Terms of Service




1. Introduction and purpose


1. This website https://spark.greenpeace.org.au (website) is owned and operated by Greenpeace Australia Pacific Ltd (ACN 002 643 852) (GPAP, we, us, our). 

2. The website’s purpose is to allow individuals (you, your) to be involved in campaigns, including by creating or signing petitions; sending or receiving information about the subject matter of the petition; and connecting with people who share common values. 

3. For the purpose of this agreement, a “campaign” refers to any petition, along with any supplementary or further information provided by the petition creator and/or its collaborators via the website. 


2. Accepting our Terms of Service


1. Your use of the website constitutes your agreement with these Terms of Service and our Privacy Policy (which can be found http://www.greenpeace.org/australia/en/privacy-policy/), and your agreement to be bound by them. 

2. Your use of the website constitutes your acknowledgment that you have authority to form a binding contract with GPAP and you are:

1. over 18 years of age; or 

2. if under 18 years of age, you have received permission from your parent or guardian to use the website.

3. We may contact you to confirm that you are above 18 years of age or if under 18 years of age, have received permission from your parent or guardian to use the website. 

4. If we are not satisfied that you meet the requirements in clause 2.2, we may delete your campaign or Your Content.

 5. We reserve the right, but are not obliged, to moderate accounts to ensure the obligations under clause 2.2 are met. Moderation of the website is general and discretionary only, and does not imply or constitute endorsement of the published campaigns or related materials. 


3. Intellectual Property 

1. All of the information, text, material, images, audio, video, graphics, software and our advertisements on the Site (Our Content) are copyright © 2016 Greenpeace Australia Pacific Ltd, our associated companies, suppliers, and/or licensors unless expressly indicated otherwise. Our Content is protected by Australian and international copyright laws.
 
 2. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the website, or expressly authorised in writing by GPAP.

3. You must not use our trademarks, logos or other materials for any purpose without our prior written consent.  

4. You must not post or transmit any content that would violate the intellectual property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information.  

5. You may, subject to specific restrictions set out in these Terms of Service, download material from the website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the website.  

4. Your Content
 1. You warrant that all text, images and other content you post on the website (Your Content) is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on the website. 

2. By uploading Your Content on the website, you grant us a non-exclusive, world-wide, royalty free, perpetual licence to use Your Content on the website, including to reproduce, distribute, transmit, adapt, publicly display and publicly perform Your Content in any format, using any medium, for the purpose of promoting a campaign, the website or GPAP.

3. It is your sole responsibility to ensure that Your Content is based on reliable factual information and that all claims made can be fully substantiated. You warrant that your Content is not libelous, defamatory, false or misleading, indecent, obscene or pornographic or discloses private or personal matters concerning any person. You agree to provide GPAP with evidence to support Your Content if GPAP raises concerns about its accuracy. 

4. You agree to be solely responsible for Your Content and you warrant and represent that Your Content does not and will not violate these Terms of Service.

5. We reserve the right to monitor Your Content posted onto the website. You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any campaign you have created on the website or any of Your Content which we believe violates these Terms of Service or which is or may be false, misleading, offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others. We will strive to make such a decision fairly, but ultimately the decision is solely up to us to make.

5. Creating a Campaign 

1. In order to create a campaign, you must set up an account with us. 

2. GPAP does not endorse or authorise any campaigns or user generated content on the website. 

3. You can use the website to create one or more campaigns that aim to create a more just, fair and sustainable society and do not promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, sexuality, disability, or religion.

4. This website aims to influence decisions makers within Australia and the Pacific.  We do not accept petitions that are aimed at foreign governments, institutions or individuals. If you start a petition that seeks to influence a foreign government, institutions or individual, we reserve the right to amend such petitions, in order to make an Australian or Pacific decision maker the central focus of that petition. In such circumstances, we will identify Australian and Pacific decision makers that may be able to influence relevant foreign governments, institutions or individuals.  We also reserve the right to refer your petition to the appropriate Greenpeace National or Regional Office.

5. The website is non-partisan and cannot be used by or on behalf of a political party or to promote any business or commercial purpose. 

6. Campaigns may not explicitly promote political parties, however: 

1. you are welcome to set up a petition if you are a politician or part of a local political party. However its purpose must not be to promote or oppose a political party or candidate;

2. campaigns should be set up by individuals and not under a party name;

3. campaigns should focus on policy alone;

4. campaigns should be relevant to everyone, whether or not they are members or supporters of a particular political party, which means GPAP is not the place to settle political party in-fighting; and 

5. you agree to inform the GPAP staff team if you are an elected official or candidate so that we can mark your campaign appropriately.

6. Your Account 

1. When setting up your account, you must provide information about yourself that is true, current and complete. 

2. You are solely responsible for maintaining the confidentiality and security of your account. 

3. You are solely responsible for all activities conducted through your account. You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

4. You agree that GPAP can use the email address provided by you, from time to time, to contact you for the purposes of sending you messages or notifications in relation to your account, including for the purposes of notifying you of any third-party complaints regarding the contents of your page, or comments posted by you on the website. GPAP may also use this address for the purposes of serving you with any court proceedings relating to your use of the website.

7. Signing a Campaign

1. If you would like to sign a campaign on the website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign. 

2. When you provide us with your email address and your mobile phone number you consent to receiving messages (including by email, SMS and/or MMS and phone call): 

1. from the creator of the campaign in relation to the campaign you have signed; 

2. from GPAP in relation to other campaigns created on the website; 

3. from GPAP in relation to other campaigns and causes that we think may be of interest to you;

4. from GPAP related trusted third-party providers and partners in relation to other campaigns and causes that we think may be of interest to you; and

5. from members of the GPAP network, but only for the purpose of specific campaigns where you have agreed for your information to be passed on. 

3. You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails or via our contact details at the bottom of these Terms of Service. 

4. You acknowledge that: 

1. when you sign a campaign on the website, your name, postcode and your mobile phone number will be made available to the creator of the campaign; 

2. the creator of the campaign may export the campaign, together with information you have posted on the website in connection with the campaign (including your name, postcode, phone number and comments), and provide the campaign to the individual or organisation being petitioned and/or otherwise publish, broadcast, communicate and display publicly (make public) your involvement in the campaign. The creator of the campaign may not make public your phone number or email address, but is otherwise liable for the storage, use and collection of these details outside of the website. 

5. You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on the website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of the website. 

6. You agree that GPAP can use the email address provided by you, from time to time, to contact you for the purposes of sending you messages or notifications in relation to your involvement with the website, including for the purposes of notifying you of any third-party complaints regarding comments posted by you on the website. GPAP may also use this address for the purposes of serving you with any court proceedings relating to your use of the website.

7. Whilst we welcome all visitors to this site, we cannot guarantee that the website is appropriate or available for use in any territory. Those who visit the website from outside Australia and the Pacific are responsible for complying with all applicable laws.


8. Communications with Individuals who Sign your Campaign  

1. As the creator of a campaign and depending on the status of your campaign, you may have direct or indirect access to the contact details of the individuals signing your campaign. 

2. You may use the email function on the website for the sole purpose of sharing information directly relating to the campaign (such as sending updates on the number of signatures reached).

3. You must not send more than three emails per week to any individual and emails may only be sent through the email function on the website. 

4. All messages, emails and phone calls (together “communications”) must be in line with the acceptable campaign purposes set out in clause 5. 

5. You may not use phone numbers for the purpose of making robocalls, personal calls or for harassing other users.
 6. You must not:

1. make public, or share with any third party, the name, email and/or phone number of an individual signing your campaign, or 

2. build databases, contact lists or other assets that include the name, email and/or phone number of an individual signing your campaign, unless it is for the sole purpose of organising communications for the campaign. 

7. You must immediately stop communicating with anyone who asks to be unsubscribed from your communications.

 8. To the extent that you collect, store, transmit or otherwise use personal information obtained from us pursuant to clause 8, you must abide by the Privacy Act 1988 and all other laws regarding data protection and privacy in respect of that information. 

9. You acknowledge that we have no control over the messages sent to you by the individuals who sign your campaign. 


9. Indemnity 

You agree to indemnify us and keep us indemnified from and against all liability, action, claim, loss, expense, damage and cost, including reasonable legal fees, resulting from any breach of these Terms of Service, Your Content, your conduct in respect of the use of (or inability to use) the website or other users of the website or any activity related to your account or campaign (including negligent or wrongful conduct) by you or any other person using your account, or in connection with any messages you receive from other users of the website.

10. Using the website

1. The website is available for your personal and non-commercial use only. 

2. You acknowledge and agree that we have no control over other users of the website, and are under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any content, information, materials or advice provided by them, any defamatory or otherwise offensive statements.

3. You must use the website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use of the website. 

4. You must not post or transmit any file or data which contains viruses or any other contaminating or destructive features. 

5. You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of the website for the purpose of sending unsolicited commercial messages or for any other purpose. 

6. We update and carry out maintenance on the website regularly, so we may have to suspend access, service or functionality on the website from time to time, without notice. We will not be liable if, for any reason, the website is not available at any time or for any period of time. 


11. Links to Third Party Websites

1. The website may contain links to third party websites. Access to any third-party website which may be reached by the hyperlinks on this website is subject to any notices, including but not limited to copyright notices, which may appear throughout the third party website.  

2. We have no control over third party websites and will not be liable for any loss or damage you suffer or incur when you use a third-party website. 

3. We reserve the right to remove or edit petitions and delete or edit emails or hyperlinks that link to third party petitions in breach of these Terms of Service.

4. Accessing a third-party website from this website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of GPAP as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the third party website.

5. We will not be liable to you or any third party for losses, costs, damages or other expenses incurred as a result of such access and the use of any information contained on third party website.

6. The ability to access a linked site does not:

1. constitute express or implied authority to infringe copyright in any material contained on the third-party website; and/or

2. imply any connection, sponsorship or affiliation between the third-party website and the website or GPAP.


  12. Closing your Account

1. If GPAP determines, in its discretion, that there has been a breach of these Terms of Service through your use of the site, we may take such action as we deem appropriate including but not limited to:

1. immediate, temporary or permanent withdrawal of your right to use the website;

2. immediate, temporary or permanent removal of any posting or material uploaded by you to the website; and/or
 3. legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.

2. If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you make regular back-ups of Your Content.


13. Liability

1. You use the website at your sole risk. 

2. We provide Our Content and Your Content on the website on an “as is” basis, without any warranties, express or implied. 

3. We do not endorse or authorise any organisation, campaign or member generated content on the website.

4. We do not represent or warrant that the operation of the website will be secure, confidential, uninterrupted, reliable, accurate, complete or current.

5. The material and information made available on the website is provided without any warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data.  

6. We do not represent or warrant that files and/or data available for downloading from the website will be free of infection, viruses or other code that manifest contaminating or destructive properties.

7. Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) the website. 

8. While care has been taken in preparing Our Content on the website, we will not accept any liability, including for any loss or damage suffered or incurred or arising in connection with the website, or in connection with any act or omission by us (negligent or otherwise). 

9. Whilst we reserve the right to monitor Your Content, we do not and cannot, and are under no obligation to, review all Your Content and are not responsible for Your Content.

10. To the extent permitted by law, our maximum liability to you will be limited to the lesser of the total amount paid by you (if any) for any chargeable service or feature on the website or AUD $100.


14. Variation and Termination of Terms of Service 

1. The Terms of Service shall continue to have full force and effect until varied or terminated by GPAP.  GPAP reserves the right to terminate the Terms of Service and your access to the website at any time and for any reason.  The Terms of Service relating to intellectual property, Your Content, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of the Terms of Service.

2. GPAP reserves the right to vary the Terms of Service at any time by posting new or varied Terms of Service on the website. You are responsible for reviewing any new or updated Terms of Service on the website and your continued use of the website will constitute an agreement to be bound by such updated Terms of Service.


15. General Terms

1. All references in the Terms of Service to “GPAP” include its employees, contractors, directors, officers, servants, agents and related entities.

2. These Terms of Service set out the entire agreement between you and us relating to your use of the website and supersedes all prior discussions and communications. 

3. There is no relationship of employment, partnership, agency or fiduciaries between you and us.

4. The agreement constituted by the Terms of Service is governed by the laws of the State of New South Wales, Australia.  You irrevocably submit to the jurisdiction of the courts of that State.  

5. Our waiver of a breach by you of these Terms of Service does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these Terms of Service.

6. If you have a complaint or dispute with the website, a user or these Terms of Service, you agree that you will provide details of the complaint or dispute to GPAP at support.au@greenpeace.org.

7. Your obligations are as follows:

1. use best endeavors to resolve the complaint or dispute; 

2. act in good faith in resolving the complaint or dispute; and 

3. allow GPAP a reasonable time to respond to the complaint or dispute, before commencing any legal action.  
8. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.


16. Privacy 

We will deal with your personal information in accordance with our Privacy Policy. Our Privacy Policy may be found here: http://www.greenpeace.org/australia/en/privacy-policy/

If you have any questions regarding the website or the Terms of Service then you may contact us at:

Phone:  1800 815 151
Email: support.au@greenpeace.org.

Last updated: 5th September 2017