Terms of Use

This page sets out the Terms of Use for the website www.dareyou.com and all content at that domain. You should read these Terms of Use carefully. By continuing to use the website you agree to these Terms of Use, including the terms set out under the headings your safety and security, warnings and disclaimers, our liability to you and your liability to us.

The aim of the website is to provide a platform where individuals (“originators”) can post personal goals and projects they wish to complete (“challenges”) and gain support from family, friends and the general public along the way (“followers”).

If you need to contact us you may email us at info@dareyou.com or, for any urgent matters, use the Contact Us form on the website.

License to use the website

Subject to you complying with these Terms of Use, we grant you a non-exclusive and revocable license to use the website for the following limited purposes:

  • As an originator, to post details about the challenge you are setting for yourself; and/or
  • As a follower, to provide support for an originator to complete their challenge.

Website registration         

Your ability to access certain website functionality, such as starting a challenge, posting a comment and receiving regular challenge updates will require you to create an account as a registered user of the website (“registered user”). You must ensure that all information you provide creating your account is true and accurate and remains up to date. If there are any changes to the information you have provided, you should update it through your account or otherwise contact us.

To become a registered user, you will be required to create a username and password (“user credentials”) and it is your responsibility for ensuring the security and confidentiality of your user credentials. You accept full responsibility for all use made of the website through your user credentials. You should contact us immediately if you suspect or know of any unauthorized use of your user credentials.

In creating a username or the name of a challenge, you must not use any name or term that (i) is the name of another person (including with the intent to impersonate that person); (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, obscene or otherwise inappropriate in the context in which we make the website available.

Although you may register a number of challenges, you may only create one registered user account and your account may not be transferred or assigned to anyone else. You may terminate your account at any time by emailing us at info@dareyou.com. We reserve the right to terminate your challenge(s) and/or account as a registered user, restrict functionality available to you and/or refuse service to you if (i) we reasonably believe you are in breach of these Terms of Use, any law or the legal rights of any person, (ii) we reasonably believe you are using the website in an inappropriate way or outside its intended purposes or (iii) if we no longer offer the registered user functionality or for other business reasons.

Creating challenges and posting comments

By “website forum” we mean the communication facility (or facilities) offered over the website which enables you to create a challenge, to post comments on challenges and (to the extent available) to communicate with any other website user. You may only use the website forum:

  • as a follower, to provide comments and feedback which you honestly and reasonably believe to be helpful, supportive and relevant to a particular challenge; and/or
  • as the originator of a challenge, to (i) post information and material which legitimately reflects a personal or business goal of your own and (ii) respond to comments in a manner which is genuine and respectful.

The website forum is provided as a facility to assist individuals in achieving personal goals and objectives which are healthy, positive and legal and your use of the website forum must at all times be reasonable and appropriate in this context.

You must not use the website forum:

(i)     for any purpose or to transmit any content that is sexual, obscene, defamatory, disparaging, offensive, abusive, harassing or threatening, discriminatory or liable to incite racial hatred or which could in any other way reasonably be considered to be inappropriate;

(ii)   to exploit or embarrass someone, provide any image or information about someone without their consent or impersonate someone;

(iii)  to provide any private information of anyone other than yourself, including, addresses, phone numbers, email addresses and credit card numbers;

(iv)   to mislead or deceive, falsify any information about yourself or anyone else (such as your age or your affiliation with any person or entity) or delete any author attributions;

(v)     to solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

(vi)   to promote, provide information about, cause or contribute to an activity which is unlawful;

(vii)  to promote, provide information about, cause or contribute to the infringement of the intellectual property, publicity, privacy, confidentiality or any other legal rights of any person;

(viii)to promote, advertise, discuss, or provide information or any other content about any products or services that are related to the adult entertainment industry, supply of alcohol, pharmaceuticals or any other products/services which are subject to legal restrictions;

(ix)   to advertise, offer to sell or buy any goods or services or provide professional advice for any business purpose (including in competition with the website); or

(x)     to bring us or the website into disrepute.

We have the right (but not the obligation) to monitor use of the website forum and we may intervene in or prohibit communications as we determine to be appropriate. Once a comment is posted it may not be easily retracted, so please exercise care prior to sending any messages. We may, as we consider appropriate, with or without notice to you, remove any content or comments, which we consider inappropriate in any way.

Publication of content you provide

Any content you provide to the website, whether by way of creating a challenge, updating your challenge, posting comments or otherwise will be available for viewing by the public at large and without restriction. Further, you acknowledge that we may reproduce any content you provide in any marketing materials, social media forum or generally, for the furtherance of our business and/or your challenge(s). Where we reproduce any content you provide we may name you as the author or provider of such content (in the same way as you have indicated your authorship on the website – such as your username). You further acknowledge that your content and username may appear on third party services such as Google and other search engines.

Content provided by others

Any opinions, advice, comments or other content contributed by other website users do not represent our own views, opinions or comments nor our endorsement of any business operated or promoted by that contributor. We may but will not necessarily (and are not obligated to) monitor the quality of any content posted by other website users. You should always assume that any content (whether in the form of a challenge, comment or supplementary material such as photos) has NOT been monitored or reviewed by us. You should perform all inquiries as appropriate in the circumstances to verify any opinions, advice or other content posted on the website prior to relying on it and you assume full responsibility for any reliance you place on that material.

Although it is prohibited by our website Terms of Use, you acknowledge that you may encounter comments or other content provided by others which is sexual, obscene, offensive, illegal, in breach of confidentiality, intellectual property or other legal rights, misleading, defamatory or otherwise inappropriate. If this happens, please contact us immediately. Where we consider it appropriate, we may take steps to remove the content.

Limitations on our involvement and services 

Our website merely provides a platform over which you can publicize your challenges and hopefully gain the support of followers. While it is intended to help you meet your goals, in no way do we act as professional advisors or offer any advice whatsoever in relation to your chosen challenge or the suitability of anyone else’s challenge. Further, in no way do we endorse or confirm the views expressed in the comments or other content provided by other website users. While we wish you the best in your endeavours, you must make your own inquiries as are appropriate in the circumstances as to whether or not your challenge, the results you may achieve and any flow-on effects are suitable and desirable for you or even achievable.

At times the website may advertise different services and businesses, however, in no way do we act as a referral service, employer or any type of advisor. Further, you agree that we are not involved in any aspect of the relationship between you and any other website user.

YOUR SAFETY AND SECURITY                                                                                                                                                                                                     

The website functionality enables you to post information about yourself, your challenges and your experiences and views which may be relevant to other users’ challenges. You acknowledge that any information you post whether in creating and managing your own challenge or in posting comments is available for viewing by the general public. We do not restrict access to uploaded information and content to registered users only. While we may act to intervene or remove content from the website which we determine to be inappropriate, in general we act only as a passive conduit and do not monitor material posted on the website.

Dangers of publicizing personal information. Since information and any content you post on the website can be viewed by the world at large, it is extremely important that you exercise caution and consider the potential effects of posting any content prior to doing so. For example, we advise against giving out any information which is of a very personal nature or which could be used to locate you.  Disclosure of any personal information on a messaging service is at your own risk. You acknowledge there are risks inherent in providing information in a public form and, in general, in dealing with persons who you have met or come to know over the internet including the risks of physical harm, fraudulent activity and dealing with people acting under false pretenses. You accept full responsibility for all risks involved and acknowledge that it is entirely your responsibility to manage the type of content you post and determine the advisability of making yourself and details about your challenge, comments or affairs generally known to the public.

Prohibitions as to your use of the website generally

In addition to all other requirements in these Terms of Use, you must not use the website:

  • in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
  • for the purpose of commercial resupply of services offered over the website;
  • to frame any part of the website on you own website;
  • for any other non-personal and commercial purpose except with our prior written agreement;
  • in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website;
  • to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website;
  • to conduct or forward surveys, contests, pyramid schemes or chain letters;
  • to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages;
  • to change or attempt to change the presentation, content or layout of any part of the website;
  • to attempt to probe, test or circumvent the security aspects of the website;
  • to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer);
  • to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the website (except to the extent permitted by law); or
  • to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another’s computer.

Website functionality

The website functionality is a dynamic part of our business and may change over time. In general, changes to website functionality will happen without you receiving notice and may include the addition or removal of content and/or services, the addition of new features or variations to existing features (such as look and feel and the user interface) and restricting use of forums and other types of messaging/communication facilities.If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and, if you have created one, your registered user account.

Website security

You agree to comply with all reasonable security procedures which we may require. If you suspect or know of any unauthorized use of the website, you must contact us immediately.

Linking

The website may contain links to or from other external websites not operated by us (“linked sites“). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that linked site or any other negative impact it may have upon your computer.

Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission. However, since we cannot control external websites linking to our website, links should not be considered as our endorsement of any external website or business.  

Advertising

Any advertising on the website does not represent our endorsement of or warranties in relation to whatever is being advertised.

Intellectual property rights etc

The website, including its layout, design and materials posted by other website users contains material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination. This applies to content we provide and content provided by others. You may not:

  • re-use any content or website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply;
  • reproduce content without our express permission or the permission of the copyright owner; or
  • otherwise modify, copy, distribute, frame, reproduce, republish, download, display, transmit or sell any content on the website.

However, you may download or print a copy of any portion of the website content to which you have properly gained access solely for your personal use, provided that you keep all copyright, trademark, service mark and other proprietary notices intact.

We do not claim intellectual property ownership in any content you provide via the website forum (“content you provide”). You grant us, our affiliates and sublicensees, a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable license to use the content you provide in any way and permit us to sublicense and authorize any person to do the same thing, including reproducing, changing and communicating the content to the public or using it in connection with the operation of our business. This license includes the right to republish content you provide in other formats and on other mediums, such as posting it on our Facebook page and sending it in promotional emails. Content you provide may be used by us for any purpose, whether commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof. You further acknowledge that the license you provide includes the right to delete, edit, modify, reformat, translate, excerpt, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit any content you provide and your trademarks, service marks, slogans, logos, and similar proprietary rights which are included in any content you provide. You grant to each other website user a non-exclusive license to access content you provide and to use, edit, modify, reproduce, distribute, prepare derivative works of and display any content you provide for their own personal, non-commercial use.

You represent and warrant to us that you have all necessary rights to grant the licenses and rights set out above. You must not post, transmit, or share any content on the website that you did not create or that you do not have permission to post. You must ensure that you have all consents necessary to post and share any photograph which includes any person other than yourself.

You acknowledge that your name and/or username may or may not be published in connection with content you provide. You consent to any act or omission which would otherwise constitute an infringement of your moral rights and, if you add any content in which any other person has moral rights, you must also ensure that person also consents in the same manner.

You are solely responsible at your sole cost and expense for creating backup copies of any content you provide to the website and acknowledge that we are not responsible for keeping copies of or providing to you any content you provide.

Except for the limited license expressly granted, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you. As between you and us and except in respect of any content you provide, we own all intellectual property rights in connection with the website.

If you believe any content on the website breaches your (or any third party’s) intellectual property or other legal rights, please contact us immediately.

Information about you   

Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, confirm your age, confirm your compliance with the Terms of Use or as may be required by any law or government agency.  We may also collect and disclose information about you in the instances set out in the Privacy Policy.

Consumer guarantees     

Where the Australian Consumer Law (“ACL”) mandates guarantees to apply to our goods/services supplied to you andour goods/services fail to meet those guarantees, in accordance with the ACL you are entitled to: (i) for any major failure, a refund and compensation for your losses or damages which were reasonably foreseeable; or (ii) for a non-major failure, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us or to be reimbursed the cost of their re-supply (in both cases, at our option).

WARNINGS AND DISCLAIMERS

We exclude all representations and warranties related to any goods or services we provide other than those expressly set out in these Terms of Use and those which by law cannot be excluded. To the extent permitted by law, your use of the website and related services are on the basis that you assume responsibility for all associated risks, whether or not foreseen. In addition to other statements made in these Terms of Use as to warnings and possible problems you may encounter using the website, the website forum and any content, we draw your attention to the following points.

  • Your results. Your use of the website in no way guarantees your success in meeting the challenge you set for yourself. While we wish you the best in your endeavours, we take no responsibility in any way related to the results you obtain and any consequences of the challenges you set for yourself.
  • Content. We hope to provide and encourage others to provide comments and other material that are up to date, accurate and relevant. However, at the time you view certain content, it may be out of date, misleading, unhelpful in your endeavours, contain inaccuracies or errors or be otherwise untrue or unreliable.  We make no endorsements and no representations or statements as to the reliability, accuracy or suitability of any content posted or otherwise available on the website for your specific purposes. You need to make your own independent inquiries and verifications as are appropriate and assume full responsibility for any reliance you place on or any influence your allow by any website content.
  • No professional advice. Any content published is by way of general information only and neither the website nor any content should be considered professional advice to you. Professional advice needs to consider all relevant details of your particular personal or business circumstances. For professional advice you should consult a qualified professional to consider your specific circumstances.
  • Health issues. You should not construe any comments or other content on the website as health or medical advice. The information offered on the website should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You acknowledge that we have no knowledge of your (or any other user’s) health condition(s) and that you alone are responsible for any actions you take that may have any health or other risks to you. You should seek medical advice from your doctor prior to undertaking any course of action that may have health effects on you.
  • Information you disclose. Always use caution when giving out any information about yourself or your business, especially with respect to information which can be used to personally identify you.  Disclosure of any personal information is at your own risk. Any information posted as a comment or in a challenge can be viewed by the public at large.
  • Identity and appropriate use. We make no representations as to the other users of the website, their manner of using the website or any content you or they provide. We cannot guarantee their identity or that their use of the website will be appropriate, to your liking and without any harm to you. The website may contain, or direct you to websites containing, information that you may find offensive or inappropriate.
  • Provided “as is” with inaccuracies and errors. The website, including all functionality and content, are provided “as is” and may contain inaccuracies, errors and/or be out of date, may be unreliable, at times unavailable and, overall, unsuitable for your requirements and purposes and may not provide the results you desire.
  • Technology issues and service interruptions. The website will not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes. In addition, access to website functionality may be temporarily or permanently suspended, whether for you individually or for all (or any group of) website users

OUR LIABILITY TO YOU                                          

Subject to the ACL and to the extent permitted by law: (i) we limit the entirety of our liability to you (or anyone else) in relation to this agreement to the amount we have charged you for access to the website, or, where no amount has been charged, to $100 (AUD); and (ii) all liability in respect of any special, indirect or consequential loss or damage is excluded. To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability is limited to the maximum extent permitted by law.

For the avoidance of doubt, liability limited by this section includes liability in any way related to:

  • the website content and functionality;
  • the website forum;
  • use (by us or others) of content you provide or publish;
  • content posted by other website users and, generally, the conduct of other website users;
  • any claim or complaint which you may have against any other website user or which any other website user may have against you;
  • the results you obtain and any consequences which flow from posting a challenge;
  • advertising on the website; and
  • loss of data or breach of our Privacy Policy.

YOUR LIABILITY TO US

You agree to indemnify us from and against all losses, damages, costs and expenses of any nature whatsoever which arise out of or in relation to (i) your breach of this agreement and (ii) any compliant or claim that you are in breach of any law or regulation or the legal rights of any person. By way of example only, this indemnity applies to any claims against us that any content, comments or material you have posted on the website forum is defamatory, infringes copyright or any other legal rights.

Changes to the Terms of Use

At times we may change the Terms of Use by publishing an updated version on the website which will supersede all previous versions. Changes may be made to protect our interests and to reflect changes in the website and any products or services we offer. At all times you are free to terminate your use of the website and this agreement with us.

Termination

These Terms of Use may be terminated at any time and for any reason by: (i) you, by ceasing all further access to or use of the website and, if you have become a registered user, by advising us by email; or (ii) us, by ceasing to operate the website, terminating your registered user account or advising you by email. Termination may be of immediate effect and without any prior notice. If this agreement terminates, you must cease all further use of the website. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination. All provisions related to (i) the license of content you provide, (ii) any warnings and disclaimers by us, (iii) the limitation of our liability (including any provisions required to give effect to those provisions) and (iv) your liability to us, continue after and survive termination of this agreement. Any content you have previously provided may or may not (in our discretion) be removed from the website following termination of this agreement.

Miscellaneous

You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address. You may contact us if you are experiencing any problems with any website user. Where we consider it appropriate we will endeavor to assist, however, you agree that we will never be involved in any dispute between you and any other website user.

You may only use the website within Australia. As an individual, you must be at least eighteen years of age and an Australian resident. As a company you must be incorporated and conducting business within Australia. If you are accessing the website on behalf of a company, you must be duly authorized to accept these Terms of Use on behalf of that company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website.

These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect. Any failure to assert any right under the Terms and Conditions does not constitute a waiver of such right.No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term. These Terms of Use are governed by and construed in accordance with the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

Definitions and Interpretation.The words“includes”, “including” and “may include” are to be read as if followed directly by the words “(without limitation)”. In addition to the definitions already set out:

  • content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website forum;
  • the website” means www.dareyou.com and all content residing in that domain, including the website functionality, the website forum, the layout, design and underlying code and systems;
  • we”, “us” and “our” refers to Dareyou Pty Ltd ACN 169 838 126;
  • website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and
  • you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).

(Updated as at 10 June 2014)