Membership Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE RE-GENERATION.COM PTY LIMITED ACN: 104 719 217 OFFERS YOU MEMBERSHIP AND HOW YOU USE THIS SERVICE. THROUGHOUT THIS AGREEMENT WE WILL REFER TO THE RE-GENERATION.COM PTY LIMITED AS “Company” AND THE MEMBERSHIP AS “Re Generation”

The Company bids you welcome to Re Generation. We seek your skills and talents to become part of the most powerful knowledge database in the country, a National Skills Base. This Agreement describes the terms and conditions that govern your use of our services at http://www.theReGeneration.com.au/ (the "Site"). If you have any questions, please refer to our Frequently Asked Questions.

You must read, agree with and accept all of the terms and conditions contained in this Membership Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may join the Company’s Re Generation. We strongly recommend that, as you read this Membership Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a member. Please note: underlined words and phrases are click-through links to these pages and websites.

By accepting this Membership Agreement, you also agree to be bound by the Membership Agreements and posted terms and conditions on the Company’s other websites to the extent that you use those websites.

We may amend this Agreement at any time at our discretion by posting the amended terms on our Site. The fact that amendments have been made to the Membership Agreement will also be notified on our Announcements Board. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our Site. If you do not agree with such changes, you must terminate your membership with the Company. This agreement is effective on your registration date.

Membership Eligibility.
Membership is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, membership is not available to persons under 18 years of age or to persons who have had their Re Generation membership temporarily or indefinitely suspended by the Company. If you do not qualify, please do not attempt to join our membership.
The Re Generation membership is personal to you. You may not sell, assign or otherwise transfer your membership (including details of any skills or talents offered by your membership (including feedback)) and/or User ID to any other person. Any attempt by you to sell, assign or transfer your membership will result in the immediately termination of your Re Generation membership by the Company.
Membership Fees.
The Company levies a fee to join the Re Generation membership and remain a member; the fee is levied annually in advance. Our individual Membership Levels and Membership Fee Policy is incorporated into this Membership Agreement by reference. We may change our Membership Fee Policy and the fees from time to time. Our changes to the policy are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the announcements board. As the Membership Fees are paid annually in advance, any changes to the membership fee does not take effect until your forthcoming anniversary date. However, we may choose to temporarily change our Membership Fee Policy and the fees for promotional events (for example, bulk joining fee from other organizations) and such changes are effective when we post the temporary promotional event on the announcements board. We may in our sole discretion change some or all of our membership offerings at any time. In the event we introduce a new membership level, the fees for that membership level are effective at the launch of the new membership offering. Unless otherwise stated, all fees are quoted in Australian Dollars. The Membership Fee you pay is non-refundable. You are responsible for paying your annual membership fee in advance. We will remind you thirty (30) days prior to your anniversary date and supply you with our payment address (at http://theReGeneration/membership-payments.html) You may increase your membership level at any time during the twelve (12) month currency of your membership by paying the additional fee quoted at that time. The Fees we quote are inclusive of all taxes.
You may terminate this Membership Agreement at any time by giving notice to Company. In the event of termination by you, you will not be entitled to any refund of any membership fees relating to the unexpired portion of your membership period.
The Company is not an Employer or Principal.
1. The Company is a Skills and Talents Broker. Your relationship with Company is as an independent contractor. You are not an employee of Company nor can you act as, or imply that you are an employee, agent or partner of Company should you supply your skills or talents to a buyer. We are not involved in the actual transaction between member and buyer. As a result, we have no control over the quality, safety or legality of the Skills or Talents posted by members on Site, the truth or accuracy of the member’s claims, the ability of the members or the ability of buyers to pay for the service offered. We cannot ensure and do not guarantee that a member or buyer will actually complete a transaction or act lawfully in using the Site.
2. Safe Trading. Because user authentication on the Internet is difficult, Company cannot and does not confirm each members or buyer’s purported identity. Thus, we have established a user-initiated feedback system to help buyers evaluate the Member. As in all good marketing, we encourage you to have buyers of your skills and talents post testimonials as you complete your services. As a member you are entitled to report adverse or inappropriate Buyer behaviourl. These reports are available to other members within the geographic area where services were performed. The Company’s security team will take action where repeated breaches of our terms and conditions occur.
3. Release. Because we are not involved in the actual transaction between members and buyers, in the event that you have a dispute with one or more buyers, you release Company (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of whatever nature and Company will have no liability to you arising out of such claims.
4. Information Control. During your membership, we will send you communications and notices regarding your membership and related activities and information. Our communications do not represent any endorsement, guarantee or legitimisation of your skill or talent offering. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other members or buyers which are made available through our system. You may find other members' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. Additionally, there may also be risks with international trading and dealing with foreign nationals.
Skill Listing and Performance.
1. Listing Description. You must be over 18 years of age and legally able to provide the skill or talents you list on our Site. Persons under the age of 18 may provide skills and talents under the direct supervision of a parent or guardian, with said parent or guardian acting as the principal and guarantor. The combination of the skills and talents that you provide, forms your Skills Signature® in our site, you may encounter this term in other information that we provide. There are certain skill categories that may require us to remind you to check with the relevant State or Federal authorities, should you nominate one of these categories. The requirements may differ depending in which State you reside. Company will supply you with some information and some relevant web sites where you may obtain further information, we do not contend this information is complete or exhaustive in nature, you should make your own enquiries as required. We supply this information as a courtesy, and to assist you in presenting yourself in the most competitive way. Buyers will see the same information to assist them in making a selection. Where you are able to obtain documentation from organisations that support your skills you should include this either in the skills description area or in the Licences section. Against each skills selection you may enter a text description of your attributes with this skill, while this may be construed as advertising, all claims must be factual and able to be performed by you. As a member you are prohibited from using offensive words/language in the text.
2. Past Experience. You may supply a summary representing your Past Experiences with your skills and talents. You may decide to only include your vocational skills or a complete summary of all skills and talents, or perhaps only your skills and talents. You may choose to make your list of Past Experiences available to buyers at all times or only to selected buyers. If you choose the latter, then Company will not release your list of Past Experiences, we will advise you of the Buyer’s request and you will need to access the system to release your Past Experiences to the selected buyer. As a member you are prohibited from using words or language which would be offensive to the general public.
3. Fraud. Without limiting any other remedies available to Company at law, in equity or under this Agreement, Company may, in its sole discretion, immediately suspend or terminate your membership if we suspect that you (by conviction, settlement, insurance investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site.
4. Third Party’s Intellectual Property Rights. You are not allowed to list skills or talents that if performed, would infringe the intellectual property rights of a third party and you indemnify us against any claim that your use of the Site or the services of Company infringe the intellectual property rights of any third party anywhere in the world in accordance with Clause 12 of these terms.
Your Information.
1. Definition. "Your Information" is defined as any information you provide to us when you register as a member or at any time during your membership if you update details on your membership file. Your Information includes the descriptions of skills and talents you wish displayed on our Site as well as any content you post on other web pages within our Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
2. Restrictions. Your Information (including but not limited to any items listed) must not:
  1. be false, inaccurate or misleading;
  2. be fraudulent;
  3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);
  5. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
  6. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, refer to our help topic on Appropriate behaviour.
  7. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au or http://www.aba.gov.au) ;
  8. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
  10. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or you do not have a right to link to or include
3. License. Solely to enable Company to use the information you supply us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Company will only use Your Information in accordance with our Privacy Policy
Access and Interference.
Our Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Company by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of Company or the appropriate third party authorised to grant such permission.
Feedback.
You may not take any actions that may undermine the integrity of the feedback system by supplying information that you know to be false. If you earn a net feedback rating of -5 (minus five), your membership will be immediately suspended, and you will be unable to list your skills or talents. Should this occur, you will not be entitled to any refund of your membership fee for the remaining period of the annual membership.
1. Export. You acknowledge that feedback on you consists of comments left by Buyers. Because feedback ratings are not designed for any purpose other than for facilitating trading between yourself and prospective buyers, you agree that you shall not market or export feedback rating in any venue other than Company Site.
Breach.
Without limiting other remedies available to Company at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
1. you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
2. we are unable to verify or authenticate any information you provide to us; or
3. We believe that your actions may cause legal liability for you, members, buyers or us.
Privacy.
Company has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member..
No Warranty.
1. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.
2. To the extent that Company and all affiliates and related entities are able to limit the remedies available under this Agreement, and subject to Clause 12 of this Agreement, Company and all affiliates and related entities expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the refund of membership fees proportionately from your last anniversary date.
Liability Limit.
1. IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT COMPANY AND ALL AFFILIATES AND RELATED ENTITIES HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
  1. THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND
  2. AUD$45.
2. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of Company and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation. To the extent that any warranty or condition cannot lawfully be excluded, Company’s liability for breach of any such warranty or condition is limited to repair or re-supply of goods, re-supply of services or payment of the cost of same.
Indemnity.
You agree to indemnify and hold us and (as applicable) our related bodies corporate, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance.
You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service and your provision of skills or talents, solicitation of offers to use your skills and talents by a buyer. Specifically, you must ensure that your activities, skills, Talents you list, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth) , the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful YOU ALONE, AND NOT COMPANY, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.
Parental Control Protections.
Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to persons under the age of 18 years. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of WorldVillage.com's Internet site, services, or policies. The Company is not affiliated with WorldVillage.com.
Notices.
Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to the-Re Generation.com Pty Limited, Clayton Utz Level 34, No. 1 Spring Street, Sydney NSW 2000 Australia, or to the email address you provide to Company during the registration process (in your case). Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to Company during the registration process, or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
Arbitration.
Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.
Additional Terms.
The following documents contained in Clause 18 below are incorporated into this Membership Agreement by reference, and you agree to be bound by the terms and policies outlined in these documents. Any changes to the policies set out below will be notified on our Announcements Board
Directory of Links
1. Privacy Policy We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting the changes on the Announcement Board and sending email to users who select such notification.
2. Outage Policy. We may change our Outage Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the Announcement Board.
3. Our Prohibited, Questionable & Infringing Skills and Talents Policy We may change the Prohibited, Questionable & Infringing Skills and Talents Policy from time to time and our changes are effective after we provide you with notice of the changes by posting the changes on the Announcement Board.
General.
This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All members of this Site irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Company in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement may not be construed adversely against us solely because we prepared it. This Agreement and the terms and conditions incorporated herein set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Membership Fees) with respect to fees required to join the Re Generation, 3.3 (Release), 5.3. (License), 6 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Arbitration) shall survive any termination or expiration of this Agreement. Should you require information from Company regarding our services or would like to report any matter in relation to our service, you may do so at our support desk. We encourage you to try and resolve disputes with buyers directly with them, and to use a certified mediation or arbitration entity or report disputes to your local police or law enforcement agency as appropriate.