Welcome to the Terms and Conditions (or "Agreement"). This Agreement describes the terms and conditions that govern your use of our services at frontcover.io (our "Site" or "Platform"). Before you may become a member of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and the Platform's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email.
Our Privacy Policies may be accessed here: Privacy Policy
Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.
By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by the Platform, by Frontcover the technology provider and its related and affiliated companies, to the extent that you use those websites.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with the Platform. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
The Platform
The Platform is a Venue and a Service Provider
The Platform is an online service and acts as a venue to allow members who comply with the Platform's policies to promote, offer, sell and buy certain goods or experiences. The Platform allows individuals, groups and organisations ("Communities") to list profiles and raise funds through selling membership, items, experiences and offering items and services ("Merchandise") to new and to members ("Members").
The Platform is not directly involved in the transaction between Communities and Members. As a result, The Platform has no control over the quality, safety, morality or legality of any aspect of the Merchandise listed, the truth or accuracy of the listings, the ability of Community to sell Merchandise or the ability of Member to pay for Merchandise. The Platform cannot ensure that a Member or a Community will actually complete a transaction. Consequently, The Platform does not transfer legal ownership of Merchandise from the Member to the Community.
The Platform cannot guarantee the true identity, age, and nationality of a member.
You agree that the Platform is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on the Platform. You use the Platform service at your own risk.
Prohibited, Questionable and Infringing Merchandise, Items and Activities
You are solely responsible for your conduct and activities on and regarding to the Platform and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.
Your Content and your use of the Platform shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policies, any community guidelines, any project guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including Frontcover staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack Frontcover or modify another website so as to falsely imply that it is associated with the Site;
Appear to create liability for Frontcover or cause Frontcover to lose (in whole or in part) the services of Frontcover's ISPs or other suppliers
Link directly or indirectly, refer or contain descriptions of goods, experiences or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on the Site.
Furthermore, you may not list any item on the Platform (or consummate any transaction that was initiated using Platform's service) that, by paying to Platform the listing fee or the final value fee, could cause Frontcover to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
Failure to perform Services
If there are specific conditions relating to the Services to be performed by you, including, but not limited to:
making Posts within a certain time-frame, or by a certain time;
making Posts in a certain content format; and you fail to meet any of those conditions, Frontcover is not required to pay you for those Services in relation to that Community Offer, on the basis that those conditions are critical conditions of the Community Offer you are providing Services in relation to.
For the avoidance of doubt, failure to perform all Services and complete all requirements and remain signed up the Site until a campaign described in a Community Offer is completed will result in a forfeiture of the Payment. Should you fail to perform Services in any manner, at any time, Frontcover may remove you from the Frontcover Site in its sole and exclusive discretion.
Monitoring, suspension and termination of access
Frontcover reserves the right to generally monitor the Site and all activity through the Site. If you are in breach of these Terms and conditions or Frontcover suspects that you are in breach of these Terms and Conditions, or engaged in suspicious, fraudulent, abusive or other activity which Frontcover (in its absolute and exclusive discretion) determines is not in accordance with its values or may be detrimental to its or a Seller’s interests) it may choose to suspend or terminate your access to the Site.
General - Force Majeure
Despite any other provision of this agreement, if a party is unable to perform or is delayed in performing an obligation under this agreement by reason of a Force Majeure Event:
that obligation is suspended but only so far and for so long as it is affected by the Force Majeure Event; and
the affected party will not be responsible for any loss or expense suffered or incurred by any other party as a result of, and to the extent that, the affected party is unable to perform or is delayed in performing its obligations because of the Force Majeure Event.
General - No waiver
No forbearance or delay by Frontcover in exercising or enforcing its rights under the Agreement shall prejudice or restrict the rights of Frontcover to exercise or enforce its rights at a later time and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. Frontcover may only waive a right under the Agreement by doing so in writing.
Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER Frontcover NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE.
PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Frontcover HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRONTCOVER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED 100 AUSTRALIAN DOLLAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Frontcover AND YOU.
Controlling law and jurisdiction
These Terms and any action related thereto will be governed by the laws of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods, private international laws (e.g. conflict of laws principles) and consumer protection e-commerce regulations, where relevant, are expressly excluded. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the competent court of Victoria, Australia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Electronic Communications
The communications between you and the Platform use electronic means, whether you visit the Site or send us emails. For contractual purposes, you (a) consent to receive communications from Frontcover in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Frontcover provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Support
The Platform does provide limited support for the Software or Service. However, the Platform may provide access to a protected forum for the users and members to send any questions and/or comments regarding the Software or Service. The Platform does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.
Usage
Improper Usage of the Platform. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Site membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Frontcover service, violated the terms of this Agreement, or have otherwise used the Frontcover service to conduct any fraudulent or illegal activity.
In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in our sole discretion), the Platform may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.
General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. The Platform will not be liable for any delay or failure to provide its services caused by a factor outside the Site's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
Your Information
Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the project information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).
You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.
Your Information must not, in any way whatsoever, be potentially or actually harmful to the Platform or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by the Platform. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
be false, inaccurate or misleading or deceptive;
be fraudulent or involve the sale of counterfeit or stolen items;
infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
be defamatory, libellous, threatening or harassing;
be obscene or contain any material that, in the Platform's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such
contain any content that is prohibited or that, in the Platform's sole and absolute discretion, may be prohibited content;
contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
Solely to enable the Platform to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Platform will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content.
Tax & Legal Compliance
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting profiles. In particular, you must ensure that your activities, profiles you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).
Communities alone, and not the Platform, are responsible for ensuring that the project listing and any other activities conducted on the Site are lawful. Communities must ensure that they comply with all applicable laws in Australia and all other countries. Communities must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.
Communities should comply with country, state and federal regulations.
Communities should be aware that funds raised using the Platform could be taxable income.
It is the Community's responsibility to declare the funds and comply with local tax laws.
Governing Law
These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Platform service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.
Further Information
Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.
Contact information
Contact us at [email protected] if you have any questions.