Terms of Use Agreement

Last Revised: 2 July 2013

This Website provides green (environmental) promotion, networking, messaging, search, information and advertising services. You must be 18 years of age or older to become a member of this Website and use our Services.

We are: mygreenprofile, registered in
New South Wales, Australia (ABN 71886605225)

Our postal address is: PO Box 4171, Winmalee NSW 2777, Australia

Our website address is: www.mygreenprofile.com

Contact Us: click here

You are: a user of our services

The Terms and Conditions


"Website"means our websites, and includes all webpages controlled by us.

"Services"means all or any service provided by us through the Website.

"Content"means the data, text, information, graphics, photographs, pictures, page layout, design presented through and as part of the Website, applications, software and other files, and their selection and arrangement, on the Website.

"Material"means any data, text, information, graphics, photographs, pictures, profiles, links and other material that users submit, post, and display on the Website.

"Installation"means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.

"Post"means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

"User"means any person who uses the Services or visits the Website for any purpose.

"Member"means any person who registers (signs up or joins) with this Website. A "Member" is also known as a "Registered User".

"we", "us", etcmeans mygreenprofile. It includes the proprietor, and where the context permits it also includes any business, company or individual who shares an interest in the sale of any goods and/or service promoted on the Website. Without limitation, it includes any subsidiary or associated business or company of ours, together with any licensor, affiliate, or network partner.

"you", "yours"means you, the party to this agreement.

2Our Agreement

These terms and conditions regulate the relationship between you and us. By registering with this Website (becoming a Member), using our Services, or buying our Services, or using our Website free of charge, you agree to be bound by them. If you do not agree to be bound by them, you should leave the Website and discontinue use of the Services immediately.

3 Eligibility and Registration

You must be eighteen (18) years of age or older to register (become a Member) with this Website and to use our Services. By registering with this Website, you represent and warrant that you are 18 years or older and that you have the capacity to understand, agree to and comply with these terms and conditions. Your user profile and account may be cancelled and your membership may be terminated without warning if we believe that you are less than 18 years of age.

You will need to select a username and password as part of the registration process. You will be responsible for the username and password you select and you will be responsible for all activities occurring under your username and for keeping your password secure. We retains the right, at our sole discretion, to refuse any username we consider to be offensive or otherwise inappropriate.

4Changes to Terms and Conditions

We may change these terms and conditions from time to time, and we reserve the right to change them at any time, without notice. If we do this, the changes will be posted on this page and the date of last revision will be shown at the top of this page. Your continued use of the Website and the Services after any changes shall be deemed as an acceptance by you to be bound by the terms and conditions of the modified agreement. It is your responsibility to regularly check the Website to determine if there have been changes to these terms and conditions and to review such changes. We may notify you of changes by positing a notice on this Website or by email. If you do not agree to be bound by the terms and conditions at any time, you should leave the Website and discontinue use of the Services immediately.

5Price and Payment

Most of the Services on this Website are free, although some Services on this Website may require payment. Payment details and prices will be posted on this Website. In the future the prices for advertising services will be displayed on an "Advertise" page and other relevant pages on this Website. If you use these Services you agree to comply with these provisions:

5.1 The price charged for any service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.

5.2 All prices are displayed as Australian Dollars ($AUD).

5.3 Prices are inclusive of any applicable value added tax or other sales tax.

5.4 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.

5.5 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

5.6 You will pay all sums due to us under this Agreement by the means specified without any set-off, deduction or counterclaim.

5.7 All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.

6 Acceptable Use Policy

You agree to comply with these provisions:

6.1 You will not use or allow anyone else to use the Website to post or otherwise publish:

6.1.1 copyright works or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
6.1.2 any material or information, including images or photographs, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any person;
6.1.3 commercial audio, video or music files;
6.1.4 any material which violates the law of any established jurisdiction;
6.1.5 unlicensed software;
6.1.6 software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;
6.1.7 links to any of the material specified in this paragraph;
6.1.8 pornographic material;
6.1.9 any material promoting discrimination or animosity to any person on grounds of gender, race or colour;
6.1.10 any inappropriate, profane, defamatory, infringing, harmful, obscene, indecent, unlawful, hateful, or ethically or otherwise objectionable material or information;
6.1.11 any material that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

6.2 You will not use the Services for spamming. Spamming includes, but is not limited to:

6.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
6.2.2 The sending of junk mail;
6.2.3 The use of distribution lists that include people who have not given specific permission to be included in such distribution process;
6.2.4 Excessive and repeated posting off-topic messages to newsgroups;
6.2.5 Excessive and repeated cross-posting;
6.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive;
6.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.

6.3 You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorised access to any other computer system.

6.4 You are solely responsible for your conduct and any data, text, information, graphics, photographs, profiles, links and other material that you post on the Website.

6.5 You will immediately notify us, of any security breach or unauthorised use of your profile and account. You will not interfere in any way with another User(s) use of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent.

6.6 You agree not to transfer your email address for gain or otherwise. Transfer of such email address will result in immediate termination of your membership and your agreement.

6.7 You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.

6.8 You will not damage, disable, overburden or impair the Services.

6.9 You will not collect any information from the Services by the use of automated scripts or otherwise interact with the Services.

6.10 You will not harvest or collect email addresses or other contact information of Users, including usernames, from the Services by electronic or other means.

6.11 You will not transmit, email or post any material that contains in any form software viruses or such programs, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or the Website and Services.

6.12 You will not attempt to gain unauthorised access to the Services, other User(s) information, profiles, accounts, computer systems or networks connected to the Services, through password mining or any other means.

6.13 You will not Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

6.14 You will not intimidate or harass any User(s).

6.15 You will not register with the Website more than once or register with the Website on behalf of an individual other than yourself.

6.16 You will not use the Services to contact any User(s) unless establishing contact is reasonably expected to be welcomed by such User(s).

6.17 You will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

6.18 You will not post, modify, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

6.19 You will not promote or encourage illegal activity or activity that would violate the property rights of others.

6.20 You will not remove any copyright, trademark or other proprietary rights notices contained in or on the Website.

We may reject, refuse to post or delete any material for any or no reason, including material that in our sole judgment is not consistent with the environmental topics, categories and other content on this Website, or violates these terms and conditions, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.

Under no circumstances do we have any obligation to monitor the Website and Services for inappropriate content or conduct or to check the accuracy or truthfulness of any material posted by Users. We are under no obligation to modify or remove any inappropriate content and we are not responsible for the User(s) submitting any such material.

7 Information you give us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.

8 System Security

8.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

8.2 You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so.

8.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

8.4 Examples of violations are:

8.4.1 accessing data unlawfully or without consent;
8.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
8.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
8.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
8.4.5 taking any action in order to obtain services to which you are not entitled.

9 Content and Intellectual Property Rights

9.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.

9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.

9.3 You may post into the Services any Content owned by you. You accept all risk and responsibility for determining whether any Content is in the public domain. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorised to grant all such rights.

9.4 Provided that you are eligible for use of the Services, you are granted a limited license to access and use the Website and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use, provided that you maintain all copyright or other proprietary notices intact. You may not store electronically any significant portion of any Content.

9.5 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address. If as a result of such action, you lose an email address, your sole remedy shall be the receipt of a replacement.

9.6 You may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other similar use of the Content is strictly prohibited.

10 Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Services, the breach or violation of this Agreement by you, or the infringement by you, or by any other user of the Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

11 Interruption to the Service

11.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.

11.2 You acknowledge that the Services may also be interrupted for reasons beyond our control.

11.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.

12 Our Liability

12.1 Your use of the Services is without any warranty or guarantee.

12.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.

12.3 We or our content suppliers may make improvements or changes to the Website, the content, or to any of the products and services described on the Website, at any time and without notice to you.

12.4 You are advised that content may include technical inaccuracies or typographical errors.

12.5 We give no warranty and make no representation, express or implied, as to:

12.5.1 the truth of any information given on the Website by any Associate or third party;
12.5.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
12.5.3 compliance with any law;
12.5.4 non-infringement of any right.

12.6 Much of the material provided on the Website is posted (and thereby published) by Users. We are under no obligation to monitor, vet, check or approve any such material. We disclaim all responsibility for information published on the Website by any person.

12.7 The Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

12.8 In no event shall we or our content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the content available from this Website.

12.9 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.

13 Storage of Data

13.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages.

13.2 We may, from time to time and without notice, set limit(s) on the number of messages a User may send, store, or receive through the service, and we retains the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

13.3All times displayed on this Website or on messages (including emails) generated by this Website are in Australian Eastern Standard Time (AEST).

13.4You acknowledge and agree that your information will be transferred to Australian servers and stored on Australian servers.

14 Modification

We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Services after such modifications shall be deemed as an acceptance by you to be bound by the terms of the modified Agreement.

15 Termination

15.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notices to us by post or by completing a "Contact Us" form on the Website and submitting it. We reserve the right to check the validity of any request to terminate membership.

15.2 We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

15.3 If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.

15.4 Termination by either party shall have the following effects:

15.4.1 your right to use the Services immediately ceases;
15.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party;

15.5 In the event of such termination by us, we will within twenty one [21] days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;

15.6 There shall be no reimbursement or credit if the Service is terminated due to your violation of the terms of this agreement.

15.7 We reserve the right to terminate your email address in the event that our right to use certain domain names or email addresses terminate or expire.

15.8 We retains the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

16 Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17 Action Limit

You and we agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.

18 No Duty to Monitor

We are under no obligation to monitor or record the activity of any User or customer for any purpose, nor do we assume any responsibility through our Acceptable Use Policy or otherwise to monitor or police Internet-related activities.

19 Force Majeure

19.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including fire, natural disaster, war or military hostilities and strikes of its own employees.

19.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.

19.3 If a default due to force majeure shall continue for more than eight [8] weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.

20 No Waiver

No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

21 Relationship of Parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.

22 Dispute Resolution

In the event of a dispute arising out of or in connection with the terms of this Agreement between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

23 Jurisdiction

This Agreement shall be interpreted according to the Laws of Australia and the parties agree to submit to the exclusive jurisdiction of the Australian courts. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.