Terms of Service

The Fervr.net website is an initiative of Anglican Youth and Education Divison Diocese of Sydney (referred to hereafter as “Youthworks”, “we”, “us”, or “our”).

Eligibility

All users of the Fervr Site (the “Site”) must be 8 years of age or more or have parents/guardians permission and be a member of a church or other Christian youth related group (a “Group”) which has registered with the Site. By using the Site, you represent and warrant that you are 8 years of age or older or have parents/guardians and that all registration information you have provided is truthful and accurate.

Group

All users who belong to Groups must be identified by the Group Leader(s), and all contributions to these Groups by the users (the “Contributions”) must be monitored against the requirements in the Code of Participation (the “Code) by those identified as Group Leaders and any non-complying Contributions edited or removed where necessary. Where Group Leaders fail to perform this duty, they are liable for breaches of the Code, and may be subject to any of the responsive actions outlined in the Code including removal of the Group’s profile from the Site.

Password and Account Information

All users will be asked to choose a password upon registration. You agree to maintain the confidentiality of this password and only log in to the Site with your username and password. All Group Leaders are expected to maintain the registration data of the members of their groups and promptly update this information as required.

User disputes

All users and Group Leaders are responsible for their interactions with other users of the Site. In the event of a dispute arising between users, we reserve the right to monitor the dispute. However we have no obligation to mediate the dispute.

Non-Commercial Use

The Site is to be used for personal, non-commercial purposes only. Users must not use this Site for any commercial endeavours.

Disclaimer

Youthworks will not be responsible for the accuracy, reliability or legality of any content posted on this Site.

Release and Indemnity:

You agree to release and indemnify Youthworks, its employees and agents from and against any claim arising from or in relation to your use of or conduct on the Site, including but not limited to any liability or expense arising from any claims, liabilities, losses, damages, judgments, litigation costs of every kind and nature, except insofar as any such liability or expense is caused by the negligence or fraud of Youthworks, its employees or agents.

Code of Participation

We want all visitors to the Site to be safe, nurtured, and informed by their experience of the Site. With this goal in mind, all users of the Site and the Contributions made by them must comply with this Code.

The Code applies to all users and visitors of this Site and forms part of the Site Terms. Your use of this Site means that you accept and agree to abide by this Code. Please comply with the spirit of this Code, and not merely the letter.

We may need to revise the Code in response to changes to the site. Please regularly review this page to be sure you are aware of any changes we make as they will be legally binding on you for all subsequent use. The date this information was last revised will appear at the top of this page.

Your use of the Site and your Contributions must NOT:

  • include any material that does not belong to you. You may incorporate other material into your Contribution materials published on this Site but only where those materials do not prohibit redistribution. Apart from that, all material you submit must be your own original work, or be fully cleared for submission by the rights holder of the material.
  • infringe anyone else's rights, including copyright. Your Contributions must not violate, the rights of any third party including any copyright, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind.
  • contain unlawful or objectionable content. Material that is unlawful, harassing, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable.
  • involve disruptive, offensive or abusive behaviour. Contributions must be constructive and polite. They must not be contributed with the intention of invading anyone's privacy, of being offensive, bullying, upsetting or of causing trouble, inconvenience or needless anxiety.
  • promote illegal or anti-social behaviour. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act including but not limited to terrorist acts, copyright infringement or computer misuse.
  • misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or entity or to give the impression that they emanate from the Site, where that is not the case.

If you reasonably believe that any Contribution contravenes the Code and/or any of the Terms of Use, please notify us using the abuse reporting facilities provided.

We reserve the right to terminate the account of and bring legal action against any person who uses the Site with the intent of disrupting service or gaining unauthorised access to private information, including but not limited to behaviours such as launching denial-of service/DDoS attacks, unauthorised system entry, breaking encryption or penetrating firewalls in place for the protection of other users' personal details, financial information, health records, etc.

Breach of the Code

 

We reserve the right to determine at our sole discretion whether there has been a breach of the Code through your use of the Site. We have the right (but not any obligation) to edit, delete or refuse publication of any Contribution in whole or in part that we deem to be in breach of the Code. Where we believe you have breached the Code, we may take whatever action we feel is appropriate in the circumstances.

Failure to comply with this Code constitutes a material breach of the Site Terms, which could result in us taking any of the following actions:

  • Issuing a warning to you;
  • Immediate, temporary or permanent withdrawal of your right to use the Site, including deletion of any personal profile;
  • In the case of Groups, immediate, temporary or permanent withdrawal of your Group’s right to use the Site, including deletion of the Group’s profile;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you; and/or
  • Disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary.

Responsive actions described in the Code are not limited, and we may take any other actions we consider appropriate in the circumstances.

Your privacy

We consider your privacy and the privacy of others using the Site to be very important. We are required to comply with the National Privacy Principles (in the Privacy Act 1988) (NPP) in operating the Site.

We will update this privacy information periodically to address changing requirements. It will be posted here It is your responsibility as a user of the Site to visit this page to stay aware of any updates or amendments to it.

Collection

We are committed to collecting information only by lawful and fair means, and not in any manner that is unreasonably intrusive.

We will only collect and store information about you where it is necessary for the operation of the Site and your participation in it.

Wherever possible, we will collect information regarding a user only from that individual. Some of our import tools designed for use by Group Leaders to move their group across to the Site will necessarily feature information not directly collected from that user by the Site.

We require that all information provided to us by Group Leaders be accurate and only include information provided to them by that individual or a person responsible for that individual.

Where users are invited to the service by a Group Leader using our automatic facilities, they will be able to access information on the data stored and by whom that data is held.

In the case of Group Leaders, we will occasionally supplement information held about you with regards to training and other child protection matters with information from other reliable sources. This is for the purpose of ensuring that training of all Group Leaders is up to date.

Use and Disclosure

All information provided by you will only be disclosed to other Users of the Site in the manner you have indicated in your profile. If you wish to stop sharing your information with a particular group, user, or class of users, it is your responsibility as a user to remove your group membership or edit your privacy settings appropriately.

Our service to different denominations and camping organisations, as well as school/youth groups, may occasionally require disclosure of information to such parties. Where there is no existing relationship between a user and any of these other denominations, organisations or groups, we will provide information to these external organisations ONLY in aggregate form, that is, without details that would allow a person to be identified.

We may also share information in your personal profile with an organisation that is linked to a Fervr Group to which you have chosen to become a member (including but not limited to youth groups, camping organisations, churches or denominations).

Any direct marketing (that is, messages sent to contact addresses, numbers, or identifiers external to the Site itself) conducted using information provided will include an opt-out notification. You may opt-out of such messages by removing such contact details from the Site, or by ceasing membership of the group responsible for sending you these messages. A group may elect to belong to a hierarchical network of organisations (for example, a particular Christian denomination or geographical division within that denomination), and receive messages from this network accordingly. Group Leaders have discretion over their hierarchical affiliations.

We also reserve the right to disclose this information to any other third parties where we reasonably consider this to be necessary due to:

  1. A serious perceived risk to public health or public safety;
  2. A serious or imminent threat to the health, safety or life of that individual,
  3. Having a reasonable suspicion that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, or are required by law to do so, or
  4.  Any other purpose sanctioned by the Privacy Act 1988 (Cth).

Transmission

Whilst our software is used to transmit messages, we cannot be held responsible for the nature or content of any message. Where possible, all messages are logged and recorded securely for future reference should the need arise.

We may, at our discretion, omit information from or terminate the account of any individual's account where that individual intentionally provides misleading or incorrect information.

Access

You can learn more about Fervr at any time by visiting our About page.
To find out what information we hold about you, write to us at:

Fervr Project c/o - Anglican Youthworks
Level 1, 474 Kent Street
Sydney 2000

In some cases we will not be able to provide you with the information that we hold about you, if this is the case we will let you know.