(Last Updated: 09.02.2015)
1. What We Do
yesHEis is an interactive online platform to help you search, discover and share the gospel online, delivered to guests and Registered Users through both website and mobile applications (“Platform”).
2. Acceptance of Terms
(a) The Platform, www.yesheis.com (“Website”) and yesHEis Mobile App (“Mobile App”) (collectively referred to as “YHI”) is operated by CV Digital Pty Ltd ACN 169 709 808 (“CV”), a company duly incorporated in Australia.
(b) By accessing, registering or using the Platform, Website or Mobile App you:
- (i) acknowledge that you are over thirteen (13) years of age; and
3. Joining the Community
(a) In order to access additional features of the Platform, you must become a registered member by registering through either:
- (i) Website; or
- ii) Mobile App
and comply with the registration requirements as prompted/indicated, which may be subject to change at CV’s discretion from time to time (“Registered User”).
(b) When registering you must provide accurate and complete information.
(c) When creating your “yesHEis profile” please do not choose a username that includes your last name, telephone number or address.
(d) At CV’s sole discretion the registration of a username may be refused if that username:
- (i) impersonates a third party;
- (ii) is or may be protected by trademarks or any other intellectual property rights; or
- (iii) is vulgar, offensive or otherwise inappropriate.
(f) If CV, in its absolute discretion, determines that you have breached these Terms and Conditions, CV may immediately and without further notice, suspend your access and use of YHI and may delete any data associated with your registered user account. If CV terminates your registered user account, you must not create another registered user’s account without CV’s written permission.
4. Provision of YHI
CV, in accordance with these Terms and Conditions, shall provide access to YHI to the Registered User, so long as the Registered User is not in breach of any of these Terms and Conditions.
4.2 Registered Account Information
(a) The Registered User is responsible for maintaining the confidentiality of the Registered User’s password and information.
(b) The Registered User can review and edit information as required in the registered account.
(c) The Registered User is solely responsible for all activities occurring under their registered account. If the Registered User believes the information and privacy of their account is not secure, the Registered User can either change the password or notify us by email.
Throughout the Term the Registered User must comply with all reasonable and lawful directions that CV may issue in its discretion from time to time with respect to the use of and access to YHI.
4.4 Restricted Access
From time to time, CV may restrict access to some parts of YHI, or all of YHI, to Registered Users.
(a) CV may terminate your User Registration at any time, at CV’s sole discretion, without notice to you.
(b) You may terminate your User Registration at any time, for any reason, by emailing the yesHEis team at useraccounts@yesHEis.com.
5. Your Warranties and Obligations
5.1 You agree to:
(a) comply with these Terms and Conditions, along with all applicable laws and regulations;
(c) use YHI in good faith and for lawful purposes.
5.2 You must not:
(a) disclose your username or password to access your Registered User account to any other person;
(b) post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any publicity, privacy or other rights of others;
(c) reproduce, distribute, re-transmit, upload, repost, or “frame” any of the information or material on the Website for any purpose
(d) upload or post any content in violation of any third party intellectual property rights;
(e) post commercial advertisements or promotional material without CV’s consent;
(f) cause annoyance, inconvenience or needless anxiety to others;
(g) use YHI for the purpose of harming or attempting to harm others in any way;
(h) collect information from YHI (including information about other Registered Users);
(i) disrupt, modify, reverse engineer, interfere, upload, re-transmit or copy the layout of the Website, Platform, Mobile App
or any associated computer software or code contained in YHI and/or servers in any way;
(j) impede or interfere with others’ use of YHI and further, alter or tamper with any information or materials on or associated with YHI;
(k) use any data mining robots or other extraction tools;
(l) metatag or mirror the Website without CV’s prior written permission;
(m) directly access or manipulate the application programming interface (API) in any way;
(n) attempt to gain access to YHI’s servers by any means, other than by http requests using a web browser.
6. Interactive Services
(a) YHI provides a number of interactive services, including:
- (i) opportunity to share images, videos and other websites;
- (ii) blogs;
- (iii) comment boards;
- (iv) messaging service; and
- (v) links to other social media networks.
(b) CV has content specialists which currently monitor some of the content that is added to YHI, however, CV is under no obligation to oversee, monitor or moderate any interactive service provided on YHI, and CV expressly excludes liability for any loss or damage arising from the use of any interactive service by a Registered User or guest in contravention of our content standards, whether the service is moderated or not.
(c) The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. It is advised that parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
(d) Where CV does moderate an interactive service, you will be provided you with a means of contacting the moderator, should a concern or difficulty arise.
7. Content Standards
These content standards apply to any and all material which you contribute to YHI (Contributions), and to any interactive services associated with it.
7.1 Contributions must:
(a) Be accurate (where they state facts);
(b) Be genuinely held (where they state opinions); and
(c) comply with applicable law in Australia and in any country from which they are posted.
7.2 Contributions must not:
(a) Contain any material which is defamatory of any person.
(b) Contain any material which is obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any copyright, database right, trade mark or any other intellectual property right of any other person.
(g) Be likely to deceive any person.
(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(m) Give the impression that they emanate from CV, if this is not the case; or
(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
8. Uploading Material
(a) Whenever you make use of a feature that allows you to upload material to YHI, or to make contact with other users of YHI, you must comply with these Terms and Conditions. You warrant that any such Contribution does comply with these Terms and Conditions, and you indemnify CV for any breach of that warranty.
(b) Any material you upload to YHI will be considered non-confidential and non-proprietary, and CV has the right to use, copy, distribute and disclose to third parties any such material for any purpose.
(c) CV also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
(d) CV has the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out above or these Terms and Conditions, generally.
9. Intellectual Property
(a) You warrant that any contribution you make to YHI does not infringe any copyright, database right, trade mark or any other intellectual property right of another person.
(b) You warrant that you have all necessary licenses, rights, consents and permissions which are required to allow you to make any contribution to YHI without infringing any third party intellectual property rights.
(c) Whenever you upload or post any information or material to YHI (including any text, photographs, images, video or audio), you:
- (i) grant CV permission to display, reproduce, distribute and use the information and material in any way (including adapting or editing) in any media worldwide; and
- (ii) grant all Registered Users of YHI permission to display, reproduce, distribute and use the material to the extent permitted by the purpose of YHI and only in accordance with these Terms and Conditions.
(d) If you believe that your work has been copied and posted on our site in a way that constitutes copyright infringement, please contact us.
10. Third Party Sites
(a) The Website may contain links to third party websites, owned and operated by third parties and outside CV’s control.
CV takes no responsibility for the information/material contained or privacy compliance by any linked websites, and does not endorse any aspect of these third party services. Such links are provided for convenience only. You use these third party services at your own risk.
(b) If you choose to purchase goods or services from a third party, including one accessed from the Website, you are entering a separate agreement with that third party, and expressly agree that CV is not a party to any such transaction.
11. Linking to Website
(a) You may link the Website without CV’s consent, provided it is done in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(b) Any such linking will be entirely your responsibility and at your expense.
(c) By linking, you must not alter any of the Website's contents including any intellectual property notices and you must not frame or reformat any of CV’s pages, files, images, text or other materials.
(d) CV reserves the right to withdraw linking permission without notice.
12. Third Party Applications
(a) You may only create, use or distribute a third party application that interacts with YHI with CV’s prior written permission, subject to such additional developer terms as CV agrees with you.
(b) You use and disclose information to third party application at your own risk.
13. Suspension and Termination
(a) Failure to comply with any of these terms and conditions constitutes a material breach, and may result in our taking all or any of the following actions:
- (i) Immediate, temporary or permanent withdrawal of your right to use YHI;
- (ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to YHI;
- (iii) Issuing a warning to you;
- (iv) Legal proceedings commenced 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;
- (v) Further legal action against you; and/or
- (vi) Disclosure of such information to law enforcement authorities as we consider is reasonably necessary.
(b) Any determination of breach will be made by CV, in its sole discretion.
(a) Whilst all due care has been taken in providing the information on YHI, CV does not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
(b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
(c) All due care is taken in ensuring that YHI is free of any virus, worm, Trojan horse and/or malware, however CV is not responsible for any damage to your computer system or device which arises in connection with your use of YHI or any linked website.
(d) CV undertakes to take all due care with any information which you may provide when accessing YHI. However CV does not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to YHI is entirely at your own risk although CV undertakes to take reasonable steps to preserve such information in a secure manner.
(e) CV provides no warranty as to the accuracy or currency of commentary or other materials uploaded to the YHI. Accordingly, such commentary and other materials posted on YHI are not intended to amount to advice on which reliance should be placed.
(f) From time to time CV may host third party content on the YHI such as advertisements and endorsements belonging to third parties. Responsibility for the content of such material rests with those third parties and CV is not responsible for any errors or omissions in such material.
15. No Warranty
(a) CV does not warrant, guarantee or make any representation that:
- (i) The material and information provided on YHI is accurate or complete;
- (ii) YHI, or the server that makes the YHI available are free of any virus, worm, Trojan horse and/or Malware;
- (iii) the functions contained in any software contained on YHI will operate uninterrupted or are error-free; and
- (iv) that errors and defects in YHI will be corrected in a timely manner, if at all.
(b) CV is not liable to you for:
- (i) errors or omissions in YHI; or
- (ii) delays to, interruptions of or cessation of the services provided on YHI;
regardless of whether caused through the negligence of CV, its employees or independent contractors, or through any other cause.
16. Limitation of Liability
To the full extent permitted by law:
(a) CV accepts no liability for any loss whatsoever including consequential loss suffered by you arising from the services we have supplied; and
(b) CV does not accept liability for anything contained in the post or commentary of a Registered User or blogger or in any form of communication which originates with a Registered User or blogger and not with CV.
You will at all times indemnify and keep indemnified CV and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your use of the YHI or any breach of these Terms and Conditions by you.
(a) This Agreement is governed by the law in force in the State of Queensland.
(b) Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.
Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.
19.3 Force Majeure
If a Force Majeure event causing delay continues for more than thirty (30) days, CV may terminate this agreement by giving at least seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which CV could not reasonably have exercised control.
20. Contact Us
If you have any concerns about material which appears on the Website, please contact us.