MyNFP Terms and Conditions

In these terms and conditions, "we" "us" "our" and "MyNFP" refers to My NFP Pty Ltd and the service we provide at www.mynfp.com.au, ("the Service"). Your contribution, access to and use of all information ("Content") on this website is provided subject to these terms and conditions.

By entering and using this site you will be deemed to have read, understood and agreed to the terms and conditions set out below.

If you are entering and using this site on behalf of or in conjunction with an organisation, you are acknowledging that you are doing so with the authority of that organisation, and also that the organisation has agreed to be bound by these terms and conditions. Where we refer to "you" in these terms and conditions, we are including your organisation.

We reserve the right to amend this Notice at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Users

1. In order to access the Service provided on this website, you must become a user. To become a user you must provide certain information to us, or information will be provided to us by your organisation on your behalf. Please also refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your user details, including your name and email address, are true and accurate at all times and you undertake to update your user details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to cancel your registration.
3. On registration, we provide you with a password and username. On registration, you agree to pay for the Service as set out on our website.
4. You are responsible for maintaining your own communication settings, including for other users within your organisation and your contacts generally. This means you will use reasonable effort to respond to requests, at your cost, such as opting in or out to communications, or questions and complaints relating to your use of the Services.
5. We reserve the right to terminate your access at any time if you breach these terms and conditions.

Shared Content

6. You are responsible for all and any Content you contribute to the Service. When you provide Content you retain ownership of the intellectual property in that information, and you are only granting us the limited rights that are needed to run the Service.
7. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.
8. By using the Service you are consenting to the storage, processing and transfer of your data. This permission extends to the third parties that MyNFP works with in providing the Services, such as the virtual server provider and back up service.
9. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.
10. As a user, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.
11. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

Site Access

12. Access to our Service does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
13. MyNFP may update the Services from time to time or schedule site maintenance to ensure the Service continues to meet with commercially realistic standards, and remains in a secure environment.

Fees and Payments

14. You authorise MyNFP to charge our fee using your selected payment method, and you will pay for all agreed fees. Fees are non-refundable except for the first two monthly payments, or as required by law.
15. You are responsible for ensuring that your billing and contact information is accurate and remains up to date. We reserve the right to pass on to you any costs that we incur as a result of you not doing this.
16. We may revise our fee once per year, to remain in line with the increases we will experience in our cost of inputs to provide the Service to you. This increase will be not more than the increase to the Australian Consumer Price Index (CPI) as measured and published by the Australian Bureau of Statistics, available at www.abs.gov.au
17. Any proposed fee increase in excess of the increase to the Consumer Price Index will be communicated to you with not less than 30 days notice.
18. Our fee is subject to the Goods and Services Tax (GST).

Hyperlinks

19. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
20. MyNFP has no direct control over the content of any linked websites, or the changes that may occur to the content on those websites. Links to external websites are provided in good faith, but it is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. Users of links provided by this website are responsible for being aware of which organisation is hosting the website they visit.
21. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

22. Under Australian and international law, the material on our website, including all pages, graphics and services, is subject to copyright. You must not:
    • unlawfully use any of our copyright material; or
    • pass off content from our site as your own - this includes copying and reusing parts of the site
23. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
24. All trade marks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
25. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
26. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

27. The material on this site is general in nature and while we make every effort to ensure it is accurate and up to date (unless denoted as archived material), providing any information or material on this site does not in any way constitute the provision of professional advice.
28. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
29. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
30. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
31. From time to time we may host third party content on our website. MyNFP does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or any linked site. Users should seek appropriate independent professional advice prior to relying on, or entering into any commitment based on material published here, which material is purely published for reference purposes alone.
32. Material, summarised views, standards or recommendations of third parties, which may also be included on this site, do not necessarily reflect the views of MyNFP or indicate a commitment to a particular course of action.

Limitation of Liability

33. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service again or payment of the costs of having those services supplied again.
34. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

Indemnity

35. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

36. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
39. Our compliance with privacy legislation is set out in our separate Privacy Policy.

Term

40. You may cancel your subscription to our Service at any time by cancelling your payments. You are not required to provide notice or any other advice. It is your responsibility to ensure that all content you have stored on MyNFP is removed prior to cancelling your subscription. Once you have cancelled your subscription you will not be able to access the site, nor any content that you have stored on it.
41. If we cancel your subscription, for example because you have not complied with these terms and conditions, we will provide you with access and adequate time to remove content that you have stored on MyNFP.
42. After a reasonable amount of time has elapsed, we reserve the right to delete any of your content that remains on MyNFP, along with your user account.