/span> has the same \nmeaning as in the \nPrivacy Act 1988<\/span> (Cth), and includes any \nother similar information or an opinion about an individual under \nany other Privacy Law;<\/li>\n
\u201cPlatform\u201d <\/span> means each of the following, \nwhether individually, collectively or any combination of them (as \nthe context requires):<\/p>\n\n
the Site; and<\/li>\n
any Application;<\/li>\n<\/ol>\n<\/li>\n
\u201cPlatform Content\u201d <\/span>means any data, \ncontent, information, uploads or other materials (in any form) that \nis Posted on or through the Platform, whether provided by us, you, \nany other User or any other third party, and includes User \nContributions;<\/li>\n
\u201cPost\u201d<\/span> means to post, submit, publish, \ndisplay, message, transmit or otherwise make available;<\/li>\n
\u201cPrivacy Laws\u201d<\/span> means each of the \nfollowing:<\/p>\n\n
Privacy Act 1988<\/span> (Cth); and<\/li>\n
any other Law, rule or guideline relating to data protection, \nprivacy or the handling of Personal Information in force in any \njurisdiction applicable to the parties;<\/li>\n<\/ol>\n<\/li>\n
\u201cRespective Organiser\u201d<\/span> means, in respect \nof a Union User, the Organiser (Admin) appointed to the relevant \nUnion;<\/li>\n
\u201cSeat\u201d<\/span> means the number of each User \nCategory that a Union has added to its subscription whether or not \nthose seats have been filled by the Union with a user.<\/li>\n
\u201cSite\u201d<\/span> has the meaning given to that \nterm in clause 1.1;<\/li>\n
\u201cSoftware Code\u201d<\/span> means the software code \nof the Platform (and all associated user interfaces, websites and \nother digital media), including the object code, the intermediate \ncode and the source code;<\/li>\n
\u201cTerms and Conditions\u201d<\/span> means these terms \nand conditions governing your access and use of the Platform (as \namended from time to time in accordance with these Terms and \nConditions);<\/li>\n
\u201cThird Party Intellectual Property\u201d<\/span> has \nthe meaning given to that term in clause 10.1;<\/li>\n
\u201cThird Party Content\u201d<\/span> has the meaning \ngiven to that term in clause 8.1(a);<\/li>\n
\u201cThird Party Links\u201d <\/span> has the meaning \ngiven to that term in clause 8.1(a);<\/li>\n
\u201cUnion\u201d<\/span> means any organisation of \nemployees that is registered under the \nFair Work (Registered Organisations) Act 2009 \n(Cth), under any equivalent or similar Australian State or Territory \nlegislation or under any equivalent or similar legislation in any \nnon-Australian jurisdiction, and may include any branch, division, \nor other part of such organisations; <\/span><\/li>\n
\u201cUnionUp Intellectual Property\u201d<\/span> has the \nmeaning given to that term in clause 10.1;<\/li>\n
\u201cUnionUp Group\u201d<\/span> means each of the \nfollowing (whether individually, collectively or any combination of \nthem, as the context requires):<\/p>\n\n
us;<\/li>\n
our Associated Entities; and<\/li>\n
each officer, employee, contractor, consultant, agent and \nrepresentative of:<\/p>\n\n
UnionUp; or<\/li>\n
any Associated Entity of UnionUp;<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
\u201cUnionUp Group Member\u201d<\/span> means each member \nof the UnionUp Group;<\/li>\n
\u201cUnionUp Licensee\u201d<\/span> means each UnionUp \nGroup Member and their respective service providers, licensees and \nnominees;<\/li>\n
\u201cUnion User\u201d <\/span> means, in respect of a Union, each User \nthat is appointed to that Union as:<\/p>\n\n
a Delegate;<\/li>\n
a Safety Representative;<\/li>\n
a Delegate\/Safety Representative;<\/li>\n
an Organiser (Non-Admin); or<\/li>\n
an Organiser (Admin),<\/li>\n<\/ol>\n
but excludes any User that accesses and uses the Platform as a \nWorker;<\/li>\n
\u201cUser\u201d<\/span> means any person who access \nand\/or uses the Platform, including you;<\/li>\n
\u201cUser Category\u201d<\/span> means each of the \nfollowing categories of Users as specified on the Platform;<\/p>\n\n
a \u201cWorker\u201d<\/span>;<\/li>\n
a \u201cDelegate\u201d<\/span>;<\/li>\n
a \u201cSafety Representative\u201d<\/span>;<\/li>\n
a \u201cDelegate\/Safety Representative\u201d<\/span>, \nbeing a User that is assigned as both as a Delegate and as a \nSafety Representative for their respective Union;<\/li>\n
an \u201cOrganiser (Non-Admin)\u201d<\/span>; and<\/li>\n
an \u201cOrganiser (Admin)\u201d<\/span>;<\/li>\n<\/ol>\n<\/li>\n
\u201cUser Contribution\u201d<\/span> has the meaning \ngiven to that term in clause 9.1;<\/li>\n
\u201cyou\u201d<\/span> means the person who accepts these \nTerms and Conditions and agrees to be bound by them in accordance \nwith clause 1.2;<\/li>\n
\u201cYour Intellectual Property\u201d <\/span> has the \nmeaning given to that term in clause 10.1;<\/li>\n
\u201cYour Union\u201d<\/span> means the Union to which \nyou are appointed on the Platform; and<\/li>\n
\u201cYour User Contribution\u201d<\/span> means User \nContributions that you Post on or through the Platform.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Eligibility to use the Platform <\/span>\n\n
The Platform is directed to persons who are at least 18 years old \nand are residing in and using the Platform within Australia.<\/li>\n
We do not warrant or represent that any Platform Content is \nappropriate to be accessed or used:<\/p>\n\n
by any person who is not at least 18 years old; or<\/li>\n
from, or available in, any location other than Australia.<\/li>\n<\/ol>\n<\/li>\n
If you access or use the Platform from outside Australia, you agree \nthat:<\/p>\n\n
you access and use the Platform at your sole risk; and<\/li>\n
you are solely responsible for complying with all Laws \napplicable to your access and use of the Platform from your \nlocation.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Users Categories <\/span>\n\n
Upon signing up to the Platform you will be appointed as a Worker \nunless you are appointed as a Union User by Your Union.<\/li>\n
You acknowledge that your User Category may be varied from time to \ntime in accordance with these Terms and Conditions, including by \nyour Respective Organiser under clause 5.<\/li>\n
The scope of any Platform access, features, services and \nfunctionalities (\u201cPlatform Access\u201d) granted to each User Category \nwill be determined by us from time to time.<\/li>\n
Subject to clause 4.5, if we intend to vary your Platform Access in \na manner that will materially reduce your Platform Access then:<\/p>\n\n
we will use reasonable endeavours to notify you of the proposed \nvariation to your Platform Access prior to the variation taking \neffect or at least as soon as reasonably practicable after the \nvariation takes effect; and<\/li>\n
if you are a Union User, we will also notify your Respective \nOrganiser of the proposed variation to your Platform Access \nprior to the variation taking effect.<\/li>\n<\/ol>\n<\/li>\n
If you are a Union User and Your Union fails to pay us any amount \nunder these Terms and Conditions by the due date for the respective \npayment, then we may (in our sole absolute discretion and without \nprior notice to you) immediately reappoint you as a Worker and \nreduce your Platform Access so that you have the Platform Access \ngranted to a Worker until such time as Your Union pays us the amount \ndue and payable in full or as we otherwise determine to reinstate \nyour initial User Category.<\/li>\n
If you are a Union User and Your Union ceases to be a Union, becomes \ninsolvent or otherwise ceases to operate its business \n(\u201cNon-Operational Event\u201d), then we may (in our sole absolute \ndiscretion and without prior notice to you) immediately reappoint \nyou as a Worker and reduce your Platform Access so that you have the \nPlatform Access granted to a Worker until such time as the \nNon-Operational Event is rectified (if at all).<\/li>\n<\/ol>\n<\/li>\n
Organiser (Admin)<\/span>\n\n
This clause 5 applies if at any time you are an Organiser (Admin).<\/li>\n
Despite any other clause in these Terms and Conditions, you \nacknowledge and agree that:<\/p>\n\n
you becoming or being appointed as an Organiser (Admin) may be \nsubject to our prior approval; and<\/li>\n
we may (in our sole absolute discretion) refuse you becoming or \nbeing appointed as an Organiser (Admin) for any reason.<\/li>\n<\/ol>\n<\/li>\n
By you confirming that you accept these Terms and Conditions and \nthat you are bound by them Your Union agrees to be bound by the \nobligations imposed on it under these Terms and Conditions, \nincluding Your Union\u2019s obligation to pay the Monthly Subscription \nFee.<\/li>\n
Subject to clause 4.3, your Platform Access may include you being \nable to do any of the following from time to time whilst you are an \nOrganiser (Admin):<\/p>\n\n
appoint any User as a Union User for Your Union;<\/li>\n
vary the User Category of any Union User for Your Union; and\/or<\/li>\n
revoke any User\u2019s appointment as a Union User for Your Union.<\/li>\n<\/ol>\n<\/li>\n
You must not do any act or thing contemplated by clause 5.4 without \nthe prior consent of Your Union.<\/li>\n
You warrant and represent that:\n\n
you have provided Your Union with a copy of these Terms and \nConditions;<\/li>\n
Your Union has read and understands these Terms and Conditions \nand agrees to be bound by any obligations imposed on it under \nthese Terms and Conditions, including Your Union\u2019s obligation to \npay the Monthly Subscription Fee;<\/li>\n
you have notified Your Union of the Monthly User Fee in force \nfrom time to time;<\/li>\n
you have the authority to provide us, and Your Union has agreed \nto you providing us, with Your Union\u2019s credit card and other \npayment details for the purposes of these Terms and Conditions, \nand that such credit card and other payment details are true and \naccurate;<\/li>\n
Your Union has agreed to you being an Organiser (Admin) for that \nUnion; and<\/li>\n
you have obtained Your Union\u2019s prior consent to you doing any \nact or thing contemplated by clause 5.4.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Monthly Subscription Fee<\/span>\n\n
The Platform will specify, or we will otherwise notify Users and \nUnions of, a monthly fee attributable to each User Category \n(\u201cMonthly User Fee\u201d)<\/span> which will be \npayable by the Unions in accordance with this clause 6.<\/li>\n
From time to time, we may vary the Monthly User Fee for any User \nCategory for any Union where:<\/p>\n\n
we provide prior written notice of the variation to the relevant \nUnion; and<\/li>\n
the variation only takes effect on the first day of any given \ncalendar month.<\/li>\n<\/ol>\n<\/li>\n
In consideration for the Union Users accessing and using the \nPlatform, each Union must pay us the Monthly Subscription Fee on the \nfirst day of each calendar month.<\/li>\n
The Monthly Subscription Fee payable by a Union for any given \ncalendar month will be calculated as the sum of the following \namounts (expressed as a positive dollar value):<\/p>\n\n
the total number of Delegate Seats the Union has added to its \nsubscription as at the last day of the previous calendar month \nmultiplied<\/span> by the Monthly Delegate \nFee specified on the Platform on the last day of the previous \ncalendar month; plus<\/li>\n
the total number of Safety Representative Seats the Union has \nadded to its subscription as at the last day of the previous \ncalendar month multiplied<\/span> by the \nMonthly Safety Representative Fee specified on the Platform on \nthe last day of the previous calendar month; plus<\/li>\n
the total number of Delegates & Safety Representative Seats the \nUnion has added to its subscription as at the last day of the \nprevious calendar month \nmultiplied<\/span> by the Monthly Delegates \n& Safety Representative Fee specified on the Platform on the \nlast day of the previous calendar month; plus<\/li>\n
the total number of Organiser Seats the Union has added to its \nsubscription as at the last day of the previous calendar month \nmultiplied<\/span> by the Monthly Organiser \nFee specified on the Platform on the last day of the previous \ncalendar month.<\/li>\n<\/ol>\n<\/li>\n
For the avoidance of doubt, the Monthly User Fee is attributable to \na Union User\u2019s access and use of the Platform in its entirety and \nfor a given month will only be charged once in respect of a Union \nUser that access and uses more than one component of the Platform \nduring that month (being the Site and\/or any Application or more \nthan one Application).<\/li>\n
Each Union may pay its Monthly Subscription Fees by using any \npayment method specified on the Platform from time to time.<\/li>\n<\/ol>\n<\/li>\n
Linking to the Platform<\/span>\n\n
You may link to any page of the Platform on another website or \napplication, provided that:<\/p>\n\n
you do so in a way that is lawful and does not and does not \ndamage our reputation or take advantage of it;<\/li>\n
you do not establish the link in a manner that suggests, or is \nlikely to suggest, any form of association, approval or \nendorsement on our part where none exists; and<\/li>\n
the website or application in which you are linking complies in \nall respects with the Content Standards.<\/li>\n<\/ol>\n<\/li>\n
You must not frame or mirror the Platform on any other website or \napplication.<\/li>\n
We reserve the right to withdraw linking permission without notice.<\/li>\n
If you wish to link to the Platform other than as set out above, \nplease contact us.<\/li>\n<\/ol>\n<\/li>\n
We are not responsible for material posted to the Platform<\/span><\/span>\n\n
You acknowledge and agree that:\n\n
from time to time the Platform may contain:\n\n
links to other websites and\/or applications (including \nbanner advertisements and sponsored links), content, \ninformation and other materials Posted by other Users or \nthird parties \n(\u201cThird Party Links\u201d)<\/span>; and<\/li>\n
data, content, information and other materials uploaded by \nother Users (such as User Contributions) and other third \nparties, including sponsor and advertisers,(\u201cThird Party Content\u201d); <\/span><\/li>\n<\/ol>\n<\/li>\n
Third Party Links and Third Party Content may include sponsored \ncontent, including third party advertisements and marketing \nmaterials;<\/li>\n
unless expressly stated otherwise by us:\n\n
we have not verified or approved any Third Party Links or \nThird Party Content;<\/li>\n
the views expressed by other Users or third parties through \nThird Party Content do not represent our views or values and \nare not endorsed by us; and<\/li>\n
we do not endorse any website or application accessible \nthrough a Third Party Link, the goods or services provided \nat those websites or applications or by the organisations \npromoting those websites or applications;<\/li>\n<\/ol>\n<\/li>\n
it is your responsibility to assess the accuracy of any Platform \nContent, except for any Platform Content that is Posted by us \n(which is our responsibility);<\/li>\n
your use and access of any Third Party Links is at your sole \nrisk;<\/li>\n
your use and access of, and reliance on, any Third Party Content \nis at your sole risk; and<\/li>\n
you are responsible for any transactions, disputes or other \ndealings between you and any other User.<\/li>\n<\/ol>\n<\/li>\n
We make no warranty or representation that any Platform Content \n(including any Third Party Links and any Third Party Content):<\/p>\n\n
is correct, accurate or reliable; or<\/li>\n
complies with these Terms and Conditions (including the Content \nStandards).<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
User-generated content<\/span>\n\n
The Platform may contain comment threads, personal or Union web \npages or profiles, bulletin boards and other interactive features \nfrom time to time that allow Users to Post data, content, \ninformation, uploads or other materials (\u201cUser Contributions\u201d) to \nUnions and other Users on or through the Platform.<\/li>\n
You will retain all rights, title and interest in and to Your User \nContributions.<\/li>\n
You acknowledge and agree that:\n\n
Your User Contributions are non-confidential and \nnon-proprietary; and<\/li>\n
you are solely responsible for securing and backing up Your User \nContributions.<\/li>\n<\/ol>\n<\/li>\n
Any User Contribution may be collected and stored by us in \naccordance with our ordinary business practices and applicable Laws \n(including in accordance with clause 18).<\/li>\n
We may, in our sole absolute discretion:\n\n
from time to time review any User Contribution to ensure that it \ncomplies with these Terms and Conditions (including the Content \nStandards); and<\/li>\n
remove, refuse to Post or take any other action with respect to \nany User Contribution that we determine (acting reasonably) \nbreaches these Terms and Conditions (including the Content \nStandards).<\/li>\n<\/ol>\n<\/li>\n
Notwithstanding clause 9.5(a), you should not consider that any User \nContribution has been reviewed or approved by us and we make no \nwarranty or representation that any User Contribution complies with \nthese Terms and Conditions (including the Content Standards).<\/li>\n
You represent and warrant that:\n\n
at all times all of Your User Contributions do and will comply \nwith these Terms and Conditions, including (without limitation) \nthe Content Standards; and<\/li>\n
you understand and acknowledge that:\n\n
you are solely responsible for Your User Contributions, \nincluding the legality, reliability, accuracy and \nappropriateness of such User Contributions; and<\/li>\n
to the maximum extent permitted by Law, we are not \nresponsible or liable to any person (including you, other \nUsers and other third parties) for the content or accuracy \nof any Third Party Content.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
If you wish to complain about any Third Party Content, including \nUser Contributions, please contact us.<\/li>\n<\/ol>\n<\/li>\n
Intellectual Property Rights <\/span>\n\n
For the purposes of these Terms and Conditions the term:\n\n
\u201cThird Party Intellectual Property\u201d<\/span> \nmeans, in respect of any third party (including any other User):<\/p>\n\n
all Platform Content posted by that third party; and<\/li>\n
all Intellectual Property Rights subsisting in or forming \npart of the Platform Content Posted by that third party;<\/li>\n<\/ol>\n\n
all Intellectual Property Rights subsisting in or \nforming part of the Platform and the Platform Content, \nexcept for any Third Party Intellectual Property and \nYour Intellectual Property; and<\/li>\n
all Intellectual Property Rights subsisting in or \nforming part of the Software Code; and<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n
\u201cYour Intellectual Property\u201d means:\n\n
Your User Contributions; and<\/li>\n
all Intellectual Property Rights subsisting in or \nforming part of Your User Contributions.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
The parties acknowledge and agree that:\n\n
the UnionUp Group owns the UnionUp Intellectual Property;<\/li>\n
the Third Party Intellectual Property is owned by third parties;<\/li>\n
you own Your Intellectual Property; and<\/li>\n
nothing contained in these Terms and Conditions intends to or \nwill constitute a transfer of:<\/p>\n\n
any right, title and interest in and to the UnionUp \nIntellectual Property from the UnionUp Group to you or any \nthird party;<\/li>\n
any right, title and interest in and to Your Intellectual \nProperty from you to us or any third party; or<\/li>\n
any right, title and interest in and to any Third Party \nIntellectual Property from the relevant owner of that Third \nParty Intellectual Property to you.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Upon Posting Your Intellectual Property on or through the Platform, \nyou grant each UnionUp Licensee a non-exclusive, royalty-free, \nworldwide, perpetual licence to use, reproduce, modify, perform, \ndisplay, distribute, disclose to third parties (including to other \nUsers) and otherwise deal with Your Intellectual Property for:<\/p>\n\n
the purposes of any UnionUp Licensee doing any act or thing in \nconnection with the Platform, including operating, managing, \nupdating or promoting the Platform;<\/li>\n
the purposes of any UnionUp Licensee doing any act or thing \nrequired or permitted by these Terms and Conditions; and<\/li>\n
any other lawful purposes.<\/li>\n<\/ol>\n<\/li>\n
Without limitation to clause 10.3, you grant each UnionUp Licensee a \nperpetual right to grant any other User a non-exclusive, \nroyalty-free, worldwide, revocable sub-licence to use Your \nIntellectual Property for:<\/p>\n\n
any period where they are a User of the Platform; and<\/li>\n
the sole purpose of that User accessing and using the Platform \nin accordance with these Terms and Conditions.<\/li>\n<\/ol>\n<\/li>\n
We grant you a non-exclusive, royalty-free, worldwide, revocable \nsub-licence to use the Third Party Intellectual Property owned by \nall other Users for:<\/p>\n\n
any period where you are a User of the Platform; and<\/li>\n
the sole purpose of you accessing and using the Platform in \naccordance with these Terms and Conditions.<\/li>\n<\/ol>\n<\/li>\n
We grant you a non-exclusive, royalty-free, worldwide, revocable \nlicence to use the UnionUp Intellectual Property for:<\/p>\n\n
any period where you are a User of the Platform; and<\/li>\n
the sole purpose of you accessing and using the Platform in \naccordance with these Terms and Conditions.<\/li>\n<\/ol>\n<\/li>\n
We may Post UnionUp Intellectual Property and Third Party \nIntellectual Property on the Platform from time to time, including \nregistered or unregistered trade marks owned by the UnionUp Group or \nany third party.<\/li>\n
Without limitation to clauses 10.5 and 10.6, you must not modify, \ncommercialise or adapt any UnionUp Intellectual Property or Third \nParty Intellectual Property without the prior written consent of the \nrelevant owner.<\/li>\n
You acknowledge and agree that:\n\n
you waive any and all of your Moral Rights in Your Intellectual \nProperty; and<\/li>\n
you consent to each UnionUp Licensee and other User doing any \nact or thing in connection with these Terms and Conditions \n(including the Platform) that does or may infringe any or all of \nyour Moral Rights in Your Intellectual Property.<\/li>\n<\/ol>\n<\/li>\n
For the avoidance of doubt, we do not waive the Moral Rights of any \nUnionUp Group Member that subsist in or form part of the UnionUp \nIntellectual Property.<\/li>\n
You represent and warrant that:\n\n
you own all the rights, title and interest in and to Your \nIntellectual Property; and<\/li>\n
you have the right to grant the licences and rights under this \nclause 10.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Content Standards<\/span>\n\n
The Content Standards in clauses 11.2 to 11.4 apply to any and all \nUser Contributions.<\/li>\n
User Contributions must in their entirety comply with all applicable \nLaws.<\/li>\n
Without limitation to clause 11.2, you must ensure that Your User \nContributions do not:<\/p>\n\n
contain any material which is defamatory, obscene, abhorrent, \nindecent, abusive, offensive, harassing, violent, hateful, \ninflammatory, sexual or pornographic or otherwise objectionable;<\/li>\n
contain discrimination based on race, sex, religion, \nnationality, disability, sexual orientation, age or any other \nprotected attribute under Australian discrimination law;<\/li>\n
infringe any Intellectual Property Rights of any other person \n(including any other User);<\/li>\n
violate the legal rights (including the rights of privacy) of \nothers or contain any material that could give rise to any civil \nor criminal liability under any applicable Laws or that \notherwise may be in conflict with these Terms and Conditions;<\/li>\n
be knowingly incorrect or likely to mislead or deceive any \nperson;<\/li>\n
promote any illegal activity, or advocate, promote or assist any \nunlawful act;<\/li>\n
cause annoyance, inconvenience or needless anxiety or be likely \nto upset, embarrass, alarm or annoy any other person;<\/li>\n
impersonate or attempt to impersonate or misrepresent your \nidentity or affiliation with any person, including any UnionUp \nGroup Member, any other User, a Union to which you are not \nappointed or any other person or entity (including, without \nlimitation, by using email addresses associated with any of the \nforegoing);<\/li>\n
involve contests, sweepstakes and other sales promotions, barter \nor advertising;<\/li>\n
transmit, or procures the sending of, any advertising or \npromotional material without our prior written consent, \nincluding any junk mail, chain letter or spam or any other \nsimilar solicitation; or<\/li>\n
give the impression that they emanate from or are endorsed by \nthe UnionUp Group or any other person or entity, if this is not \nthe case.<\/li>\n<\/ol>\n<\/li>\n
You must comply with the Content Standards at all times in \nconnection with your access and use of the Platform, including \n(without limitation) whenever you use a feature that allows you to \nPost to the Platform or you engage with other Users or Unions.<\/li>\n
If Your User Contributions breach the Content Standards then:\n\n
we may report the relevant activities relating to the breach to \nthe relevant law enforcement authorities and we will cooperate \nwith those authorities by disclosing your identity and Your User \nContributions to them; and\/or<\/li>\n
we may terminate these Terms and Conditions in accordance with \nclause 17.3(d).<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Prohibited uses of the Platform<\/span>\n\n
You may use the Platform only in accordance with:\n\n
all applicable Laws; and<\/li>\n
these Terms and Conditions.<\/li>\n<\/ol>\n<\/li>\n
Without limitation to clause 12.1, you agree not to, and agree to \nnot authorise, abet, aid, encourage or incite any other person to:<\/p>\n\n
breach these Terms and Conditions (including the Content \nStandards);<\/li>\n
send, knowingly receive, upload, download, use or re-use any \nmaterial which does not comply with the Content Standards;<\/li>\n
engage in any other conduct that restricts or inhibits any \nperson\u2019s use or enjoyment of the Platform, or which, as \ndetermined by us (acting reasonably), may harm any UnionUp Group \nMember or other Users or expose any of them to liability;<\/li>\n
use the Platform in any manner that could disable, overburden, \ndamage, or impair the Platform or interfere with any person\u2019s \nuse of the Platform, including their ability to engage in real \ntime activities through the Platform;<\/li>\n
use any robot, spider or other automatic device, process or \nmeans to access the Platform for any purpose, including \nmonitoring or copying any of the material on the Platform;<\/li>\n
use any manual process to monitor or copy any of the Platform \nContent (other than Your User Contributions) for any \nunauthorised purpose without our prior written consent;<\/li>\n
use any automatic or manual process to reverse engineer or \ndecompile any part of the Platform;<\/li>\n
use any device, software or routine that interferes with the \nproper working of the Platform;<\/li>\n
introduce any viruses, trojan horses, worms, logic bombs, \nspyware, computer code, file, program or material which is \nmalicious or technologically harmful;<\/li>\n
attempt to gain unauthorised access to, interfere with, damage \nor disrupt any parts of the Platform, the server on which the \nPlatform is stored, or any server, computer or database \nconnected to the Platform;<\/li>\n
access or interfere with the Software Code;<\/li>\n
attack the Platform via a denial-of-service attack or a \ndistributed denial-of-service attack;<\/li>\n
otherwise attempt to interfere with the proper working of the \nPlatform;<\/li>\n
do any act or thing in connection with accessing and using the \nPlatform that:<\/p>\n\n
does, or is likely to, defame any person (including any \nother User or any Union);<\/li>\n
infringes, or is likely to, infringe the Intellectual \nProperty Rights of any person (including any UnionUp \nIntellectual Property and any Third Party Intellectual \nProperty); or<\/li>\n
is or is likely to otherwise contravene any applicable Law, \nincluding the Competition and Consumer Act 2010 (Cth).<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
If you breach this clause 12 then:\n\n
we may report the relevant activities relating to the breach to \nthe relevant law enforcement authorities and we will cooperate \nwith those authorities by disclosing your identity and Your User \nContributions to them; and\/or<\/li>\n
we may terminate these Terms and Conditions in accordance with \nclause 17.3(d).<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n
Disclaimers and limitation of liability<\/span>\n\n
You acknowledge and agree that (unless expressly stated otherwise in \nthese Terms and Conditions):<\/p>\n\n
your use of the Platform is entirely at your own risk;<\/li>\n
the Platform is never entirely free from security \nvulnerabilities, defects, viruses, errors, bugs, malfunctions \nand interruptions;<\/li>\n
we may update or upgrade the Platform from time to time;<\/li>\n
you are responsible for configuring your technology to access \nthe Platform and you are responsible for procuring, managing and \nmaintaining your own antivirus software;<\/li>\n
the Platform is provided on an \u201cas is\u201d and \u201cas available\u201d basis, \nand we make no representations or warranties, express or \nimplied, regarding the operation, performance, reliability or \navailability of the Platform;<\/li>\n
we make no warranty or representation that:\n\n
the Platform will be suitable for your purposes or, if you