Terms & Conditions

These terms relate to your use of the Website www.nomeatmay.org (“the Website”).

Use by users (“you”/”your”) of the Site constitutes acceptance by you of the following terms of use.

YOUR USE OF THIS SITE WILL BE GOVERNED BY THESE TERMS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

If you do not agree to all of these terms of use and our Privacy Policy (“terms”), you may not use the Website which is owned and operated by No Meat May (“us”/”our”/”we”).

Our Agreement deals with what you must do, what we agree to do, how we deal with each other's content and intellectual property, what you must not do, our liability, your liability, privacy obligations and other matters. Some of the capitalised terms used in these Terms and Conditions are defined elsewhere in Our Agreement.

1. We are No Meat May Incorporated ABN 82 411 998 933.
2. Our Agreement comprises:
(a) these terms and conditions;
(b) the No Meat May Privacy Policy;
(c) policies, notices and disclaimers displayed elsewhere on the No Meat May Website; and
(d) the Payment Terms.
3. Our Agreement governs our relationship with:
(a) registered participants of No Meat May (we call you Participants); and
(b) people who make donations (Donors) through the No Meat May Website (Donations), place an order for any purchase through the No Meat May Website (Purchase Order), or otherwise access or use the No Meat May Website (together, we call you Website Users).
Our Agreement also governs the relationship between Participants and any companies and brands who may sponsor No Meat May (we call them Partners).
4. If you are a Participant you agree to Our Agreement at the time you create an account with us.
5. If you are not a Participant but you make a donation, are a Donor or place a Purchase Order or you are otherwise a Website User, you agree to Our Agreement at the time you access and use the No Meat May Website (including to make a Donation or place a Purchase Order). You enter into a separate agreement each time this occurs.
6. It is your responsibility to ensure that you understand and agree to Our Agreement. You must read these terms and conditions carefully. Some of the terms used in Our Agreement are defined throughout these terms and conditions or at the end.
7. If you are a Participant, you must read and agree to Our Agreement before you tick the accept box.
8. If you are not a Participant you must read and agree to Our Agreement before you proceed at any time to access and use the No Meat May Website (including to make a Donation or place a Purchase Order).
9. If you do not agree to any term or condition of Our Agreement (including any disclaimer displayed elsewhere or the Payment Terms) you must not continue to:
(a) have an account as a Participant;
(b) make any Donation;
(c) place any Purchase Order; or
(d) otherwise access or use No Meat May or the No Meat May Website.
10. If you have any questions or wish to clarify any term in Our Agreement, please contact us at contact@nomeatmay.org

11. We can change Our Agreement so long as we provide you notice through the No Meat May Website. You should regularly check the No Meat May Website for this purpose.

12. We can make changes for legal or administrative reasons upon notice effective immediately. Otherwise, we will give you a minimum of three days notice. We may give this notice by posting the notice on the No Meat May Website, or by contacting you directly.

13. If you disagree with any of these changes, you must immediately discontinue being a Participant, making any Donation or placing any Purchase Order, or otherwise accessing and using the No Meat May Website. If you continue to do so this will signify your agreement to the new or amended terms of Our Agreement.

14. To be a Participant you must open an account with us. In creating your account you must provide us with, amongst other things, a current e-mail address, your residential postcode, and your full name. You may also choose to provide us with your telephone number and full residential address and other information.
15. It is your responsibility to act responsibly as a Participant.
16. You must keep your account information up to date with us. We require this to be able to identify you, to contact you as permitted under Our Agreement and for security purposes.
17. If you choose to use a workplace email address for your account or to access the No Meat May Website, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
18. If you allow someone else to use your account, you are liable under Our Agreement for any act or omission by them which may breach Our Agreement.

19. The privacy of all Participants and Website Users is very important to No Meat May. We collect, use, handle and disclose your personal information in accordance with applicable laws and our Privacy Policy (located at https://www.nomeatmay.org/privacy), including for the purposes of providing the No Meat May Website, processing donations and conducting our business. If we request information and you decide not to provide us with the information, we may not be able to provide you with some or all of the services you have requested. 
20. You acknowledge and agree:
(a) that we may collect, store, and use your personal information as set out in the Privacy Policy, Our Agreement, any privacy notices that No Meat May provides to you during your use of the No Meat May Website and otherwise as permitted or required by law; and
(b) that Your Content which you share or post on or make available to the No Meat May Website will be publicly viewable. You should exercise discretion in deciding what content and information you upload to the No Meat May Website.

21. If you are a Participant, you agree that we may contact you through your account details in relation to your participation with No Meat May.

22. If you make a Donation or place a Purchase Order, you agree that we may contact you through your contact details which you provide at the time of making a Donation or placing the Purchase Order in relation to your donation or purchase.

23 You agree that our main form of communication with you will be by email or through the No Meat May Website. If you provide us with a telephone number, you agree that we may contact you through that number also.

24. With your consent or where otherwise permitted by law, we may send you certain communications from us or third parties in relation to marketing, news about No Meat May, or other information available from time to time. These communications may be in the form of emails, phone calls, SMS messages, or other means. You may opt out at any time if you no longer wish to receive such messages. You can make this request by clicking on an unsubscribe link in an email you receive from us, via the "Account Settings" on the No Meat May Website or by contacting contact@nomeatmay.org Note that unsubscribing via SMS will only unsubscribe you from receiving marketing via SMS messages, but not emails/calls.

25. No Meat May is based in Australia. Access to the Content of the Site may not be legal by certain persons or in certain countries. 

26. Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

27. If you are a Participant or access or use the No Meat May Website from a location outside Australia you do so at your own risk and you are solely responsible for, and assume all responsibility for, compliance with local laws.

28. We will make No Meat May and the No Meat May Website available in accordance with Our Agreement but do not guarantee any level of or any availability of the No Meat May Website. You agree to the disclaimers and limitations of our liability as set out in clauses 60 to 68.
29. Where required by law, we will notify you and relevant authorities in the event of a serious security breach that affects your personal information.

30. We understand the importance to you of Your Content. Under Our Agreement, as between us and you, you own Your Content.
31. In order for us to make No Meat May available in our desired format and structure and for us to provide the functions we wish on the No Meat May Website, we must be able to use certain types of Your Content in certain ways. Therefore, you give us non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify or adapt the intellectual property in Your Content to:
(a) enable you to share Your Content on the No Meat May Website;
(b) share Your Content on the No Meat May Website and through emails or SMS with other Participants or donors;
(c) enable you to access and use the No Meat May Website;
(d) make and distribute marketing material in relation to No Meat May which includes Your Content at anytime (including after Our Agreement is terminated);
(e) back up the data on the No Meat May Website;
(f) ensure your compliance with Our Agreement; and
(g) comply with any obligation we have under in relation to No Meat May, the No Meat May Website and/or Your Content.

32. You provide us with consent under any moral rights you have in Your Content to do any of the above.
33. When you remove Your Content it may persist in backup copies on our systems for a reasonable period of time but will not be available to others.

34. We have worked very hard to develop and build No Meat May and the No Meat May Website so it can be available and useable by you. You acknowledge and agree that, as between you and us:

(a) we are the owner of copyright and all other intellectual property in any content available or provided through No Meat May and the No Meat May Website other than Your Content; and

(b) the No Meat May Website (and any modifications, adaptations, updates or new versions) is and embodies customised architecture, guided forms, processes, methods, activities, strategies, trade secrets, know how, and techniques and other ideas which are our intellectual property and must only be used by you in accordance with Our Agreement.

35. We give you the following licence in relation to the No Meat May Website but you cannot access, use or exploit the No Meat May Website outside this licence. While you have the right to access and use the No Meat May Website, we authorise and license you on a non-exclusive, non-transferable basis to use the No Meat May Website in accordance with Our Agreement. You are not permitted, and have no licence to, use, reproduce, modify or adapt any software on (or used by) the No Meat May Website. You are not authorised, and have no licence, to use our registered or unregistered trademarks unless we provide you with express permission in writing to do so.

36. You must ensure you have all necessary intellectual property rights and other rights to Your Content before you post on or make available to the No Meat May Website.

37. You must not use, reproduce, modify, adapt or exploit other people's content provided through No Meat May or posted to or made available on the No Meat May Website unless they give you express permission to do so.

38. We want to keep all content and information shared through No Meat May and on the No Meat May Website appropriate and in compliance with relevant laws and legal obligations and we need to protect the rights and safety of all Participants and Website Users. We also need to protect the security and integrity of No Meat May and the No Meat May Website. We need your help in order to do this. So, you agree that:
(a) if you are a Participant, make any Donations or place any Purchase Orders you will comply with all applicable laws in doing so;
(b) you will comply with all applicable laws in relation to your access to and use of the No Meat May Website (including but not limited to duties and obligations of confidentiality and privacy);
(c) you will not send or otherwise post unauthorised or unsolicited commercial communications to users (such as spam) through No Meat May or the No Meat May Website;
(d) you will not directly promote or advertise any goods or services through No Meat May or the No Meat May Website without our consent;
(e) you will not use No Meat May or the No Meat May Website to do anything unlawful, misleading, malicious, or discriminatory;
(f) you will not use No Meat May or the No Meat May Website in a way, or post to or make available via No Meat May or the No Meat May Website any material, which interferes with other users or defames, intimidates, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying No Meat May or the No Meat May Website or which is indecent, violent, inflammatory or pornographic material or material in any way offensive that could give rise to civil or criminal proceedings;
(g) you will not solicit or collect other peoples information through No Meat May or the No Meat May Website, or otherwise access the No Meat May Website using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(h) you will not tamper with, hinder the operation of, or make unauthorised modifications to the No Meat May Website;
(i) you will not knowingly transmit any virus or other disabling feature to or via No Meat May or the No Meat May Website;
(j) you will not frame or mirror or link to any part of the No Meat May Website without our prior written consent;
(k) you will not post content or take any action on the No Meat May Website that infringes someone else's rights;
(l) you will not attempt any of the above acts or permit another person to do any of the above acts.
39. You are solely responsible for Your Content that you provide to or make available on the No Meat May Website.
40. You must immediately notify us if you become aware or have a reason to believe any other Participant or Website User is doing any acts that contravene clause 37 above

41. We need your help to protect your security as a Participant. You therefore agree to do the following:
(a) you will not provide any false personal information to No Meat May or on the No Meat May Website, or create an account for anyone other than yourself without permission;
(b) you will notify us immediately if the security of your account has been compromised or if your identification details for your account become known by a third-party; and
(c) you will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.

42. The No Meat May Website may contain links to websites owned, operated or hosted by third parties (Linked Websites). Links to Linked Websites are provided for convenience only and may not remain current or be maintained.
43. Links to Linked Websites, and the advertisement of any third parties, should not be construed as any endorsement, approval, recommendation, or preference by No Meat May of them or their goods/services. To the extent permitted by law, we take no responsibility and have no liability in relation to them and your use or reliance on these is at your own risk.

44. We take your obligations very seriously, so if we believe you have violated Our Agreement, or otherwise create possible legal exposure for us, we can (in our absolute discretion):
(a) conduct risk management, cyber security or fraud protection activities to investigate your violation and mitigation the impact of your violation;
(b) stop providing the No Meat May Website to you (including preventing you from making a Donation or placing a Purchase Order);
(c) remove (including destroy) any of Your Content;
(d) suspend, disable or terminate your account with No Meat May (if you are a Participant); and/or
(e) terminate Our Agreement.
We can undertake these acts immediately. We will endeavour to notify you as soon as possible if we undertake any of the actions in paragraphs (b) to (e) of this clause 44.
45. If, after receiving a notice from us under clause 44, you believe we undertook any acts under clause 44 by mistake, we will use reasonable effort to give you an opportunity to provide us with an explanation or reason as to why and we will consider your explanation or reason.

46. We may terminate Our Agreement, your account with No Meat May (if you are a Participant) or end your access to or use of the No Meat May Website at any time without any reason on reasonable notice to you.
47. You may terminate Our Agreement and, if you are a Participant, your account with No Meat May at any time without any reason by notice to us. 
48. Clauses 18, 19, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 45, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 and any other clauses which are express to (or by their nature) survive termination, will still apply after termination of your account and/or Our Agreement. Termination of Our Agreement does not affect your or our rights or liabilities that have accrued prior to the date of termination.

49. We try to keep the No Meat May Website up, bug-free, and safe and secure, but the No Meat May Website is provided on an "as is" and "as available" basis, and you use it at your own risk.
50. We do not undertake that we will, at all times, control or monitor the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability any content, information or communications by Participants or Website Users via No Meat May or the No Meat May Website. You use and rely on any such content, information or communications at your own risk, and acknowledge that it is provided "as is".
51. You must provide at your own expense, all hardware, software or any other equipment necessary to access the Internet or otherwise enable you to be a part of No Meat May as a Participant or access or use the No Meat May Website. The ability for you to be a part of No Meat May as a Participant or access or use the No Meat May Website will be dependent on your hardware, software and network infrastructure as well as shared infrastructure of the Internet and our security processes.
52. The Internet is sometimes unreliable and is a difficult medium to secure. We cannot guarantee the security or availability of No Meat May or the No Meat May Website or the systems (including the Internet and your hardware and software) used to access the No Meat May Website, or any information that passes through such systems. However, we do agree to use all reasonable endeavours to ensure the security of No Meat May or the No Meat May Website in accordance with our obligations at law.
53. To the extent permitted by law, we are not responsible for any unauthorised access to your personal information or loss of or corruption of data caused by any third-party or via any third-party system. This does not restrict, modify or exclude any statutory rights or remedies you may have in relation to such claims which cannot be lawfully excluded or modified, including any rights and remedies under the Australian Consumer Law or applicable privacy laws.
54. We may need from time to time to make the No Meat May Website unavailable and/or withdraw or limit access to the No Meat May Website in order to effect changes to, remedy any faults in, or conduct maintenance on the No Meat May Website.

55. You acknowledge that we do not charge any fee for you to use No Meat May or the No Meat May Website, and agree that our liability in connection with No Meat May and the No Meat May Website is limited in accordance with clauses 55 to 63 of these Terms and Conditions (and otherwise in accordance with the terms of Our Agreement).

56. Nothing in Our Agreement is intended to exclude, restrict or modify the application of any applicable statutory consumer protections (including any rights and remedies you may have under the Australian Consumer Law or applicable privacy laws). In respect of any conditions, warranties and guarantees which cannot be excluded under statute (including the Australian Consumer Law) but can be limited, to the extent permitted by law, the liability of No Meat May for a breach of such condition, warranty or guarantee is limited to any of the following (the choice of which is to be at No Meat May’s discretion, to be exercised reasonably):

(a) in the case of goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and

(b) in the case of services: (i) supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

57. To the extent permitted by applicable law (and subject to clause 61), we are providing No Meat May and the No Meat May Website "as is" and "as available", without any express or implied guarantees, warranties or conditions including, but not limited to, implied guarantees, warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

58. We cannot (and do not) guarantee that No Meat May or the No Meat May Website will be safe or secure.

59. To the extent permitted by applicable law (and subject to clause 61), we are not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. This includes that we provide no warranties and have no liability in connection with:

(a) your relationship with third parties regarding your participation or donations in relation to No Meat May;

(b) any loss or unauthorised access or use of Your Content, your information or account by a third-party; or

(c) the use or misuse of No Meat May and the No Meat May Website by a third-party.

60. To the extent permitted by applicable law (and subject to clause 61), we are not responsible for and have no liability in relation to:

(a) loss caused by factors which could reasonably be considered to be outside our control such as faults in third-party equipment;

(b) personal injury;

(c) death;

(d) loss of data;

(e) loss of profits, loss of revenue or loss of opportunity; or

(f) any special, incidental or consequential loss,

whether suffered by you or any other party and however so arising, including claims based in contract (including for repudiation), tort (including negligence), common law, equity, statute or otherwise whether in relation to your access to and use of the No Meat May Website, your participation in No Meat May, your purchases on the No Meat May Website or otherwise.

61. We are not responsible for, and have no liability in relation to, any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

62. To the extent permitted by applicable law (and subject to clause 61), you agree that the maximum cumulative liability of No Meat May Incorporated for loss or damage sustained by you under or in connection with Our Agreement, your participation in No Meat May or your use of the No Meat May Website (however arising, including in negligence) will not exceed AUD$100.

63. You must take reasonable steps to minimise the extent of the loss or damage you may suffer for which we may be liable. You must notify us in writing of such loss or damage as soon as is reasonably possible.

64. You must indemnify, defend and hold harmless No Meat May Incorporated, our officers, employees, and agents from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from:
(a) your breach of Our Agreement;
(b) Your Content;
(c) your infringement, of any intellectual property or other right of any person (including by our use and publication of Your Content);
(d) your fraudulent, wrongful or negligent acts or omissions; or
(e) your access to and use of the No Meat May Website other than in accordance with the terms of Our Agreement.

65. Our Agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
66. Our Agreement makes up the entire agreement between Participants and Website Users and us and supersedes any prior agreements.
67. If any portion of Our Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
68. If we fail to enforce any of Our Agreement, it will not be considered a waiver.
69. You will not transfer any of your rights or obligations under Our Agreement to anyone else without our consent.
70. All of our rights and obligations under Our Agreement are freely assignable by us.

Last modified on 1st Feb 2022