TERMS AND CONDITIONS

Welcome to WeDo 80! We are a social network allowing users to share content and communicate with each other, all for a good cause! Our platform is driving social change by donating 80% of our net profits to charitable causes. Before you join our platform, please read through these terms and conditions to understand the conditions of use.

1         Our Disclosures

2            Introduction

2.1          These terms and conditions (Terms) are entered into between Sunlight Trend Pty Ltd ABN 33 659 568 831 (we, us or our) and you, together the Parties and each a Party.

2.2          We provide a mobile application called WeDo 80, which gives users the ability to share content and communicate with each other (Platform). 

2.3          In these Terms, you means the person or entity registered with us as an Account holder.

2.4          If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms. 

3            Acceptance and Platform Licence

3.1          You accept these Terms by checking the box and clicking “I accept” when registering on the Platform.

3.2          We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Account in accordance with the “Cancellation of Account” clause.

3.3          If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

3.4          Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

4            Age Limit

4.1          Subject to clause 4.3, you must not use the Platform if you are under 13 years old.

4.2          If you are above 13 years old, but under 16 years old, you agree that you have the consent of your parent or legal guardian to use the Platform, and that you have read through and discussed these Terms with them. 

4.3          If you reside in the below countries, you agree that you may only use the Platform where you are older than the minimum age set out below:

4.4          In the event of any inconsistency between clause 4.1 and 4.3, the terms and conditions in clause 4.3 will prevail. 

5            Platform Services

5.1          In consideration for your use of the Platform, we agree to provide you with access to the Platform, which will allow you to interact with other users on the Platform by:

(a)   creating posts;

(b)  uploading images or videos;

(c)   commenting on posts;

(d)  liking or voting on posts;

(e)   creating a personal profile; and

(f)   scrolling the Platform to view other users’ content. 

5.2          We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance. We also do not warrant that access to the Platform will be uninterrupted, error-free or free from viruses. You should ensure that you utilise virus protection software when using the Platform.

5.3          Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, please contact us using our contact details below. We will endeavour to respond to any requests in a reasonable period. 

5.4          You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.

5.5          You acknowledge and agree that data loss is an unavoidable risk when using any mobile application. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.

5.6          To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable. 

5.7          You agree that the Platform will be updated from time to time. You agree that we may download and install updates to the Platform on your mobile device, in accordance with the permissions on your mobile device.

6            Accounts

6.1          You must register on the Platform and create an account (Account) to access the Platform’s features. 

6.2          You may register for an Account by providing us with your first name, last name, mobile number and email address.

6.3          All personal information you provide to us will be treated in accordance with our Privacy Policy. 

6.4          You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others. 

6.5          You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account. You agree to immediately notify us of any unauthorised use of your Account.

6.6          The Platform will provide you with the functionality to block and/or restrict contact with other users of the Platform, such as making your profile public or private. Please view your Account settings to activate these features.

6.7          You may only create an Account for personal, non-commercial use.

7            Our Intellectual Property

7.1          You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) that we make available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.

7.2          We authorise you to use Our Intellectual Property solely for your personal use and/or for your limited commercial use (as contemplated by these Terms). You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.

7.3          You must not, without our prior written consent:

(a)   copy, in whole or in part, any of Our Intellectual Property; 

(b)  reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c)   breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

7.4          Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a)   you do not assert that you are the owner of Our Intellectual Property;

(b)  unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 

(c)   you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 

(d)  you comply with all other terms of these Terms.

7.5          You may provide us with feedback (whether solicited or unsolicited), including any idea, suggestion, recommendation, or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback). As between the Parties, you acknowledge and agree that we own all Intellectual Property in the Feedback, and we may use Feedback in any manner which we see fit (including to develop new features), and no benefit will be due to you as a result of any use by us of any Feedback.

7.6         The Platform may contain open-source software. The open-source software contained in the Platform may be subject to relevant licence terms available at:

Open Source Initiative (OSI) – https://opensource.org/licenses 

GNU Project – https://www.gnu.org/licenses/license-list.en.html

Creative Commons – https://creativecommons.org/licenses/

Apache Software Foundation – https://www.apache.org/licenses/

Mozilla Foundation – https://www.mozilla.org/en-US/MPL/licenses/summary/

7.7          This clause will survive the termination or expiry of these Terms.

8            Licence to Your Content

8.1          You own all data, information or content you upload into the Platform (Your Content).

8.2          You grant us an unconditional, sublicensable, transferable, irrevocable, non-exclusive, royalty-free licence to use, modify, adapt, reproduce, make derivative works of, publish, transmit, store, backup and/or otherwise access or use Your Content to:

(a)   allow you to use the Platform’s services;

(b)  supply the Platform to you and otherwise perform our obligations under these Terms;

(c)   diagnose problems with the Platform;

(d)  allow us to sublicense the rights in Your Content to other users, who may view and share Your Content on the Platform, or on other platforms; 

(e)   enhance and otherwise modify the Platform;

(f)   perform Analytics;

(g)   develop other services, provided we identify Your Content; and

(h)  as reasonably required to perform our obligations under these Terms. 

8.3          You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information. 

8.4          This clause will survive the termination or expiry of these Terms.

9         Privacy

9.1          We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. 

9.2          You must only disclose Personal Information about another individual to us if you have the right to do so (such as having the individual’s express consent). 

9.3          We may need to disclose Personal Information to third parties, such as our related companies or our service providers (For example, IT and administrative service providers, Third Party Content Moderators, Third Party Content Classifiers and our professional advisors). If you do not consent, please do not use our Platform.

9.4          Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

10       Posting Guidelines for Your Content

10.1        You agree that you are solely responsible for all of Your Content that you make available on or through the Platform. You represent and warrant that:

(a)   you are either the sole and exclusive owner of Your Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Content(as contemplated by these Terms); 

(b)  neither Your Content nor the posting, uploading, publication, submission or transmission of Your Content or our use of Your Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;

(c)   Your Content will not be objectionable, abusive, obscene, explicit, illegal, defamatory, offensive, threatening, or otherwise harmful to any person;

(d)  Your Content will not contain violence or depictions of violence (including graphical or animated violence, and including sexual violence);

(e)   Your Content will not contain signs, gestures, or actions (including via emoticons, videos, sounds or GIFs) that are discriminatory, racially vilifying, intimidating, insightful, hateful, vulgar, obscene, pornographic or sexually suggestive;

(f)   Your Content will not contain profanity, abuse or aggressive language, whether in English or in any other language;

(g)   Your Content will not contain the personal contact details or confidential information of any person without their prior written consent;

(h)  Your Content will not contain any form of advertising that is unsuitable for minors, including tobacco, or alcohol advertising;

(i)    Your Content will not contain any misleading or deceptive material, or otherwise be in breach of the Australian Consumer Law; and

(j)    Your Content will not contain any website links or URLs, include those that show content that would contravene these Terms.

10.2        We do not endorse or approve, and are not responsible for, any of Your Content.

10.3        You acknowledge and agree that we may share Your Content with our Third Party Content Moderators to ensure Your Content is compliant with clause 10.1 and with Third Party Content Classifiers to categorise Your Content into specific topics or genres. If you do not agree to this clause 10.3, please do not upload Your Content. 

10.4        If you breach this clause 10, we may:

(a)   block or remove Your Content that contravenes clause 10.1;

(b)  notify any relevant government or regulatory body, including the Office of eSafety Commissioner, including providing them with any personal information that you have provided to us; or 

(c)   terminate your Account in accordance with clause 16.2.

10.5        This clause will survive the termination or expiry of these Terms. 

11          Prohibited Conduct

11.1        When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

(a)   tampering with or modifying the Platform (including by transmitting viruses and using Trojan horses);

(b)  using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform;

(c)   anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(d)  using the Platform to defame, bully, stalk, intimidate, harass, threaten, mistreat, menace or offend any person, including using the Platform to send unsolicited electronic messages;

(e)   misrepresenting your identity; or

(f)   facilitating or assisting a third party to do any of the above acts.

11.2        If you breach this clause 11, we may remove Your Content in accordance with clause 9.3 or terminate your Account in accordance with clause 16.2.

11.3        This clause will survive the termination or expiry of these Terms.

12          Content Monitoring

We aim to be completely transparent about the ways in which we monitor Your Content or content that other users, post, share, or otherwise upload on the Platform (Content). Content is monitored by us manually by regularly monitoring the Platform and responding to users’ notification of inappropriate Content, or through a Third Party Content Moderator. While we use our best endeavours to ensure that all Content is monitored in a thorough way, we cannot completely ensure that all of the Content you view on the Platform is true, correct, complete, or otherwise in line with these Terms. If, while using the Platform, you come across Content that you believe is inappropriate, please let us know and, we will action this by: (a) blocking or removing the relevant user accounts from the Platform; and/or (b) removing any inappropriate Content at the soonest. We will use our best endeavours to act on any notification provided by a user within 24 hours. If at any time you may feel that we have not dealt with inappropriate Content in a timely manner, you are welcome to contact the website for the Office of the eSafety Commissioner at https://www.esafety.gov.au/. You can access the latest information and help on cyber security and safety as well as other important resources available for you or anyone who may require more digital safety information on this website. 

13          Warranties

13.1        You represent, warrant and agree that:

(a)   you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b)  there are no legal restrictions preventing you from entering into these Terms;  

(c)   all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and

(d)  you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.

14          Australian Consumer Law 

14.1        Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). 

14.2        If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.  

14.3        Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

14.4        This clause will survive the termination or expiry of these Terms.

15          Liability

15.1        Despite anything to the contrary, to the maximum extent permitted by law:  

(a)   you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform License clause (clause3) and the Intellectual Property clauses (clauses 7, 8, 9, and 10) of these Terms;

(b)  neither Party will be liable for Consequential Loss; 

(c)   each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and

(d)  our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you or, in our sole discretion, to us paying you $50.  

15.2        This clause will survive the termination or expiry of these Terms.

16          Termination

16.1        Cancellation of Account: You may request to cancel your Account at any time by notifying us via ‘cancel my Account’ feature. Your cancellation will take effect immediately.

16.2        Immediate Termination of Account: We may terminate your Account immediately if you breach clause 11 (Prohibited Conduct) or clause 10 (Posting Guidelines for Your Content) of these Terms.

16.3        Termination for Convenience: We may terminate your Account at any time by giving 30 days’ written notice to you.

16.4        An Account will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:

(a)   the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b)  the Defaulting Party is unable to pay its debts as they fall due.

16.5        Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach. 

16.6        Upon expiry or termination of your Account we will remove your access to the Platform and your Account will be deleted. It may take us time to remove your profile, and any of Your Content from the Platform. Note that Your Content which has been reposted by other users on the Platform will not be removed if you delete your Account.

16.7        Termination of an Account will not affect any rights or liabilities that a Party has accrued under these Terms.  

16.8        This clause will survive the termination or expiry of your Account.

17          Notice Regarding Apple

17.1        To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

17.2        Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 

17.3        If our mobile application fails to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

17.4        Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

17.5        Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 

17.6        You agree to comply with any applicable third-party terms when using our mobile application. 

17.7        Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

17.8        You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18          Google Play

18.1        To the extent that you are using or accessing our Platform on an Android device, or by downloading the Platform from Google Play (or its successors) operated by Google,Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:

(a)      to the extent of any conflict between (a) the Google Play Terms of Services and the GooglePlay Business and Program Policies or such other terms which Google designates as default end user licence terms for Google Play (all of which together are referred to as the “GooglePlay Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play; and

(b)      you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by WeDo 80 or you (or any other user) under these Terms or the Google Play Terms.

19          General 

19.1        Access: The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place you access the Platform.

19.2        Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld). 

19.3        Competitions: we may hold competitions and giveaways on the Platform from time to time. The terms and conditions relating to each competition or giveaway will be made available on the Platform. 

19.4        Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. If mediation is unsuccessful, the dispute may be referred by either Party (by notice in writing to the other Party) to arbitration in accordance with the Australian Centre for International Commercial Arbitration (ACICA) rules. Once a dispute has been referred to the ACICA, the Parties agree to be bound by the decision of the ACICA. The seat of arbitration shall be Sydney, Australia.  The language of the arbitration shall be English. The number of arbitrators shall be one.Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

19.5        Entire Agreement: Subject to your Consumer Law Rights, this Agreement contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in this Agreement, and this Agreement supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter

19.6        Force Majeure: To the maximum extent permitted by law, neither party shall have no Liability for any event or circumstance outside of its reasonable control. 

19.7        Governing law: These Terms are governed by the laws of Victoria, Australia.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria, Australia, and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

19.8        Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

19.9        Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

19.10      Third party sites: The Platform may contain links to websites operated by third parties, including charities that we may advertise on our Platform. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.

20          Definitions 

20.1        Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

20.2        Intellectual Property means any copyright, registered or unregistered designs, patents or trademarks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

20.3        Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

20.4        Third Party Content Classifier means any third party service provider we engage to classify or categorise Content into different topics or genres. 

20.5        Third Party Content Moderator means any third party service provider we engage to monitor Content in accordance with clause 10 and 12.

For any questions or notices, please contact us at:

Sunlight Trend Pty Ltd ABN 33 659 568 831

Email:   [email protected]     

Last update: 12 December 2024

© LegalVision ILP Pty Ltd

Annexure 1 – Supplemental Jurisdiction Specific Terms