Terms of Service

Please read these terms of service carefully before using Our Service.

1 — Interpretation and Definitions

1.1 — Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 — Definitions

For the purposes of these Terms of Service:

Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
Application means the ShareCraft web application, provided by the Company or Operator and used in a web browser on any Device, named ShareCraft, or ShareCraft.org. There is nothing to download.
Buyer refers to users of the Service who are placing Orders for Goods or making enquiries in relation to licensing the Goods.
Country refers to Australia.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ShareCraft.org, ShareCraft Network (a business or trading name of Latitude Network Pty Ltd), of 454 Collins St, Melbourne, Australia.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Good refers to the items or services offered for sale, rental, auction, licensing, contact, or any other means of trading on the Service.
Listing means the information provided by You to enable Buyers to find, review and purchase a license to use the Practice.
Operator (referred to as either “the Operator”, “We”, “Us” or “Our” in this Agreement) refers to ShareCraft.org or ShareCraft Network.
Order means a request by You to purchase or trade by any means Goods on the Application or Website.
Organisation means the company, association or legal entity that owns the rights to the Goods posted on the Application.
Practice is a type of Good and means the best practices, methods, tools, templates, manuals and other materials developed by the Seller, as described in their Listing on the Application, and as provided to the Buyer in whatever combination of formats the Seller decides (which can include, but is not limited to, provision of digital download files, access to web pages, email of digital files, provision of physical materials, running online or in-person meetings and training sessions, or any other means of sharing knowledge).
Seller refers to users of the Service who are listing Goods and making them available for trade by any means.
Service refers to the Application or the Website or both.
Terms of Service (also referred to as “Terms”) mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to ShareCraft, accessible from www.sharecraft.org and any subdomains of it. Our articles are published on the Website itself, in the Channel.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2 — Contact Us

If you have any questions about these Terms of Service, You can contact us:

By email: support@sharecraft.org
By visiting our website: www.sharecraft.org

3 — Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that You are at least 16 years of age. The Service is a business-to-business service for adults and professionals working in the social sector, and the Company or Operator does not permit those under 16 to use it. Section 7.2 of Our Privacy Policy sets out how We treat this.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Nothing in this Agreement shall create any agency, partnership, joint venture or employment relationship between the Company and You or Your Organisation.

4 — Governing Law

The laws of the State of Victoria, Australia, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

4.1 — For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Where we process personal data about EU individuals, we do so in accordance with the EU General Data Protection Regulation (2016/679). Our Privacy Policy sets out the lawful basis for processing; your rights as a data subject; our sub-processors; breach notification procedures; and international data transfer safeguards. Where required, we will enter into a Data Processing Agreement with organisational users upon request.

4.2 — United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

4.3 — Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

4.4 — Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5 — User Accounts

5.1 — Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

5.2 — Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, Your organisation that you represent and Your address. Where providing the name of Your organisation, you warrant that you have the legal authority to represent Your organisation and provide access to the Goods.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, depending on the type of listing, you may be asked to supply, without limitation, Your bank account details, and Your identity documents. Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

5.3 — Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

5.4 — Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

5.5 — Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

Deleting Your Account removes You, not the contributions You have made. Practices You have authored, discussions, comments, Knowledge Base articles and Case Book entries remain on the Service, shown without Your name, photograph or any other detail that identifies You. Deletion takes effect after a period of 30 days, during which You may restore Your Account. After that period it cannot be reversed.

5.6 — Licences on Account Deletion

Licences to Practices held by You personally end when You delete Your Account and cannot afterwards be restored, because once Your Account is deleted We hold no record connecting You to them. Licences held by Your Organisation are unaffected and remain with that Organisation. We retain payment and transaction records for seven years as Australian tax law requires, with the details that identify You removed.

5.7 — Change of User for Organisation IP

An authorised officer of Your Organisation can make a written request to Us to change or remove your access to the Service or to change the User access to the Listing to another person or representative where the Organisation is the owner of the content or Goods posted to the Application. In this case you may continue to use Your account as a User, but the relevant Listing will be attached to the new User authorised by the Organisation.

5.8 — Organisation Administrators

An Organisation record, and the acknowledgment of it as an owner of intellectual property, continues on the Service in perpetuity and independently of any individual Account. An Organisation must at all times have at least one administrator. If You are the only administrator of an Organisation, You must nominate a successor before deleting Your Account or resigning the role. Where no successor is nominated or accepts, administration of that Organisation passes to ShareCraft, and We may offer the role to a member of that Organisation who later joins the Service.

5.9 — Community Moderators and Dissolution

A Community belongs to its members. A moderator holds the role in stewardship and cannot dissolve a Community, whether or not they established it. If You are the only moderator of a Community, You must secure a successor who accepts the role before deleting Your Account or resigning. Where nobody is nominated or accepts, We will offer the role to the Community’s members. Where nobody accepts, a ShareCraft administrator holds the role until a member does.

A Community may be dissolved only with the support of at least 75 per cent of its approved members, counted against the full membership rather than against those who respond. We may also close a Community created in error or in breach of these Terms.

6 — Content

6.1 — Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, accuracy, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to adapt, upload and make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms (for example as an authorised officer of Your Organisation where that Organisation owns the rights to the Content), and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Your right to edit a Practice You have authored does not extend to withdrawing it from people who already hold a licence to it. A licence, once granted, cannot be revoked by the Seller. You may at any time remove a Practice from public listing, so that it can no longer be found or licensed by anyone new. You may not delete a Practice to which a live licence exists, and You may not remove its content so as to leave existing licence holders without the Practice they licensed. We keep recent copies of the content of licensed Practices and may restore a Practice where this has happened.

This does not prevent an Organisation from managing the seats under its own licence, as set out in clause 6.1a, and it does not prevent Us from suspending access under clause 6.2 or ending an Account under clause 5.5.

6.1a — Organisation Licences and Seats

A licence to a Practice may be held by an individual or by an Organisation. Where an Organisation holds the licence, the licence belongs to the Organisation, not to any individual, and it covers the staff the Organisation gives access to. Depending on what the Seller offers, that may be the whole Organisation or a set number of seats.

An administrator of the Organisation decides which of its people hold a seat, and may add a person, remove a person, or move a seat from one person to another at any time. Removing a person’s seat ends that person’s access to the Practice. It is not a revocation of the Organisation’s licence, and it does not entitle anyone to a refund.

Giving a seat to Your own staff is not sub-licensing and is not restricted by clause 6.5. Giving a seat to somebody outside Your Organisation is, and is not permitted unless the Seller has agreed to it in writing. The Organisation is responsible for the use its seat holders make of the Practice.

6.2 — Content Restrictions

The Company or Operator is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity including the Company or Operator and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

6.3 — Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 — Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, The Copyright Act 1968 (Cth) (Australia), etc.).

If You are a copyright owner or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see clause 2) and include in Your notice the following information related to the alleged infringement:

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

6.5 — Content Obligations

The Seller warrants the following in relation to the Content they provide and any license agreement they make with the Buyer:

The purpose of providing the Content is to support the quality implementation and scale of social services programs, service models or other practices and methods used to address social issues or improve people’s lives.
The Practice the Seller is Listing has been implemented in a “real world” context by the Seller (or the Organisation that owns the intellectual property to the Practice) with service users, beneficiaries or clients, and that the Practice has been developed and created by the Seller, or the Seller has a legal rights to license the Practice so developed.
Where there are claims of impact and outcomes of the Practice, the Seller will provide evidence of those claims to the Buyer. The Buyer will make their own assessment of any Content provided.
The Seller will provide a license to the Buyer to use the Practice for a limited or unlimited time period, or a limited or unrestricted geographies, but not allow the Buyer to have any rights to sub-license, assign, transfer or otherwise make available the Practice to any third party. Where the Buyer is an Organisation, giving access to its own staff under clause 6.1a is not sub-licensing.
The Seller has the option of providing a Creative Commons or open licence for free practices, and will specify the type of Creative Commons licence under which the Content is licensed.
The Seller will allow the Buyer to modify or adapt the Practice to their own local context, and may require the Buyer to share back information on the modifications or adaptations and outcomes or data back with the Seller.
The Seller may provide the Practice Content in different forms which can include live training or support from the Organisation’s staff. The Listing Content on the Application will specify at a high level what kinds of resource or supports are part of the Practice, but the Seller and the Buyer can agree the specific levels of any supports provided, and these may change over time.

6.6 — Practice Content

The Seller is responsible for all aspects of the Practice Content (including quality, completeness, accuracy, accessibility, language, booking of training or live sessions, etc.), and for managing that Content and providing it to the Buyer once a license agreement is reached. Queries or complaints about the Practice Content should be communicated to the Seller not to Us. See clause 9 in relation to handling of disputes.

We may also optionally offer to host Your Practice Content on a separate platform or system (e.g. in a Microsoft Sharepoint cloud storage or any other system as we determine) and to manage only the access to that Content (but be responsible for no other aspects of the Content) to enable easier and quicker transactions. The other provisions relating to Content on the Application (Sharecraft website) also apply to Practice Content we may host for you.

Where Content incorporates third-party material published under an open or Creative Commons licence, the Seller warrants that their use and licensing of that Content complies with the applicable open licence conditions, including attribution, NonCommercial, and ShareAlike requirements where applicable.

6.7 — Seller-Buyer Direct Agreement

By placing an Order, the Buyer and the Seller enter into a direct license agreement on the terms set out in the Seller’s Listing and, to the extent incorporated, the Content Obligations in §6.5 of these Terms. ShareCraft facilitates this transaction as a disclosed agent for the limited purpose of payment collection only and is not otherwise a party to that license agreement. The Buyer acknowledges that their agreement for the Practice is directly with the Seller, not with ShareCraft.

6.8 — Open and Creative Commons Licensed Content

Where Content posted on or made available through the Service is derived from or incorporates material published under a Creative Commons or other open licence, the User (Seller or otherwise) warrants that: (i) they have identified the applicable licence conditions; (ii) any required attribution has been included and will be maintained; (iii) where the source material is licensed under a NonCommercial (NC) condition, the Content will not be included in any paid Listing or used for commercial purposes without a separate licence from the rights holder; and (iv) where the source material is licensed under a ShareAlike (SA) condition, any derivative works incorporating that material are made available under the same or a compatible licence.

7 — Orders, Subscriptions and Services

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 — Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers.

We are not a party to any agreement (such as a Practice license agreement) You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you.

7.2 — Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 — Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites.

We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4 — Prices Policy

The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

The Seller is responsible for setting the prices for the Goods. In the case of Goods with a quoted price on the Application (also known as a ‘Buy license now’ Listing), the price will be as displayed and processed using our third party transactions partner which will handle any currency exchange.

In the case of Goods without a quoted price on the Application (also known as an ‘Enquiry / Messaging Listing’), the Seller must communicate the price for the Goods directly to the Buyer either via the messaging function of the Application, or via other direct means between the Seller and the Buyer as they choose. The price so agreed can be in any amount (including $0 or free) and in the currency agreed to between the Buyer and Seller.

7.5 — Payments

For Goods with a quoted price on the Application, (also known as a ‘Buy license now’ Listing), payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If we do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

For Goods without a quoted price on the Application, the Seller will communicate the price and payment terms directly to the Buyer, including any invoicing requirements or validation requirements, and any financial transaction will be made and arranged directly between the Buyer and Seller outside of the Application. We are not a party to that licensing agreement or that financial transaction, and We are not liable for any errors or complaints in relation to that transaction.

7.6 — Service Fees

We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

For Goods without a quoted price on the Application, we will separately agree any applicable fees with the Seller which may be calculated as a percentage commission on the value of the first year of license fee charged to the Buyer. Any such fees would be transacted outside the Application.

7.7 — Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

7.8 — Order Cancellation

7.8.1 — Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

Goods availability
Errors in the description or prices for Goods
Errors in Your Order
Mistakes from the Seller

We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction or trade is suspected.

7.8.2 — Order Cancellation by Buyers

If You as a Buyer cancel an Order for reasons within your control and unrelated to a failure by the Seller, the amount You paid may not be refunded. Nothing in this clause limits any right You may have under applicable consumer protection legislation. If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us and We will consider it.

7.8.3 — Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

7.9 — Order Dispute

If a Buyer or Seller disputes an Order, the Company will facilitate a resolution process in accordance with clause 9. Where an Order dispute is between a Buyer and a Seller, the Company’s role is to facilitate resolution, not to adjudicate the underlying merits of the Seller-Buyer license agreement. The Company’s decisions regarding platform access and service fees are final, but rights under applicable consumer law are not affected.

7.10 — Community Subscriptions

A Community is provided on a subscription. Here the Company is the supplier and You are the customer: clauses 7.1 to 7.9, which govern Orders between a Buyer and a Seller, do not apply to it.

The trial. A new Community starts on a free trial of three months. We do not ask for payment details to begin one. At the end of the trial the Community converts to a paid subscription only if You choose to pay. We will tell You before the trial ends and give You a way to pay.

Who pays. The subscription is held by the Organisation that runs the Community, not by the person who happens to moderate it. Members of a Community pay Us nothing and are not party to the subscription.

Price and renewal. The current price is on Our pricing page, in Australian dollars, plus GST where it applies. A subscription renews automatically each month or each year until it is cancelled. We may change the price, and will give You at least 30 days notice before a change takes effect on Your subscription. If You do not accept a new price You may cancel before it applies.

Cancelling. You may cancel at any time. Cancelling stops the next renewal. It does not refund the period You have already paid for, and Your Community keeps working until that period ends. We do not charge a cancellation fee.

If payment fails. We will contact You and try again. If a subscription stays unpaid, We may make the Community read-only, and later remove it from view and suspend member access. We will tell You before each step.

Your content is not deleted for non-payment. Nothing in the billing process deletes a Community’s discussions, knowledge base, events or case book. Suspension hides content; it does not destroy it, and paying restores access. We delete a Community’s content only on the written instruction of its moderators, or where clause 5.9 applies.

We may agree different terms with a particular Community in writing, including a longer trial or an exemption from charges.

7.11 — Premium and Professional Services

We also offer services delivered by Our own people rather than by the Application: documenting a Practice for You, building content, planning and facilitating meetings, moderating a Community, and similar work. These are quoted for each piece of work, based on what You need, and are agreed in a separate written proposal or statement of work.

That proposal sets the scope, the fee and the timing, and takes precedence over these Terms where the two differ. A quote is not an obligation on either of Us until You accept it in writing. Where We document a Practice for You, You own the resulting documentation and the intellectual property in it, as clause 6 provides.

8 — Disclaimer of Warranties and Limitation of Liability

8.1 — Limitation of Liability

To the maximum extent permitted by applicable law (including the Australian Consumer Law), the Company’s total aggregate liability for any claims arising out of or related to the Service is limited to the greater of: (a) the Service fees actually paid by You to the Company in the 12 months preceding the claim; or (b) AUD 500. The Company is not liable for the acts or omissions of Sellers or Buyers. Nothing in these Terms limits liability that cannot be excluded by law, including liability for statutory consumer guarantees under the Australian Consumer Law.

To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

8.2 — “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.3 — Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

8.4 — Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

8.5 — Australian Consumer Law Rights

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us; and a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

8.6 — Indemnification

You agree to defend, indemnify, and hold harmless the Company or Operator and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Content, Listings, or Goods; (c) your violation of any third-party right, including any intellectual property right; or (d) any dispute between you and another user of the Service. This indemnification obligation survives termination of these Terms.

8.7 — Adaptations to Creative Commons Content

The Company or Operator may use Artificial Intelligence tools to adapt, process, summarise or develop materials that it posts on the ShareCraft website. Where ShareCraft uses material licensed under Creative Commons, it will comply with the terms of the license. Where AI is used to develop new adaptations of source material, there may be errors or inaccuracies in the produced material, and You are advised to check the accuracy of any material posted. The disclaimer in section 8.2 applies to any and all material produced or adapted under Creative Commons licenses. Where You identify an error, You may provide feedback to enable the Company to address any errors.

8.8 — Force Majeure

The Company or Operator will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company or Operator’s reasonable control, including acts of God, telecommunications failures, cyberattacks, governmental actions, or failures of third-party service providers (including cloud service and payment processors). The Company or Operator will notify affected users as soon as practicable and will resume performance as soon as reasonably possible.

9 — Dispute Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator. Only if this attempt is not successful, you can contact Us to request a formal dispute resolution. We will acknowledge Your request, tell You who is handling it, give both sides a fair chance to be heard, and give You Our decision and the reasons for it in writing. Nothing in this clause affects Your right to take a dispute to a court or to a consumer protection body.

10 — Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.

11 — Your Feedback and Promoting Your Content

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

You also agree to grant the same license to the Company to use Your Listing Content to promote the Application and also to promote your Listing. This can include use of that Content to post promotional content, marketing, video content or other messaging with the purpose of promoting the Practice to the public and to promote the Application to future users of the Service.

12 — Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service.