Thank you for visiting the Free Speech Union of Australia's website (Website). By accessing and/or using this Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms).

In these Terms, 'us', 'we' and 'our' means the Free Speech Union of Australia Pty Ltd (ABN 28 669 515 155) and our related bodies corporate.

Our trading address is Free Speech Union of Australia, 190 / 18 - 20 Edinburgh St, Oakleigh South, Vic 3167, Australia. You may contact us via email ([email protected]) or telephone (03) 7034 5102. (Email is strongly preferred for a swift reply.)

Acceptance of Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you. We have the right to modify the Terms at any time.

Collection Notice

We collect personal information about you in order to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver any benefits associated with the use of our Website (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.

If you would like any further information about our privacy policies or practices, please contact us.

Availability and Use

The Website will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Website or the provision of the Website's services, for maintenance, technical or other reasons.

When accessing and using the Website and its services, you must comply with directions, instructions or protocols posted on the Website.

Accuracy, completeness and timeliness of information

Images of the services from other websites and images are just for illustration purposes. Third parties may be permitted to post content on our Website.

We do not endorse or approve any third-party services. By providing contact details of third parties, we provide no warranty and make no recommendation as to the price, nature, quality, fitness for purpose, cost effectiveness or other utility of any service.

It is your sole responsibility to determine that specific services meets your needs and/or are suitable for the purposes for which they are used.

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website.​

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

Obligations of Users

• You must use the Website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

• You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our site or the servers or networks that host our Website;

• You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission;

• You will not interfere (or attempt to interfere) with any security-related or other features of our Website;

• You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;

• Any use of your registration information by any other person, or third parties is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;

• You will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by us;

• You will not use the services or Website for any illegal and/or unauthorised use;

• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the services. You agree that appropriate legal action will be taken by us for any illegal or unauthorised use of the Website; and

• You acknowledge and agree that any automated use of the Website or its services is prohibited.

Payments

• Where the option is given to you, you may make payments by way of a third-party electronic payment system embedded in the Website. The payment system being used is a third party provider and the user of this system is subject to the terms and conditions of the third party provider.

• In using the Website or when making any payment, you warrant that you have read, understood and agree to be bound by the third party’s terms and conditions which are available on their website as applicable.

• You agree that where payment is for Membership it is subject to the Membership Terms and Conditions.

• We may change our plans or price of Membership from time to time after providing reasonable notice on the Website.

• You can cancel your Membership at any time, and you will continue to have access to the Website but not any content specific to Membership except through the end of your billing period.

Orders

You may make orders through the Website, this includes donations, tickets for events, membership payments, or any other good, service or benefit we may provide through the Website from time to time (Order).

Unless we agree to special arrangements, such as an authorisation code, we assume any Order received from you has been placed with your authority and is binding on you.

No quote is binding on us unless we have prepared and accepted a written confirmation of Order.

If you cancel an Order or refuse to accept all or any part of an Order other than in circumstances permitted by these Terms, you will be liable for any resulting damage or loss suffered by us.

Membership If you register to be a member through the Website (Membership) you agree:

• with the mission of Free Speech Union, which is to protect and promote freedom of speech as a core Australia value (Mission);
• to pay the membership fees in full for access to the content on the Website and any other benefits the FSU may offer to its members from time to according to the membership plan you choose at the time of purchase;
• that if you are under 18 years, you need your parents' permission before becoming a member and accessing the Website;
• that your Membership is non-transferable and that you must not share your username and password with anyone else or allow anyone else to access the Website using your username and password;
• that you are responsible for every use of the Website that occurs in conjunction with the use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorised use of your membership, username or password;
• that Membership is based on periodic subscription fees which are detailed on the Website's sign-up page. Your Membership or access to the Website including any member-only content and benefits will be suspended or cancelled if we do not receive the fees for your subscription type;
• that we may change our plans or price of Membership from time to time after providing reasonable notice on the Website;
• you can cancel your Membership at any time, and you will continue to have access to the Website but not any content specific to Membership except through the end of your billing period; and
• that you may also have rights granted to you by law that may entitle you to a refund of fees in specific circumstances, including under the Australian Consumer Law. Apart from refunds required by law, refunds of subscription fees will be made at the discretion of FSU.

You must not:

• use a false email address, impersonate others, or misrepresent your affiliation with others;
• insert advertising, branding or other promotional content into the Website;
• attempt to gain unauthorised access to computer systems or materials through the Website;
• engage in automatic gathering of information from or through the Site (such as "spidering", "screen scraping", "database scraping" or harvesting of e-mail addresses);
• attempt to interrupt or alter the Website's operation in any way (for example through sending mass unsolicited messages, "flooding" servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
• use the Website in a way that violates applicable law, third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
• except as allowed in these Terms, copy, distribute, transmit, modify or otherwise exploit the Site content or any other data or code made available through the Site.

You must not upload or post any materials that:

• restrict or inhibit others' use or enjoyment of the Site;
• are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
• infringe others' rights, including free speech, privacy or intellectual property rights;
• disclose personal information about others, particularly sensitive information;
• contain a virus, spyware, or other harmful component; or
• contain commercial solicitation or 'spam' of any kind.

Please read any forum or community rules that may be present on any interactive part of the Website, which form part of these Terms and apply to content contributed to the Website by members (such as comments and posts).

We reserve the right, but are not obliged, to monitor all content posted to the Website. We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post or to remove all content that in our opinion (in our absolute discretion) is in violation of these Terms, our policies (including any community rules) or applicable law.

We may, in our discretion, immediately restrict, suspend or terminate your Membership and access to the Website if we consider you in breach of these Terms, any other Website rules, or applicable law. We reserve the right to refuse Membership at our discretion.

We may change any Membership benefits or obligations from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your Membership if you do not want to accept the changes. If you do not opt-out in this way, your continued subscription to and use of the Website will be an acceptance of the updated Membership benefits or obligations.

Warranties, Refunds and Resupply

To the maximum extent permitted by law, including the Australian Consumer Law (ACL), we make no warranties or representations about the products, goods, benefits, and/or services.

In Australia, our goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the ACL or other law or regulation are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

Subject to those rights that cannot be excluded under the ACL, our liability (and any third-party supplier's liability) for a breach of a non-excludable condition or warranty is limited, at our option, to a refund or the supply of equivalent goods or services.

In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

We may also provide a refund or the supply of equivalent goods or services other than in accordance with the ACL or other law or regulation, but such remedies will be granted at our discretion.

If you require a refund or the supply of equivalent goods or services (including for any Orders made in error) please contact us via the Website form or email us using the email address: [email protected]

Dispatch Delivery Policy

The following conditions apply to the sale of Tickets and also to Events: Where tickets to events are purchased via the Website (Tickets) you agree that your attendance at the event:

• is reserved to the named ticketholder unless we consent to the transfer of the Ticket to another person;
• may be subject to the venue's terms of admission;
• may be refused if you fail to arrive at the venue at the time indicated on the Ticket;
• may be refused if a special class of Ticket is purchased (including but not limited to concession or member-only) and you are unable to produce evidence of entitlement to that class of Ticket;
• may be subject to certain rules (including but not limited to bans on cameras, audio and video recording equipment or non-consumption of intoxicants, or bag or person searches) failure to adhere to which may result in expulsion; and
• will be at your own risk.
• All Tickets will be delivered electronically via email within 24 hours of purchase. If you do not receive your ticked before then, please contact us. Please also allow sufficient time before the event to purchase the Tickets.
• If an event is cancelled for reasons beyond our control, then we will refund the value of the Ticket to the purchaser, via the credit or debit card (or other digital payment method) used for purchase. Your sole remedy in the event of cancellation will be a refund of the Ticket price.

In attending an event you indemnify and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your attendance or any breach of any obligation placed on you during your attendance (including any rules or conditions of entry imposed by the venue).

You agree that attendance at our event is at your own risk, and to the maximum extent permitted by law, we will not be liable for any special, indirect, consequential or pure economic loss, including but not limited to, loss of profit, income, or interest, or, loss of reputation or goodwill. Our aggregate liability to you whether in contract, tort (including negligence) or otherwise, will be limited to the Ticket price.

Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content on these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.

The trademarks and logos displayed on the Site are, unless otherwise stated, belong to us, and others, and you must not use these without the approval of the relevant owner or otherwise in accordance with intellectual property rights (e.g. use that is permitted under fair use provisions). The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

Any comment, feedback, idea or suggestion (Comments) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

• any act that would constitute a breach of the law in the relevant jurisdiction;

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

• using this Website to defame us, our employees or other individuals;

• uploading files that contain viruses that may cause damage to our property or the property of other individuals;

• posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, obscene, threatening, or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

• If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

Disclaimers

To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

To the maximum extent permitted by law, we make no representations or warranties about our Website or the content, including (without limitation) that it is complete, accurate, reliable, up-to-date and suitable for any particular purpose or that access will be uninterrupted, error-free or free from viruses.

We reserve the right to restrict, suspend or terminate without notice your access to this Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You acknowledge that the Website is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the members or the misuse of your content by any party.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers' fees) arising out of or in connection with: (i) your use of the services or goods obtained through the Website; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party.

In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

Events Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic, restrictions, and prohibitions or any other actions by any government or semi-government authorities.

Termination

We may terminate or suspend this agreement at any time by delivering notice or by sending you a message advising that your privileges have been removed. Termination of this agreement is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing Orders with us at any time.

Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.