Terms & conditions

Effective date: 23 August 2024

Background

Welcome to the AMPLIFY Community Platform. 

This platform and its associated online or virtual Services (Platform) is owned and operated by Apollo Research Limited (ABN 86 669 682 777), a charity registered with the Australian Charities and Not-for-Profits Commission (Apollo Research). 

These terms and conditions (Terms) govern your access to and use of the Platform and all other websites, mobile apps, widgets, emails, and other online products and services (collectively, the Services). These Terms also govern your participation in any in-person or online forums, talks or webinars provided by us (the Events).

In these Terms, the words “we”, “our” and “us” refer to Apollo Research and its directors, officers, employees, agents, related entities and affiliates and “you” or “your” means the person (including a corporate entity) who agrees to be legally bound by these Terms.

Please read these Terms carefully before accessing or using any of our Services or signing up for any Events. By using the Platform, accessing any of our Services, including by signing up for an account on this Platform, or attending any Events, you agree to be legally bound by these Terms. If you do not agree to be legally bound by these Terms, you must not, and are not permitted to, use or access our Services or attend our Events.

Definitions

Unless expressly provided otherwise, in these Terms:

Community Commitments” means our community conduct standards and community commitments that Users and Participants must abide by when using or accessing our Services and/or attending our Events that can be accessed at the following link: [insert].

Content” means any content, documents or materials including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information.

Event Material” means the Content provided to Participants in connection with an Event.

Events” has the meaning given in the Background of these Terms.

Intellectual Property Rights” means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, trade secrets, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields and includes moral rights.

Participant” means a participant in an Event. 

Platform” has the meaning given to that term in the Background.

Privacy Policy” means the privacy policy of Apollo Research (as amended from time to time), the current version of which can be accessed at the following link: [insert]. 

Service Content” means all Content made available on our Platform or the Services, other than User Content.

Services” has the meaning given in the Background of these Terms.

Terms” means these terms and conditions. 

User” means a user of a Service.

User Content” means Content generated by a User and posted to a Service.

you” and “your” and means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.

Any reference in these Terms: (i) to the singular includes the plural; (ii) to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute; (iii) to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only.

Access to the Services 

You may only access or use our Services for your own personal use. 

You may only access the Services and attend our Events if you are over the age of 18 and over the minimum age required to access any applicable Service. By using the Services and attending our Events, you warrant to us that you: 

  1. are at least 18 years of age and over the minimum age required by the laws of your country of residence to access our Services and attend our Events; 
  2. have legal standing and capacity to enter into a binding agreement with us; and
  3. have not been disqualified or barred from using or accessing the Services or attending our Events.
  4. Disclaimer

The Platform, its Content and all Events are provided to you ‘as is’. Your access to and use of the Services or participation in any of our Events are at your own risk.

In order to use the Services, you will need internet access and devices and systems which are compatible with our Services. You may also require internet access and devices and systems which are compatible with our hosting platforms to access Events. These requirements may at our sole discretion and without notice change and it is your responsibility to ensure that your devices and systems meet the relevant requirements. We have no obligation to make any of our Services or Events available to you at any time or on any device or system.

You are responsible for taking all necessary steps to ensure that your access to and use of our Services or Events does not expose you or your computer system to interference or harm, including interference or harm from viruses or other malicious computer code. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of our Services or access to our Event or any linked website or service.

You may link to our Services or online Events, provided you do so in a manner that is at all times legal and does not damage our reputation. You must not establish such a link or engage in any conduct in relation to that link which represents any form of association, approval or endorsement that does not exist.

Events

Offer of Events

We may offer or host Events from time to time on the Services or in-person and which may be marketed through the Services. 

If you would like to register for an Event you will need to provide your contact details and maybe required to sign up for an account.

Rules for participating in Events

  • be over 18 years of age and over the minimum age required to access any applicable Service;

When participating in Events or interacting with other Participants, you must comply with the conduct standards set out in our Community Commitments and, without limiting the generality of the Community Commitments, you must:

  1. not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. be respectful of each other Participant, their friends and their family;
  3. not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. not make any comments that refer to material that is untrue, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent;
  5. not make any statements that are of nuisance value or vexatious;
  6. not infringe the Intellectual Property rights of others;
  7. not solicit anyone to buy or sell products or services, or to make donations of any kind on the Services, without our express written approval.

You acknowledge that, without limiting any other remedy we may have, we reserve the right to ask you to leave an Event or to stop, limit, regulate, restrict or withdraw, temporarily or permanently, your access to or use of the Services. 

Your participation in any Event or any activities, exercises or discussions during, or as a result of, an Event is strictly voluntary and you are solely responsible for your own well-being and assume all risks arising from such participation, including without limitation any potential emotional or psychological distress you may experience.

Change to Events without notice

Events will be hosted at the time and location published on the Platform or notified to you by email after you register your interest. We reserve all rights to and may discontinue or cancel an Event at any time in our absolute discretion without prior notice. 

If we discontinue or cancel an Event, we will use all reasonable endeavours to notify you via email or by publishing a notice on our Platform. 

Licence to use Event Material

  1. modify or copy the Event Material;

We may provide access to Participants to Event Material that may be used in connection with an Event.

We grant each Participant that has registered for the related Event a non-exclusive, revocable, royalty free licence to use and download (if applicable) the Event Material shared in connection with the Event (if any). This grant of licence is not a transfer of title of any Intellectual Property rights in the Event Material and under this licence you may not:

  1. use the Event Material for any commercial purpose, or for any public display (commercial or non-commercial);
  2. remove any copyright or other proprietary notations from the Event Material; or
  3. transfer the Event Material to another person or ‘mirror’ the materials on any other server.

The license granted to you in relation to the Event Material shall automatically terminate if you violate any of these restrictions set out in these Terms and may be terminated by us at any time. Upon termination of the licence, you will no longer be able to use or view the Event Material and you must destroy any downloaded materials in your possession whether in electronic or printed format.

Services

Account

In order to access certain features of our Services, you must create an account.

The creation of an account will require you to provide to us certain personal information (including your name, date of birth and a valid email address). You must ensure that this information is accurate and current. All personal information will be collected in accordance with our Privacy Policy.

When you register an account, you will be required to enter your email address as the username and create and maintain a password. You are responsible for keeping your username, password and any other information in relation to your account secure. You are also responsible for all activity carried out under your account. You must notify us immediately if you become aware of any unauthorised use or breach of your information or account. 

Unacceptable activity

  1. breaching these Terms;

You must ensure that your access to and use of the Services is not inappropriate or prohibited by any laws which apply to you. This includes, but is not limited to:

  1. breaching the legal rights of another person or entity;
  2. infringing the Intellectual Property rights of us or a third party;
  3. misusing, hacking into, reverse-engineering, circumventing, disabling, or undertaking or attempting to undertake any activity which will place an unreasonable burden on or otherwise disrupt the operation of any of our Services or any part of them;
  4. posting or transmitting to any of our Services any unauthorised or unlawful material (including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene or threatening, or which is otherwise detrimental to or in violation of our systems or network security), including any Content that does not comply with clause 6.4 of these Terms or is contrary to the Community Commitments.

We may stop, limit, regulate, restrict or withdraw, temporarily or permanently, your access to or use of the Services. 

Posting Content

You may be able to post or publish User Content that you have created to our Services. 

Users can only add or publish User Content to our Services if they have an account. 

We take no responsibility for, and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content.

Rules for posting User Content 

  1. be over 18 years of age;

When posting any User Content to any of our Services or otherwise posting any content or interacting with the Services and other Users, you must comply with the conduct standards set out in our Community Commitments and, without limiting the generality of the Community Commitments, you must:

  1. not use the Services for any unlawful purpose and not to violate any applicable local, state, national or international law;
  2. not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  3. be respectful of each other User, their friends and their family;
  4. not post any Content about any other person by which they may be personally identified without their prior written consent (which you must provide to us within 5 days of a request for same by us) or which in any way compromises another living person’s privacy or breaches confidentiality. When obtaining such consent, you must also obtain their consent for us to collect their information in accordance with our Privacy Policy;
  5. not post any personal information or images identifying a minor without the prior written consent of that individual’s parent or guardian;
  6. not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  7. not submit Content that contains material that is untrue, inappropriate, tasteless, likely to cause distress, harmful or inappropriate for minors to view, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent;
  8. not submit Content that is of nuisance value or vexatious;
  9. not infringe the Intellectual Property Rights of others;
  10. not upload files, or cause users to upload files, that contain viruses, worms, “Trojan horses”, corrupted files, or any similar software or programs that may adversely affect, overburden or disable the operation of the Platform or the operation of another’s computer or other device;
  11. not advertise any goods or services (except where paid advertising is permitted). Sending “junk mail”, “spam”, “chain letters”, “pyramid schemes” and similar activities are strictly prohibited; and
  12. not solicit anyone to buy or sell products or services, or to make donations of any kind on the Services, without our express written approval.

You acknowledge that, without limiting any other remedy we may have, we reserve the right to remove any User Content that breaches these Terms.

Reviewing and removing User Content 

We do not pre-screen postings and to the maximum extent permitted by law we are not responsible or liable in respect of any User Content. We reserve the right (but disclaim the obligation or responsibility) to monitor User Content. If we review and monitor User Content, we will do so in accordance with our Community Commitments. We may also use AI tools and other software to review User Content for compliance with these Terms and the Community Commitments.   

We encourage you to notify us of inappropriate or illegal Content (including User Content) and we reserve the right to remove User Content posted in breach of these Terms. 

If you believe yours or another person or entity’s Intellectual Property Rights have been infringed, please contact us at: feedback@amplifyaus.org

Users may “flag” User Content for inappropriateness. We will endeavour to review any User Content that has been flagged and, if we consider necessary and appropriate, remove such User Content as soon as possible. Any User Content that has been flagged by two or more Users will be hidden until it has been reviewed. 

We reserve the right to edit or abridge or remove User Content and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our reasonable discretion in order to ensure the orderly, lawful and efficient operation of the Services.

Subject to our right to modify, suspend or discontinue the Services, any account created on the Services, and its associated User Content, will remain available online so long as we continue to conduct our business and operate our Services. 

Intellectual Property Rights

  1. grant us a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any User Content you post or upload and to sub-licence the same for such purposes in connection with the provision of the Services as we consider necessary from time to time;

We make no claim to ownership of the Intellectual Property in User Content, but if you post any User Content, you: 

  1. grant us the right to use your name and other information that you provide in connection with that User Content (subject to our Privacy Policy); and
  2. you warrant that you have all necessary rights and consents in the User Content that you contribute and that the User Content does not in any way breach these Terms.
  3. Use of Service Content
    1. adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer or create derivative works from any Service Content;

The Service Content is or may be protected by Intellectual Property rights. Intellectual Property rights in that material are either owned by or licensed to us.

You may access and view the Service Content for the purpose of your personal use of the Services. Other than for the purpose of your personal use of the Services and except if and as expressly authorised by these Terms, you may not, without our prior written permission, in any form or by any means:

  1. commercialise or on-sell any information, content, products or services obtained from any part of the Services;
  2. mirror or frame any Service or any part or page of a Service; or
  3. use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Service Content or generate or compile any document, index or database based on the Service Content. 

If you are a recognised media outlet or a commercial online publication, you may use the Service Content subject to you acknowledging us as the source of the relevant material re-published by you.

You agree not to disclose to any person or entity, personally identifiable information about other Users that you learn using the Services (whether posted on the Platform or a Service or e-mailed to you by a User) without the express written consent of such User.

Links 

The Services may contain links to other websites or third party content. Those links and content are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our inclusion of linked websites or third party content should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.

Donations

You may be able to donate to Apollo Research through the Platform to support our charitable purposes. 

Apollo Research processes donations of up to $5000 on the Platform via modals for the donation platforms Raisley or Stripe ion the Platform, each which is governed by the terms of use of the relevant donation platform which cover your obligations and the obligations of the relevant donation platform.  Donations can be made by VISA or Mastercard. Receipts will be issued to your nominated email address. You should check your account statement to verify that the donation amounts debited are correct and contact us promptly should any queries or concerns arise.

Donations of more than $5000 cannot be processed through the Platform or through Raisley or Stripe. If you would like to donate more than $5000 to Apollo Research, please contact us and we will assist you.

By using this Platform and the Raisley donation gateway, you agree to us disclosing your personal information to Raisley and the connected payment gateways to facilitate your donation.  Further, you agree that your personal information may also be disclosed to, or at the request of, another financial institution in connection with any claim by you of an error in your donation. 

  1. Privacy

Our Privacy Policy explains how and why we collect, use, and share information about you when you access or use our Services, make a donation, or when you register or attend our Events. You understand that through your use of the Services or registration or attendance at Events, you consent to the collection and use of your personal information as set out in our Privacy Policy.

Indemnity 

To the maximum extent permitted at law, you agree to indemnify us, and keep us indemnified, against any and all liabilities, costs (including legal charges), claims, loss, demands or damages directly or indirectly related to or connected with:

  1. your breach of these Terms; or
  2. infringement by you of ours or a third party’s Intellectual Property.
  3. Limitation of liability 

To the maximum extent permitted at law, you acknowledge and agree that we will not be liable to any person for, and you forever release and discharge us from any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by any User, Participant or us. 

To the maximum extent permitted at law, we disclaim all warranties and representations, whether express or implied. We do not control or direct what people and others do and say, and we are not responsible for their actions or conduct (whether online or offline), or any content that is shared (including offensive, inappropriate, obscene, unlawful or other objectionable content). 

Termination and prohibition of access

If we form the view there is a breach or threatened breach of these Terms by you, we reserve the right to suspend or terminate your access to any of the Services or cancel your registration for any Events without notice. To the maximum extent permitted at law, these Terms survive such suspension or termination.

We reserve the right to ban any person from using the Services or attending any Events on the basis of past or threatened breaches of these Terms.

Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions. 

Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

Amendment 

We reserve the right to put in place and adopt any further additional terms and policies that it considers reasonable and necessary. 

You should visit our Platform periodically to review our Terms. However, we will notify you by email to the email address linked to your account or provided to us when you register for an Event when any such new terms and policies are displayed on the Platform. 

If you do not agree to the new terms, you may cancel your account or cancel your registration for any of our Events. 

Governing Law

These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the Services or our Events.

 

 

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