These Terms are current as of 5 August 2024.
These Terms are important. By using the My Solas Platform, you represent and warrant to us that you have read these Terms in full. If you don’t agree with these Terms, then you must not use the My Solas Platform.
Welcome to My Solas
The My Solas Platform facilitates interactions between members of the disabled community to connect, share insights and take control of their journey. We provide an online venue to introduce users in the disability community in various ways, including:
- [My Solas Careers]
- [My Solas Events]
- [My Solas Insights]
- [My Solas Marketplace]
These terms of use (the “Terms”) are a legally binding agreement between you and My Solas that govern your right to use the My Solas Platform.
Quick Links
- Privacy Policy
- Community Guidelines
Contents
When we say “My Solas”, “we”, “us” or “our” in these Terms, we’re referring to My Solas Pty Ltd (ACN 674932784) and its affiliates. If your Customer Agreement or invoices specify an affiliate of My Solas Pty Ltd, then these Terms will apply between you and that affiliate.
When we say “you” or “your” in these Terms, we’re referring to any of the following types of users and customers:
- “User” means any person who uses or accesses the My Solas Platform;
- “Organisation” means a business that uses or accesses the My Solas Platform;
- “Organisation User” means a User that is linked to an Organisation’s Account, including as an employee or account administrator;
and,
- “Advertiser” means an Organisation that is accessing the My Solas Platform to post a Job or utilising our services for any reason related to the purpose of seeking candidates for employment;
- “Candidate” means a User who is accessing the My Solas Platform to search or apply for a Job or in any other capacity except as an Advertiser;
- “Consumer” means any User who uses the My Solas Platform to purchase Providers Goods or Provider Services;
- “Organiser” means any User who lists or posts an Event on the My Solas Platform; and
- “Provider” means any User who uses the My Solas Platform to sell Provider Goods or Provider Services.
If we need to refer to a specific type of user or customer and not the other types, we use one of the terms above instead of “you”.
1.2 DEFINED WORDS IN THESE TERMS
When capitalised in these Terms, words defined in bold or listed below have a specific meaning:
“Applicable Laws” means all laws, regulations, by-laws, ordinances, codes of conduct, implementing rules / regulations and issuances from authorised bodies that apply to you and your use of the My Solas Platform;
“Consumer Laws” means the Competition and Consumer Act 2010 (Cth), as may be amended from time to time, including the Australian Consumer Law set out in Schedule 2, and all related regulations;
“Customer Agreement” means any applicable written agreement between us and a User relating to its use of the My Solas Platform;
“Employment Law” means:
- all laws and regulations related to the employment or engagement of a person by another person (as amended from time to time), including the Fair Work Act 2009 (Cth), the Fair Work Regulations 2009 (Cth) and any law or regulation related to independent contracting, sham contracting, immigration, discrimination, taxation, superannuation, work health and safety, workers compensation or modern slavery; and
- any applicable Fair Work Instrument (as defined in section 12 of the Fair Work Act 2009 (Cth)) or other applicable industrial instruments;
“Event” means an event posted or listed by an Organiser on the My Solas Platform;
“Job” means a Listing by an Advertiser listed on the My Solas Careers page or otherwise seeking services that are covered by Employment Laws;
“Listing” means any post offering the sale of Provider Goods or Provider Services, or an advertisement for a Job;
“NDIS” means the National Disability Insurance Scheme;
“NDIS Laws” means the National Disability Insurance Scheme Act 2013 (Cth) as amended from time to time, and all related regulations;
“Provider Goods” means any item (including second hand items) offered for sale in a Listing; and
“Provider Services” means any activities offered for performance by a Provider for a Consumer in a Listing.
2.1 HOW YOU AGREE TO THESE TERMS
By using the My Solas Platform, you agree to these Terms, any policies they link to and any specific terms and conditions that apply to any additional products or services you use. Your acceptance of these Terms forms a legally binding contract between you and My Solas.
Some of the sections in these Terms may not apply to your use of the My Solas Platform, so to understand how you agree to these Terms:
- if you are using the My Solas Platform without creating an Account (such as viewing the My Solas Platform), you agree to be bound by all sections of the Terms that by their nature apply to your use of the My Solas Platform; and
- by creating an Account in accordance with section 4 of these Terms, you will be asked to tick a box to indicate to us that you agree to be bound by these Terms at all times while using the My Solas Platform.
It’s important you read these Terms carefully and let us know if you have any questions as your failure to read these Terms will not limit or otherwise affect the enforceability of these Terms.
2.2 UPDATES TO OUR MY SOLAS PLATFORM AND TERMS
We are constantly changing and improving our My Solas Platform. We may add or remove features or functions and we may suspend or stop providing a feature or service altogether.
We may update any part of these Terms from time to time at our sole discretion. If we update these Terms, we will use reasonable endeavours to provide you with notice of the update. You are free to stop using the My Solas Platform if you don’t agree to the new Terms. If you continue to use the My Solas Platform after such notice is given, you will be taken to have agreed to the updated Terms.
2.3 YOUR USE OF THE MY SOLAS PLATFORM
Depending on the type of account you have, and the features on the My Solas Platform you use, other terms and conditions may apply to you (collectively called “Feature Specific Terms”), including your Customer Agreement; and any additional terms that apply to features or products offered by us that you use, as notified and agreed by you before you access those features or products.
If there is any inconsistency between your Customer Agreement, these Terms and any Feature Specific Terms, then (to the extent of the inconsistency):
- the terms of your Customer Agreement will take priority over these Terms and any Feature Specific Terms that apply; and
- in relation to the specific product or service that they govern only, the relevant Feature Specific Terms will take priority of these Terms.
3. YOUR RELATIONSHIP WITH MY SOLAS AND OTHER USERS
In providing the My Solas Platform, we don’t participate in the actual Listing or Event. We don’t own Provider Goods or Provider Services listed on our My Solas Platform and we don’t offer them for sale, nor do we act as an agent for either party. We also don’t take part in the actual provision of the Provider Services, nor do we participate or take part in any Event.
You acknowledge and agree that My Solas:
- provides an introductory service as a passive conduit to facilitating the relationship between Users, through providing the My Solas Platform;
- is in no way party to any contractual relationship formed between Users in relation to the Listing, Event or Job;
- does not personally offer to you, or endorse or recommend any Event or Organiser; and
- does not personally offer to you, or endorse or recommend any Provider Goods, Provider Services, or Jobs advertised in any Listings.
To the extent a section of these Terms is relevant to the relationship between Users, these Terms will form a binding set of obligations between Users for the purpose of interacting on the My Solas Platform, including Listings, Events, and any issues or disputes.
It’s your responsibility to ensure that you comply with all Applicable Laws while engaging with the My Solas Platform, including but not limited to the posting and provision of any Listing and Event.
While it is your responsibility to comply, My Solas is committed to protecting its community of Users and reserves the right to, without any obligation to take all necessary steps to enforce compliance with the Applicable Laws.
To create an account on the My Solas Platform (an “Account”), you must:
- be at least 18 years old and capable of entering into a legally binding contract in Australia;
- be a resident in Australia (unless we specifically agree with you otherwise); and
- complete the registration process and provide true, correct and up-to-date information.
We may allow you to register or log in to some of our services with a third-party service (e.g., Facebook or Google), in which case we will access, store and use your information from that service, subject to their terms. Please see our [Privacy Policy] for more information on how we access and store data from third parties.
In order to use the My Solas Platform, you only need one Account. You cannot create an Account under multiple identities, personas, or aliases (whether they are false or not). You may create an Organisation Account, in addition to your User Account.
My Solas will active your account full access upon completing our checks which include confirming an active ABN number and verifying details of your business and or/services offered.
My Solas may request to cite documentation to verify your identity and business operations. One document that may be requested is a current criminal history check.
When disclosable court outcomes are listed on a criminal history check, My Solas take the following into consideration when making a decision to proceed with registration.
- The nature and gravity of the offense;
- The time that has passed since the offense or conduct and/or completion of the sentence;
- The nature of works and/or activities sought.
Should the disclosable outcomes be deemed as a potential risk to consumers, My Solas reserves the right to refuse registration to the platform.
My Solas may request an updated criminal history check at any time during your membership. In the event of any disclosable outcomes that pose a potential risk to consumers, My Solas retains the right to terminate your registration on the platform.
If you become aware of any changes to disclosable court outcomes on your criminal history check, you must notify My Solas within 24 hours of becoming aware. Failure to comply will lead to the immediate cancellation of your registration on the platform.
On the My Solas Platform, we offer two types of Accounts:
- Users may create a free Account to access User features of the My Solas Platform (a “User Account”); and
- Organisations may create an Account to access Organisation features of the My Solas Platform (an “Organisation Account”).
When a User Account is connected to an Organisation Account, the User also becomes an Organisation User. When a User is also an Organisation User, there may be changes to how some of the Terms apply or what features are available to the User.
When an Organisation User stops being connected to an Organisation Account, the User will continue to have a User Account.
4.4 FREE ORGANISATION ACCOUNTS
We may offer some features on the My Solas Platform to Organisations for no charge (a “Free Organisation Account”).
We may vary which My Solas Platform features are available to Free Organisation Accounts and terminate any Free Organisation Accounts at any time at our discretion, without liability to you.
4.5 PAID ORGANISATION ACCOUNTS
Pricing for paid access to the My Solas Platform by an Organisation (a “Paid Organisation Account”) is as set out on the My Solas Platform or in the Customer Agreement (if applicable).
By activating a Paid Organisation Account or engaging us to provide you with any other paid products or services, you are agreeing to pay any applicable fees.
You must maintain and update your personal and account information, to ensure it’s always current and correct. We may need to verify your details.
You’re responsible for all the activity that happens on your Account. To protect it, keep your login information secret and secure, change your password regularly, and don’t let anyone else use your Account.
You may terminate your Account at any time, for any reason. We’ll need around three days to process your request. Similarly, we may refuse to offer some or all of the features of the My Solas Platform to you without prior notice, for any reason.
If we have restricted or prohibited your access to the My Solas Platform, we will have done this for a reason and, if we can, we’ll tell you why. You agree not to bypass these controls, for example, you agree not to create a new Account. If we explained why your access to the My Solas Platform has been restricted or prohibited, we reserve the right to cease further correspondence with you.
If your Account is terminated (by you or by us), your ability to access our My Solas Platform will end and you must stop using the My Solas Platform. If you visit our My Solas Platform after termination, or otherwise use the My Solas Platform, these Terms will apply.
5.1 SUBSCIRPTIONS
We may offer access to the My Solas Platform or certain features of it on a recurring paid subscription basis (“Subscription”). If you choose to subscribe to a Subscription, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
5.2 SUBSCRIPTION PERIOD AND AUTORENEWAL
You agree to join My Solas for the minimum period (“Minimum Period”), and to make the regular payments (“Regular Payments”) specified at the Subscription point of sale for the duration of the Minimum Period.
After your Minimum Period ends, Regular Payments will continue until your Subscription is cancelled. To avoid charges for a new Subscription period, you must cancel, as described below, before the end of the then-current Subscription period. Deleting your Account does not cancel your Subscription. You will be given notice of changes in the pricing of the Subscriptions to which you have subscribed and an opportunity to cancel. If My Solas changes these prices and you do not cancel your Subscription, you agree that you will be charged at My Solas’ then-current pricing for Subscription.
5.3 CANCELLING SUBSCRIPTIONS
If you wish to cancel your Subscription, you must provide at least 5 business days’ prior written notice of this intention. You can request to cancel your Subscription on the My Solas Platform via the ‘Contact Us’ link on our homepage or by emailing us hello@mysolas.com.au. Once you have made your request, we will be in touch with you promptly to finalise the process. Direct debits of Regular Payments will be stopped after the end of your notice period.
If you choose to terminate your Subscription before the end of your Minimum Period, you must pay an early cancellation fee of 50% of the balance of Regular Payments you are contracted to pay for your full Minimum Period (“Early Cancellation Fee”).
We may debit any applicable Early Cancellation Fee from your bank account. If any prepayment for your Subscription is greater than the Early Cancellation Fee, we will arrange a refund. Cancellation will be effective from the start of your next billing period.
No Early Cancellation Fee will apply if you choose to cancel your Subscription after the end of your Minimum Period.
5.4 CANCELLATION BY SOLAS
If at any time we reasonably believe you to be in breach of these Terms, we reserve the right to cancel your Subscription, effective immediately, by giving you notice in writing. Breaches of your Subscription include:
- account arrears of more than 4 weeks;
- breaching our Terms, Privacy Policy or other terms and conditions that apply to the products or services you use; or
- carrying out any illegal, offensive or unsafe activity on the My Solas Platform.
Any exercise of our rights to cancel your Subscription is without prejudice to any other rights and remedies available to My Solas under these Terms or at law, and Early Cancellation Fees may apply.
5.5 CHANGES TO YOUR SUBSCRIPTION
From time to time, we may need to make changes to our Terms (including adjustments to Subscription fees). If any changes are required, they will not apply retrospectively. Generally, we endeavour to provide at least 4 weeks’ written notice of material changes to any terms before they become effective, however, on rare occasions we may need to make immediate changes. If a change is considered immaterial (as reasonably determined by us), a notification may not be deemed necessary. Except where we are required by law to make the change, if you find a modified term unacceptable you may cancel your Subscription by giving us the standard advance notice, even if you are within your Minimum Period. Please ensure you are referring to the latest Terms by referring to the date at the top of this document.
6. MY SOLAS MARKETPLACE TERMS
We provide an online marketplace hosted on the My Solas Platform, which facilitates interactions between Providers and Consumers to locate, communicate, arrange payment and deliver disability support goods and services in a fast and secure manner (“My Solas Marketplace”).
In providing the My Solas Marketplace, we don’t participate in the actual sale of Provider Goods and Provider Services, or the transaction itself. We also don’t own any Provider Goods listed on the My Solas Marketplace and don’t offer them for sale, nor do we act as agent for either party. We also don’t take part in the provision of the Provider Services.
A Provider may post a Listing at any time through the functionality of the My Solas Platform.
When creating a Listing, the Provider will have the ability to create a profile to be displayed on the My Solas Marketplace, which includes but is not limited to a profile summary, an image relating to the Listing and a description of the Provider Goods or Provider Services being offered in the Listing.
All Listings must comply with the [Community Guidelines] and My Solas reserves the right to not publish or remove at any time any Listing which violates the [Community Guidelines].
Any Consumer may, in its absolute discretion, engage with any Listing, which is not a commitment to proceed with the offer in the Listing.
If a Provider and Consumer agree to the terms of a Listing (as amended by any related communications through the My Solas Platform), they may use the functionality on the My Solas Platform to agree to exchange the Provider Goods or Provider Services, for a fee as agreed between them (in accordance with all Applicable Laws).
My Solas is committed to protecting its community of Users and reserves the right to, without any obligation to request further information about your Listings. For example, we may ask a Provider to provide proof that a Provider Good is in your possession, or that a Provider Good meets any relevant safety standards or laws.
For the avoidance of doubt, all purchases and payments made pursuant to any agreement which utilises the My Solas Platform is between the Users and to the exclusion of My Solas.
If a Listing offers the performance of Provider Services, the Provider:
- represents and warrants that it has the appropriate skills, qualifications, and experience to perform the Provider Services described in the Listing and otherwise communicated on the My Solas Platform;
- must ensure that the Provider Services:
- are of an acceptable standard with regard to the nature of the Provider Services as described by the Provider;
- are performed with due care and skill; and
- meet all representations made to the Consumer in relation to the Provider Services; and
- is responsible for ensuring compliance with NDIS Laws and work health and safety procedures when performing the Provider Services, including ensuring they hold workers’ compensation insurance, professional indemnity and worker’s compensation insurance as applicable to the Provider Services.
If a Listing offers Provider Goods for sale, the Provider:
- represents and warrants that:
- they are the sole beneficial owner of the Provider Goods, with title lawfully obtained, free from any security interests, finance, or other encumbrances;
- any defects (including minor defects) are clearly and accurately stated in the description of the Provider Goods and are not otherwise disguised or overlooked in the Listing; and
- acknowledges and agrees that Consumers have rights under the Consumer Laws, which to the extent applicable to the Provider and Consumer, apply to second-hand goods to the extent reasonable with regard to their age, description and price. This includes that the Provider Goods are of acceptable quality, will match its description and be fit for purpose. The Provider must have regard to these guarantees when describing the quality, condition, and functionality, and setting the price, of the Provider Goods and must not attempt to exclude, restrict or modify any guarantees that are applicable under the Consumer Laws.
If a Listing offers the performance of Provider Services, the Consumer:
- acknowledges that it is responsible for reading the Provider Services description and satisfying itself that the Provider Services as described will meet the Consumer’s requirements prior to entering an agreement with the Provider;
- is responsible for ensuring the location for performance of the Provider Services is made accessible to the Provider on the agreed date, at the agreed time, for performance; and
- is strongly encouraged to hold home and contents insurance and public liability insurance if applicable to the Provider Services.
If a Listing offers Provider Goods for sale, the Consumer acknowledges that provider Goods may be second hand if described as such, and the Consumer is responsible for reading the description of the Provider Goods and satisfying itself that the Provider Goods as described will meet the Consumer’s requirements prior to agreeing to purchase the Provider Goods, including with regard to its age, description and price.
We provide an online employment marketplace hosted on the My Solas Platform, which facilitates interactions between Advertisers and Candidates to post and search for employment opportunities in the disability industry (“My Solas Careers”).
When advertising a Job in a Listing, the Advertiser:
- must ensure that all Listings posted to the My Solas Platform (or on your behalf) comply with all Applicable Laws, including (but not limited to) those relating to:
- NDIS Laws;
- Employment Laws;
- employment and the advertising of employment opportunities;
- anti-discrimination and equal opportunity;
- consumer protection (including prohibitions on misleading and deceptive conduct);
- privacy and data protection; and
- acknowledges and agrees that:
- the Advertiser will not add any content that My Solas considers misleading, deceptive, defamatory or infringes on a third party’s intellectual property or is otherwise objectionable; and
- My Solas does not audit communication and files sent through the My Solas Platform. We cannot guarantee they’ll be free from harmful programs like viruses or trojans.
My Solas reserves the right to remove any Listings that are in breach of the [Community Guidelines]. My Solas also reserves the right to remove any Listing that it deems inappropriate at its sole discretion.
We support fair and progressive employment principles, which includes ensuring strict adherence to all Applicable Laws (including but not limited to Employment Laws) concerning discrimination and equal opportunity. All Listings you post on the My Solas Platform must not specify preferences or requirements (in an express or implied manner) relating to matters such as race, language, age, religion, marital status or other legally protected characteristics unless this is permitted by all Applicable Laws.
We provide an online venue for Organisers to post and list Events relevant to the NDIS (“My Solas Events”).
8.2 OUR ROLE
We are not the creator, organiser, or owner of the Events, nor are we the seller of tickets, registrations or any merchandise on the Event. Instead, we provide the My Solas Platform, which allow Organisers to manage ticketing and registrations and promote their Events.
8.3 ORGANISER OBLIGATIONS
When hosting an Event, the Organiser is solely responsible for ensuring that their Event and any page displaying an Event complies with any Applicable Laws, and that any goods and services described on the Event are delivered as described and in an accurate, satisfactory manner.
We provide an online blog feature on the My Solas Platform under which a Provider may provide content (an “Insight”) about their NDIS business or experience (“My Solas Insights”).
9.2 INTELLECTUAL PROPERTY
The Provider retains all title and ownership rights in the Insight.
When you upload content to My Solas Insights, you still own it. You do, however, give us permission to use it ways necessary to provide, improve, promote and protect the My Solas Platform. For example, if you upload a photo to your Insight, you give us the right to save it and display it on our My Solas Platform. We also may promote of feature your Insight on our My Solas Platform, but you can opt out if you don’t want us to do that.
If you provide an Insight, you grant My Solas a perpetual, irrevocable, world-wide licence to distribute, reproduce, publish and print the Insight in accordance with these Terms and our [Privacy Policy].
You agree that My Solas may sub-licence third parties to reproduce or communicate the Insight, including any form of communication or through electronic or online databases as My Solas sees fit.
You shall not, at any time, do or suffer to be done any act which would impair materially My Solas’ rights in or to the Insight.
If you provide an Insight, you warrant that you are the owner of all original content.
The Provider acknowledges that in order to promote the Insight, it may be necessary for My Solas to produce and distribute marketing material in print and/or electronic formats that includes adaptations or abridgements of the Insight and the Provider consents to My Solas doing these acts. My Solas agrees that it will not modify the Insight for any purpose other than promotion without the prior written consent from the Provider. The Provider agrees that permission will not be unreasonably withheld.
The Provider acknowledges that:
- the use or duplication of the Insight in any other businesses by the Provider would constitute a breach of these Terms; and
- it must not be a party (directly or indirectly) to the doing of any act, matter, omission or thing which may endanger, jeopardise or prejudicially affect the goodwill, image or standing of My Solas.
The Provider will:
- not sell, transfer, assign, license, part with possession or otherwise deal with the Insight other than specified in these Terms;
- at the Provider’s cost, change the Insight and the manner in which they are display or used when reasonably requested by My Solas;
- not, without the prior written consent of My Solas, use the Insight to conduct any businesses which is substantially identical or deceptively similar to the business of My Solas; and
- will disclose within the Insight if any remuneration or compensation was received, in any form, from a third-party whose products or services form the basis of or are referenced in the Insight.
All requests to reuse the Insight, in whole or in part, in another publication (including in all commercially published edit Insight) will be handled by My Solas. Any permission fees will be retained by My Solas. All requests to use or include substantial parts of the Insight in another publication will be subject to the Provider’s approval, which is deemed to be given if we have not heard from the Provider within 14 days from the date of providing notice to the Provider at the Provider’s last notified address.
The Provider indemnifies and keeps indemnified My Solas in full against all liability, loss, damages, costs and expenses incurred in connection to or arising from any claim, suit, action or proceeding brought against My Solas and/or the My Solas’ officers, directors, shareholders, representatives, employees, agents, distributors, licensees, or any respective affiliates out of or relating to:
- a breach by the Provider of any term or warranty in these Terms; or
- any damage or injury to any person or property arising out of or relating in any way, directly or indirectly, to the Provider’s breach of these Terms.
10.1 TYPES OF CONTENT
There are three types of content that you will be able to access on the My Solas Platform:
- content that you upload or provide (“Your Content”);
- content that other Users provide (“User Content”); and
- content that we provide (including but not limited to the My Solas Platform) (“Our Content”).
There is certain content we cannot allow on the My Solas Platform.
Our [Community Guidelines] form part of these Terms and outline what content and conduct is accepted on and off the My Solas Platform. You agree to comply with our [Community Guidelines] as may be updated from time to time.
We want our Users to be able to express themselves them on the My Solas Platform, but we have to impose certain restrictions on content which is:
- is illegal or encourages, promotes or incites any illegal activity;
- is harmful to minors;
- is defamatory or libellous;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent;
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic, violent or otherwise may offend human dignity;
- is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
- involves the transmission of “junk” mail or “spam”;
- impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behaviour);
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from My Solas or otherwise; or
- in any other way violates our [Community Guidelines].
10.2 YOUR CONTENT
You agree that Your Content must comply with our [Community Guidelines] as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any banking information on the My Solas Platform whether in relation to you or any other person (for example, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other Users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As My Solas is a public community, Your Content will be visible to other Users of the My Solas Platform – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other Users and any person visiting, participating in or who is sent a link to the My Solas Platform. By uploading Your Content on the My Solas Platform, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content – if it’s important, you should make a copy.
So that we can prevent the unconsented use of Your Content by other Users or third parties outside of My Solas, you authorise us to act on your behalf with respect to such infringing and/or unauthorised uses. This expressly includes the authority, but not the obligation, for us to send formal demands on your behalf if Your Content is taken and used by third parties outside of My Solas.
10.3 USER CONTENT
Other members of My Solas will also share content via the My Solas Platform. User Content belongs to the User who posted the content and is stored on our servers and displayed via the My Solas Platform at the direction of the User providing the User Content.
You do not have any rights in relation to other Users’ User Content and we reserve the right to terminate your Account if you misuse other Users’ information.
10.4 OUR CONTENT
All right, title and interest in and to Our Content remains with us at all times.
To enable you to use and enjoy the My Solas Platform, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our My Solas Platform under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the My Solas Platform;
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from Our Content or scrape, disable, decompile, analyse or in any way commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
We do not grant you any other rights whatsoever in relation to the My Solas Platform or Our Content. We retain all of our intellectual property rights, including our rights in the software and source code used, to provide the My Solas Platform and Our Content. You may not adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the My Solas Platform, or commercialise or on-sell any information obtained from the My Solas Platform or Our Content, without our prior written consent.
10.5 NO OBLIGATION TO PRE-SCREEN CONTENT
While we don’t assume any obligation to pre-screen any of you Your Content or any User Content, there may be times we need to step in. We reserve the right to review, pre-screen, refuse and/or remove any User Content or Your Content, including content exchanged between Users in direct messages via the My Solas Platform.
11. COMMUNICATING WITH EACH OTHER
11.1 OUR COMMUNICATIONS WITH YOU
We may contact you about your Account, your use of the My Solas Platform and any other activities on the My Solas Platform. Our [Privacy Policy] has more information on this.
11.2 YOUR COMMUNICATIONS WITH OTHER USERS
We may provide a messaging function for our Users to use from time to time. You agree to only use the My Solas Platform’s messaging functionality to communicate with other Users, and to use that functionality in with the [Community Guidelines].
We don’t screen messages before they are shared with other Users, and we aren’t responsible for any of the messages or opinions expressed. By posting a message on the My Solas Platform you agree that you’re fully responsible and liable for your comments, including if those comments are offensive, defamatory or breach any Applicable Laws.
If we become aware of any harmful, offensive or otherwise unacceptable messages, we’ll take appropriate action.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this section 12, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- My Solas will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the My Solas Platform and the content is at your own risk. Everything on the My Solas Platform and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of My Solas make any express or implied representation or warranty about the content or any products or content (including the products or content of My Solas) referred to on the My Solas Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the My Solas Platform, the content, or any of its content related products (including third party material and advertisements on the My Solas Platform);
- costs incurred as a result of you using the My Solas Platform, the content or any of the products of My Solas; and
- the content or operation in respect to links which are provided for your convenience.
My Solas’ total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that My Solas, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that My Solas holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the My Solas Platform.
If you want to terminate the Terms, you may do so by providing My Solas with 30 days’ notice of your intention to terminate by sending notice of your intention to terminate to My Solas via the ‘Contact Us’ link on our homepage.
My Solas may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- My Solas is required to do so by law; or
- the provision of the services to you by My Solas, is in the opinion of My Solas, no longer commercially viable.
Subject to Applicable Laws, My Solas reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the My Solas Platform or the services without notice if you breach any provision of the Terms or any Applicable Law or if your conduct impacts My Solas’ name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and My Solas have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify My Solas, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the My Solas Platform or attempts to do so; and/or
- any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
- within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
- the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
- the mediation will be held in Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The services offered by My Solas is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the My Solas Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.