Expand My World - Terms and Conditions of Use

These terms and conditions of use (‘Terms’), together with our Privacy Policy, apply to all services offered by Expand My World Pty Ltd (ACN 625 785 453) (‘Expand My World’). The Expand My World services (‘Services’) include the use of any online and/or mobile services, including any Expand My World social media pages used by Expand My World from time to time, the website www.expandmy.world (the Website), and software provided on or in connection with the Expand My World Services (collectively ‘Platform’).

In these Terms, “we” “us” and “our” refers to Expand My World and we refer to you as "you", "your", or "User". By accessing or using Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.  Expand My World may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Platform. Your subsequent or continued use of Services will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Services.

1. USER ACCOUNT

1. In order to access some of the features of the Platform, and certain Services, you must create a user account (‘User Account’). Registering and creating a User Account is free.

2. In order to complete registration of a User Account, you must provide certain information as set out on the registration page. You agree to provide accurate, current and complete information during the registration process and to update such information to ensure it remains accurate, current and complete.

3. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration of your User Account.

4. On registration of your User Account, you will need to create a password. You are solely responsible for the activity that occurs on your User Account (including unauthorised use of your credit card) and you must keep your User Account password secure. You must notify Expand My World immediately of any breach of security or unauthorised use of your User Account. Expand My World will not be liable for any losses caused by any unauthorised use of your User Account.

5. Expand My World may temporarily or permanently suspend or terminate access to the Services, including your User Account, without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms. All restrictions imposed on you and all disclaimers, indemnities and limitations of liability set out in these Terms will survive termination of your access to the Platform and Services.

6. We may send you notices with respect to the Platform and your User Account by:

1. e-mail message to the email address;
2. direct message to the social media account; or
3. SMS to the mobile number,

 listed in your User Account or otherwise provided to Expand My World.

2. SERVICES

1. Expand My World grants you the non-exclusive, non-transferable, limited right to access and use the Platform and the Services subject to these Terms.  

2. You acknowledge that Expand My World reserves the right to change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services.

3. You must not use the Platform to (or attempt to) upload, post, transmit or otherwise make available any text, illustrations, photos, audio, video, or any other material (‘Material’) or do any activity that:

1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) third-party rights of any kind, including without limitation any patent, copyright, moral rights, trade mark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications, registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;

2. contains any information or content that you know is not correct and current;

3. contains, promotes, or provides information about unlawful activities or conduct;

4. could harm, abuse, harass, stalk, threaten or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

5. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person;

6. may create a risk of any other loss or damage to any property;

7. may constitute or contribute to a crime or tort;

8. includes an image or personal information of another person or persons unless you have their consent;

9. impersonates any person or entity;

10. poses or creates a privacy or security risk to any person;

11. transmits (or authorises the transmission of) unsolicited or bulk electronic messages to anyone, or otherwise constitutes an infringement of the Spam Act 2003 (Cth);

12. solicits money, passwords or personal information from any person;

13. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

14. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

15. mines data or conducts automated searches on the Services or the content on the Services, whether through the use of additional software or otherwise;

16. incorporates any of the content on the Services with any other material, including advertising or promotional material;

17. creates links from the Services to any other website on the internet, or frames or mirrors the site without our prior written consent;

18. tampers with, hinders the operation of, or makes unauthorised modifications to the Services or any content on the Services; or

19. is in breach of any applicable laws or regulations.

4. Expand My World reserves the right (but has no obligation) to:

1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) on the Platform that, in our opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

2. monitor use of the Services and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

5. Expand My World reserves the right, in its sole discretion, to assert legal action with respect to Material or use of the Services, that Expand My World reasonably believes is or might be in violation of these Terms or any Expand My World policies. Expand My World’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

6. Expand My World will not be responsible for, and accepts no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Expand My World Platforms or posted on a third party platform about Expand My World and/ or the Expand My World Services by any User or any other person or third party other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Expand My World Platforms simply by facilitating others to post, transmit or otherwise make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any User or any other person or entity other than us.

7. You acknowledge that Expand My World may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on the servers on your behalf. You agree that Expand My World has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Expand My World reserves the right to terminate any User Account that is inactive for an extended period of time.

8. You agree that you are solely responsible for your interactions with any other user in connection with the Service and Expand My World will have no liability or responsibility with respect thereto. Expand My World reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Service.

9. Unless otherwise expressly authorised by Expand My World in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Platform, Services, use of the Services, or access to the Services.

3. THIRD PARTY SERVICES

10. The Platform may link to third party websites or social media pages which are not owned or operated by Expand My World. These links are provided for your convenience only. We do not endorse or approve the views or content of these third party websites or social media pages and will not be held liable for any loss or damage suffered as a result of your use or the views or content contained therein.

11. The Platform may also contain content provided by third parties. We do not have a practice of monitoring or making enquiries about third party content. We are not responsible for, do not endorse and do not make representations, either expressly or impliedly, concerning third party content. Third party content does not represent the views of Expand My World. You rely on third party content at your own risk.

12. You may enable or log in to the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Expand My World’s use, storage and disclosure of information related to you and your use of such services within Expand My World (including your friend lists and the like), please see our Privacy Policy

13. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Expand My World shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

14. In addition, Expand My World is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Expand My World is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Expand My World enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

4. FEES, PAYMENTS AND REFUNDS

15. Fees payable by you for the Services are as listed on the Platform. We reserve the right to change Expand My World prices. Your use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

16. Payment for Services can be made by [Visa, MasterCard, American Express] or and any other methods which may be provided for on the Platform from time to time. You can also choose to pay with your PayPal account. When selecting the PayPal option at checkout, you will be redirected to the PayPal site to ‘Log In’ and review the amount shown before clicking ‘Pay Now’ on the final screen where you indicate your acceptance of this contract. By using your PayPal account, you are bound by the PayPal terms and conditions in addition to Terms. In the event that there is a conflict between these terms and conditions and PayPal’s terms and conditions, these Terms will prevail to the extent of the inconsistency. Once your payment is complete, you will then return to the Platform. Payment will be debited and cleared from your account in full at the time you place your order, including with respect to any pre-order. You confirm that the credit/debit card or PayPal account that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card or PayPal account to use it and that there are sufficient funds or credit facilities to cover the cost of the Service(s) ordered.

17. Should you become dissatisfied with our Services within the first 14 days after purchase, Expand My World will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available 14 days after a purchase. Refunds are not available for User Accounts that have violated these Terms (determined at Expand My World’s sole discretion). If Expand My World determines that you are abusing our refund policy, we reserve the right to suspend or terminate your User Account and refuse or restrict any and all current or future use of the Services without delivering a refund. To request a refund please email [[email protected]]

5. LIMITATION OF LIABILITY

18. To the maximum extent permitted by applicable law, Expand My World and its directors, officers, employees, contractors, subsidiaries, agents, licensors, managers and affiliated companies will not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, revenue, goodwill, opportunity, business, data or other intangible losses, whether arising under contract, statute, negligence or other tort or otherwise, that result from the use of, or inability to use, the Services. Under no circumstances will Expand My World be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services.

19. Certain legislation, including the Australian Consumer Law may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Expand My World are able to do so, the liability of Expand My World and its affiliates, agents, directors, employees, suppliers, or licensors under those provisions will be limited, at its option to supplying the relevant Services again; or the total amount of fees paid by you to us for the Services.

20. To the maximum extent permitted by applicable law, Expand My World assumes no liability or responsibility for:

1. any errors, mistakes, or inaccuracies of content;

2. any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services;

3. any unauthorised access to or use of our secure servers and/or any and all personal information stored therein;

4. any interruption or cessation of transmission to or from the Services;

5. any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;

6. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or

7. any Material or the defamatory, offensive, or illegal conduct of any third party.

6. WARRANTIES

21. Subject to any statutory guarantees that cannot be lawfully excluded, Expand My World expressly exclude all warranties, guarantees, conditions and representations, whether express or implied, in relation to any Services supplied or provided by us (including as to performance, quality or fitness for use or purpose, or any warranty or representation that the products will be free from defects).

22. To the maximum extent permitted by applicable law:

1. all statutory and implied guarantees, warranties and conditions of any kind in connection with the Platform and its contents are expressly disclaimed. However, Expand My World does not exclude any statutory or implied guarantee, condition or warranty which it is prohibited by law to exclude;

2. Expand My World do not warrant that your access to the Platform will be uninterrupted or that the Platform will operate error free, that any defects will be corrected or that the Platform and its servers are free of computer viruses, trojans, spyware and other harmful material;

3. Expand My World do not warrant that we will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Platform, or that we will give you notice of such use, modification or alteration;

4. Expand My World do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Platform or the information contained therein. Your use of the Platform and the information contained therein at your own risk; and

5. the Platform and the information contained therein is provided on an “as is” and “as available” basis without any warranties of any kind. We may change the Platform or limit or terminate your access to the Platform at any time without notice.

7. INDEMNITIES

As a condition of use of the Services, you, at your sole cost and expense, will defend, indemnify and hold Expand My World, its affiliated and related entities, and any of their respective officers, directors, agents and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to legal fees and costs) and third party claims incurred that we or any of those parties incurs or suffers as a result of your breach of these Terms, your use of, or access to, the Platform, violation of any applicable law by you or any other action, inaction or omission on your part relating to the Platform and Services.

8. PRIVACY

23. As part of the process of using the Services certain personal information will need to be disclosed to third parties that are necessary in order for us to provide the Services to you. Our Privacy Policy, which is available [http://www.expandmy.world/pages/privacy], applies to all Users and forms part of these Terms. Use of the Platform and Services confirms that you consent to, and authorise, the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

24. Third party service providers will provide their services pursuant to their own privacy policy. Prior to acceptance of any service from a third party you must review and agree to their terms of service including their privacy policy.

9. INTELLECTUAL PROPERTY

25. You acknowledge that Expand My World owns all right, title, and interest, including all intellectual property rights, in the Services including the trade marks, trade dress, service marks, trade name and logos, and any content, data, software, technology, tools, or business methods used by Expand My World to develop, promote, market, sell, generate, or distribute the Services and otherwise perform under these Terms (collectively the ‘Expand My World IP’). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license, right, title or interest in or under any Expand My World IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any Expand My World IP without the express written consent of Expand My World. Use of the Expand My World IP for any purpose not expressly permitted by these Terms is strictly prohibited.

26. When you make your content (‘User Content’) available on or through the Expand My World Platform and Services, or through Expand My World promotional campaigns and competitions, you hereby grant to Expand My World a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Platform and Services. Expand My World does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

27. Trade marks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Platform and Services are used for identification purposes only and may be the property of their respective owners.  

28. You shall not use or display the Expand My World IP in any way that states or implies that Expand My World has endorsed or approved your products or services. Any use of Expand My World IP shall comply with these Terms or any usage guidelines posted on the Platform.  

29. All goodwill and improved reputation in respect of and associated with the Expand My World IP will vest to the sole benefit of Expand My World.

30. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services (‘Ideas’). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Expand My World under any fiduciary or other obligation, and that we are free to use the Idea without any compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Expand My World does not waive any rights to use similar or related ideas previously known to Expand My World, or developed by its employees, or obtained from sources other than you.

10. GENERAL

31. If any of the provisions set out in these Terms are determined to be void or unenforceable then that provision must be read down to avoid that result or if the provision cannot be read down then it must be severed and the rest of the Terms will remain in full force and affect.

32. The failure of Expand My World to enforce any provision of these Terms at any time or for any period of time will not be construed to be a waiver of such provision or of the rights of Expand My World to enforce each and every provision of these Terms. A waiver of a power or right shall be ineffective unless in writing and executed by Expand My World.

33. These Terms are governed by the laws of New South Wales, Australia. You and Expand My World submit to the exclusive jurisdiction of the courts of New South Wales Australia.

Last revised July 2018