Terms of Service

Welcome to Campaigns by Me.

This website is owned and operated by GetUp Limited (ABN; 99 114 027 986)

These Terms of Service outline the terms and conditions upon which you can use our website to create campaigns, sign petitions and connect with others who share the same values. Last updated: 09/11/2020.

1. Accepting our Terms of Service

By creating a campaign or signing a petition on our website, you signify that you accept these Terms of Service and agree to be bound by them.

2. Creating a Campaign

2.1 You can use our website to create one or more campaigns to advocate a cause provided that it does not promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, sexuality, age, ability or religion or otherwise violate these Terms of Service. A ‘campaign’ is your petition and all of the activities that you undertake on our website to promote your cause such as emailing the individuals who have signed your petition.

2.2 If you would like to create a campaign using our website, you must set up an account with us. You must be at least 16 years old to set up an account. If you are under 16, you can ask a parent or guardian to set up an account in their name and they can run the campaign on your behalf. When setting up your account, you must provide information about yourself that is true, current and complete. You may only create one account.

2.3 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account.

2.4 You must notify us immediately of any unauthorised use of your account. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

2.5 When you create an account and provide us with your personal information, such as your name, email address and mobile phone number, you agree to GetUp's Privacy Policy and consent to receiving:

• a. email communications from the individuals and organisations who have signed your petition; and
• b. communications (including by email, SMS and/or MMS) from us in relation to your campaign, other Campaigns by Me campaigns, and GetUp or Colour Code campaigns.

2.6 You can unsubscribe from messages sent by us at any time by clicking on the ‘unsubscribe’ link at the bottom of our emails.

2.7 You acknowledge that we have no control over the messages sent to you by the individuals who sign your petition.

2.8 As the creator of a campaign, you will be able to use our website to email the individuals who have signed your petition. You must:

• only email those individuals for the purpose of sharing information directly relating to your campaign (such as sending updates on the number of signatures reached);
• not send more than 3 emails per week; and
• immediately stop sending emails to anyone who asks to be unsubscribed from your communications.

2.9 As the creator of a campaign, you will also be able to generate a PDF of your petition that includes personal information (names, postcodes and comments) of the individuals who have signed the petition. You may only use this personal information for the purpose of delivering your petition to the intended target, in which case the information must be either destroyed or returned to Campaigns by Me as soon as possible after that delivery.

2.10 The personal information of individuals who sign a petition on Campaigns by Me may only be collected and stored by GetUp via the Campaigns by Me website. You must not collect and store personal information via any other means, except for the purpose of delivering your petition to the target in accordance with clause 2.9 above.

2.11 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on our website and any messages you receive from other users of our website.

3. Your Content

3.1 You must not use our website to:

• promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, sexuality, age, ability or religion;
• break the law or encourage others to break the law;
• bully, harass or intimidate others;
• fundraise or solicit money, property or other benefit; or
• try to influence voting in an election including by promoting or opposing a party or candidate.

3.2 You warrant that all text, images and other content you post on our website (‘Your Content’) is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on our website.

3.3 You understand and agree that we may, in our sole discretion and without notice, edit or remove any campaign you have created on our website or any of Your Content for any reason, including where we believe that the campaign or the content violates these Terms of Service or is or may be offensive, illegal, defamatory, or might infringe upon the rights of, or threaten the safety of others. If we edit or remove a campaign or Your Content, we are not required to provide you with our reasons for doing so.

3.4 We are not, under any circumstances, including where we edit or remove your campaign, required to provide you with a copy of any information associated with your campaign including a copy of Your Content or any of the personal or other information of the signatories.

3.5 By submitting and posting Your Content on our website, you give us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use, modify, reproduce, publish, broadcast, communicate, display and distribute Your Content in any format, using any medium, for the purpose of promoting your campaign or Campaigns by Me, or GetUp, or Colour Code campaigns.

4. Signing a Campaign

4.1 If you would like to sign any petition on our website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a petition.

4.2 When you sign a petition and provide us with your personal information, such as your email address and mobile phone number, you agree to GetUp’s Privacy Policy and consent to receiving:

• email communications from the creator of the campaign in relation to the petition you have signed; and
• communications (including by email, SMS and/or MMS) from us in relation to other Campaigns by Me campaigns or in relation to GetUp or Colour Code campaigns.

4.3 In some cases, we may partner with other like-minded non-government organisations on a Campaigns by Me campaign (‘Partner Campaign’). Where you sign a petition that is part of a Partner Campaign, we may ask you for your consent to share your personal information with our partner. We will only share your information in these circumstances if you have provided us with your express consent to do so.

4.4 You can unsubscribe from communications sent by us and/or our trusted partners at any time by clicking on the ‘unsubscribe’ link at the bottom of the relevant email.

4.5 You can unsubscribe from emails sent by the creator of the campaign by either unsubscribing from the campaign or from Campaigns by Me in accordance with clause 4.4 above.

4.6 You acknowledge that:

• when you sign a petition on our website, your name and post code will be made available to the creator of the campaign;
• the creator of the campaign may export a PDF of the petition, together with your name and post code and any comments you have posted on our website in connection with the campaign, and provide this information to the individual or organisation or other target being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign; and
• where appropriate and at our discretion, we may disclose your email address to the creator of the campaign or the individual, organisation or other target being petitioned for the purpose of providing the petition to the target; and
• we have no control over the messages sent to you by the creator of the campaign.

4.7 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any petition you sign on our website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of our website.

5. Using our Website

5.1 Our website is available for your personal and non-commercial use only.

5.2 We do not endorse or authorise any campaigns on our website or any comments posted on our website in relation to a campaign.

5.3 You must use our website in accordance with these Terms of Service only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use of our website.

5.4 You must not harvest or collect any personal information such as email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose.

5.5 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.

5.6 Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.

5.7 We own, or are the licensee of, the intellectual property rights in the content of our website, including but not limited to text, photos, images and trademarks.

6. Closing your account

6.1 We may suspend or cancel your account at any time and without notice if you fail to comply with your obligations under these Terms of Service.

6.2 If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you make regular back-ups of Your Content. We are not, under any circumstances, including where we have suspended or closed your account, required to provide you with the personal or other information about the individuals who have signed your petition.

7. Liability

7.1 You use our website at your sole risk.

7.2 We provide our website on an ‘as is’ basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current.

7.3 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website.

7.4 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise).

7.5 You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, Your Content, your use of (or inability to use) our website, any breach of our Terms of Service, your conduct with respect to our website and other users of our website, a campaign run through this website or any other act or omission which resulted in the claim being brought.

7.6 To the extent permitted by law, our maximum liability to you will be limited to the lesser of the total amount paid by you (if any) for any chargeable service or feature on the website or AUD$100.

8. General Terms

8.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Service available on our website. Your continued use of our website will be deemed to constitute your acceptance of such changes. We will endeavor to notify you of any material changes to these Terms of Service, however, we are not required to notify you.

8.2 These Terms of Service set out the entire agreement between you and us relating to your use of our website and supersedes all prior discussions and communications.

8.3 There is no relationship of employment, partnership, agency or fiduciaries between you and us.

8.4 This agreement is governed by and construed under the laws of New South Wales.

8.5 Any dispute or difference arising out of these Terms of Service will be submitted to arbitration in accordance with, and subject to, the Resolution Institute Arbitration Rules. The seat of arbitration will be Sydney, Australia. The language of the arbitration will be English. The number of arbitrators will be one.

9. Definitions

In these Terms of Service, unless stated otherwise:

GetUp means GetUp Limited and all related bodies corporate.

Us, we, Campaigns by Me means GetUp.