TERMS AND CONDITIONS

Welcome to MECCA M-POWER, a social change movement that exists to champion equality and opportunity for women and girls.

MECCA M-POWER is a platform which:

  • provides individuals with information on our M-POWERED Collective affiliates and how to get involved; and
  • amplifies the cause and work of our M-POWERED Collective affiliates.
MECCA M-POWER is not a charity and we provide this site as a platform to showcase individuals and organisations (including charities) working to advance equality and opportunity for women and girls.

GENERAL

MECCA Brands Pty Ltd (MECCAweus or our) provides the MECCA M-POWER website at www.m-power.mecca.com (the Site). These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on the Site and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Site, our related websites and social media channels, and any products and services provided therein, regardless of your means of access.

We encourage you to read the Terms and consult our FAQS section at
www.m-power.mecca.com/faq, or email us at m-power@mecca.com.au if you have any particular questions in relation to the Terms or the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agreed to the Terms.

If you access and use any part of the Site on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.

APPLICABLE LAW

The Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.

MODIFICATION

We may modify or remove any part of these Terms, or content of the Site, at any time without notice. Any changes are effective immediately upon posting to, or removal from, the Site. Your continued use of the Site thereafter constitutes your acceptance of any changes to the Site or Terms. If you do not agree to any change, then you must immediately stop using the Site.

You should read the Terms before making a donation online and check back often for any changes. Any changes made after you have made a donation will not affect that donation, unless we are required to make the change by law.

We do not promise to continue to offer or maintain the Site. We may, at any time and without prior notice to you, withdraw the Site from use and terminate any or all of the rights granted by the Terms.

MAKING DONATIONS

MECCA does not receive or collect any donations made on or via the Site. All donations made by users of the Site are received directly by the relevant M-POWERED Collective organisation (and not MECCA).

M-POWERED Collective organisations accept donations made via the Site and these are currently:

You may donate to any of these M-POWERED Collective organisations via the relevant organisation page on the Site. We encourage you to familiarise yourself with the M-POWERED Collective and each organisation’s cause before donating.

To donate to an M-POWERED Collective organisation, you must: 

  • be aged 18 years or over, or have parent or guardian consent to donate; and
  • provide your personal and payment details, including your full name, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Payment Details’ section.

Please refer to our Privacy Policy for further information about how we use your personal information.

Transaction fees apply to each donation, which you have the option to cover. Donations are displayed in Australian Dollars (AUD) on the Site. Donations are not subject to GST.

For further information about MECCA M-POWER and your donation to M-POWERED Collective organisations, please visit our FAQs page here.

INTELLECTUAL PROPERTY RIGHTS

In this document:

  • Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
  • Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.

The Site, Content and all Intellectual Property Rights comprised in the Site and Content are owned by MECCA, or in some cases, our affiliates, partners, related bodies corporate, M-POWERED Collective organisations or licensors. The Intellectual Property Rights may be protected by Australian and international laws.

You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright Act 1968 (Cth).

Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited. Without limiting the foregoing, you are permitted to make 1 copy of the Content for your personal use.

MECCA makes no representations or warranties about whether your use of the Site or Content will, or will not, infringe any Intellectual Property Rights, including those of MECCA, our affiliates, partners, M-POWERED Collective organisations, licensors or any third party.

LIMITED LICENCE

We grant you a limited, revocable, and non-exclusive licence to access the Site for your personal use. This limited licence does not permit, and you are, therefore, restricted from:

  • framing or utilising framing techniques to enclose the whole or any part of the Site;
  • publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Site or Content (except caching or as necessary to view the Site);
  • making any use of the Site or Content other than for personal use;
  • modifying, reverse engineering or creating any derivative works based upon the Site or Content;
  • collecting account information for the benefit of yourself or another party;
  • using any meta tags or any other "hidden text" utilizing any Content; or
  • using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

Any unauthorised use by you of the Site or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to MECCA under applicable laws or the Terms.

REPRESENTATIONS AND WARRANTIES

We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:

  • we do not warrant that information contained on the Site or in the Content, including any product or service descriptions is accurate, complete, reliable, current, or error-free;
  • MECCA takes no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the Content; and
  • the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including warranties of merchantability, non-infringement or fitness for a particular purpose.

MECCA does not promise that any part of the Site or Content is error-free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

Nothing in the Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Site or Content; or (f) events beyond our reasonable control.

Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or its Content, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed AUD$100.

INDEMNITY

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of the Terms;
  • any breach or inaccuracy in any of your representations or warranties; or
  • your use of the Site or Content.

NO COMMERCIAL USE

The Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site. You may not use the Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

USE OF INFORMATION

If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Site, you:

  • agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;
  • consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and
  • agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach the Terms;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any User Content; or
  • encourages or incites any other person to engage in any of the above behaviour.

THIRD PARTY SITES

We may include hyperlinks on the Site to other websites, platforms or resources operated by third parties, including the MECCA M-POWERED Collective organisations (Third Party Sites). MECCA is not responsible for the content or accuracy of any Third Party Sites linked to or from the Site, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MECCA.

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.

RELATIONSHIP

No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.

FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

NO WAIVER

Any failure to enforce any of our rights does not constitute a waiver of those rights.

SEVERABILITY

Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.

CONTACT

If you have any questions regarding these Terms and Conditions, please Contact Us.

M-POWERED BY THE DAILY AUS