Terms & Conditions

Terms of Use

Dream Fuelling

 

1. Agreement

(a) These terms and conditions (the Terms) govern the involvement in the ‘Dream Fuelling’ collective (the Collective), the website relating to the Collective (the Website) and any social media platforms linked to the Collective (the Socials) by you, being any entity who participates
in the Collective, is a member of the Collective, uses the Website or the Socials or who otherwise receives any Deliverables (as defined in clause 3(c)).

(b) You agree and acknowledge that the Collective is run by Mark James Bowness Pty Ltd (ACN 169 526 407) (us/we) and that, by participating in or otherwise using the Collective, the Website, the Socials or by receiving any Deliverables (whichever occurs first), you warrant that you have read and understood these Terms and you agree to be bound by these Terms
from that time until the time that these Terms are terminated in accordance with clause 13.

(c) You acknowledge that you must also comply with any policies displayed on the Website or the Socials or as otherwise advised by us from time to time (the Policies). You agree that the Policies form part of these Terms, except to the extent of any inconsistency between the Terms and the Policies, in which case these Terms shall prevail (unless expressly stated otherwise in
the Policies).

2. ‘Dreams’

The purpose of the Collective is to receive the ambitions, goals and wishes (collectively, Dreams) from
members of the Collective (Dream Igniters) and to encourage other members of the Collective (Dream
Army) to perform acts to facilitate the fulfillment of, or assistance with, the Dreams. The members of
the Collective comprise both the Dream Igniters and the Dream Army (Members).

3. ‘Dream Igniters’

If you are a Dream Igniter, you agree and acknowledge that:

(a) you may send us your Dream through the form on the Website (or in any other manner approved by us in writing);

(b) we may send the details of your Dream out to our Dream Army , in order to ascertain whether any of those Members can assist you achieve your Dream;

(c) Dream Army Member/s may offer to provide you with certain services and/or products (collectively, the Deliverables), in their discretion, in order to assist with your Dream;

(d) we may introduce you to any Dream Army Members who volunteer to assist with your Dream, if and when we believe that we have located Dream Army Members to fulfil your entire Dream;

(e) you may elect whether to receive the Deliverables and any requirements that you have for the Deliverables, in your discretion;

(f) if you and a Member agree to the terms of a Deliverable that they offer to supply to you, then you may (but we do not guarantee that you will) receive the Deliverable from that Member;

(g) you shall be solely entitled to elect whether to receive the Deliverables and solely liable and responsible for yourself and any other entities who receive any Deliverables or who you expose or introduce to Members as part of your Dream (Participants); and

(h) we will be entitled to note your Dream as ‘fulfilled’ (and to market or promote this, in our discretion) once you have received any Deliverables for your Dream.

4. ‘Dream Fuellers’

If you register to form part of the Dream Army, to assist with Dreams, you agree and acknowledge that:

(a) we may email you (or contact you by other means, acting reasonably) the details of Dreams that we receive;

(b) if you believe that you can assist with a Dream, you may advise us of this and provide us with any information and documentation that we request, acting reasonably, in order to assess your ability to assist with the Dream;

(c) we may introduce you to a Dream Igniter if we determine, in our discretion, that you may be able to assist with their Dream;

(d) if we introduce you to a Dream Igniter, you may advise the Dream Igniter which Deliverables you are able to supply and it is up to you to elect whether to agree to provide any Deliverables; and

(e) if you agree to supply the Deliverables to a Dream Igniter, you must supply the Deliverables to that Dream Igniter, at your own cost, with due care and skill and in compliance with all rules, regulations and laws relating to the Deliverables (and keep any required permits, licences and insurances, in accordance with requirements and best industry standards);

5. No Fees

(a) You agree and acknowledge that the Collective is intended to provide a platform for Dream Army Members to offer to assist with Dreams, free of charge, to Dream Igniters. You must not use the Collective as a forum to charge, or attempt to charge, other Members for Deliverables.

(b) Notwithstanding clause 5(a), the Dream Igniter and the Member providing the Deliverables (collectively, the Dream Parties) may agree to reasonable terms relating to the supply of Deliverables, depending on the nature of the Dream and whether any third party costs are payable in relation to a Deliverable. The Dream Parties must act honestly and in good faith in
their dealings with each other, at all times.

(a) We do not condone, nor will we be liable in any way, if Dream Parties agree to certain payment terms for Deliverables or if any other Claim arises as a result of the Deliverables. The Dream Parties alone are responsible for such matters and hereby hold harmless, release, waive, and
covenant not to assert against, us or our Related Entities or Associates (as those terms are defined in the Corporations Act 2001 (Cth)) any claims, demands, losses, damages, proceedings, compensation, costs, charges, expenses and liabilities (Claims) that arise if the Dream Parties in respect of such matters.

6. Information

You agree and acknowledge that:

(a) the information that we collect from Members includes name, email address, dream details and potential services/goods that they can supply (the Information);

(b) we may use your Information to send you communications regarding Dreams and the Collective;
(c) we may share your Information and the details of your Dreams with our Dream Army, contractors or other relevant third parties, in order to attempt to assist with certain Dreams;

(d) in the event that you obtain the Information of any Member or Participant, you must keep such Information confidential and must only use the Information for the purpose that it was disclosed to you for and for your legitimate involvement in the Collective and for no other purpose; and

(e) we do not provide, or facilitate the provision of, any ‘health services’, nor do we collect, or approve the collection of, ‘health information’ or ‘personal information’ (as all of those terms are defined in the Privacy Act 1988 (Cth) (the Privacy Act)); you should not provide us with any such information and, in the event that you do provide such information, you warrant that you
have freely chosen to do so and allow us to use such information in the manner outlined in clause 6(c) and you release us from all Claims arising from your provision of such information to us.

7. Safety

(a) You must take adequate steps to ensure, and agree that you are solely responsible for ensuring, the safety, health and mental and physical wellbeing of yourself and your Participants whilst participating in the Collective and receiving any Deliverables. You hereby hold harmless, release, waive, and covenant not to assert against, us or our Related Entities or Associates
from and against any Claims in respect of any injury, death, theft, damage or loss to you, any property or your Participants, arising in relation to the Collective.

(b) We are unable to guarantee the accuracy or validity of any information provided by Members. If you are introduced to a Member or otherwise contacted by a Member, you must conduct your own checks and assessments in order to ascertain whether you would like to interact with the
Member, and to what extent. We are not responsible for or at all liable for your dealings with Members.

(c) Whilst we do not encourage Members to meet in person (or to provide any personal information, including addresses or phone numbers), we understand that, in the course of assisting with certain Dreams, this may be unavoidable. If this is the case, we strongly urge you to take adequate steps to verify the identity of Members and to interact in a safe, responsible and cautious manner.

8. Intellectual Property

(a) You agree that we (or our Related Entities or Associates) own all intellectual property rights relating to, or otherwise arising out of, the Collective, the Website, the Socials and any Deliverables that we provide, including the mark ‘Dream Fuelling’ (and related marks), the Information and intellectual property rights, trade marks, copyright, designs, patents, know how, trade secrets, rights in images, documents, systems, domain names, websites, social
media accounts and content, software, applications, data, technical data, specifications, codes, usernames and passwords, internet addresses, information technology systems, research and development information, licenses, permits, products, brands, services, moral rights, designs,
inventions, current and future, irrespective of whether these items or rights are registered or capable of registration, and which arise by operation of contract, legislation, common law or equity (the Intellectual Property).

(b) Nothing in these Terms is intended to be construed as granting you any goodwill or ownership rights in the Intellectual Property, which is the exclusive property of us or our Related Entities or Associates. In the event that you are deemed the owner or author of any intellectual property that is derived from, or otherwise related to, the Intellectual Property, then you hereby assign to us the ownership in any such intellectual property.

(c) You agree that you will not, without our prior express written consent, alter, store, adapt, modify, recreate, reproduce, copy, imitate or use in the same or a deceptively similar fashion, or make derivative works from, or distribute, broadcast or display, any of our Intellectual Property, in whole or in part, or attempt to pass of any component of the Intellectual Property as your own intellectual property. You must not use our Intellectual Property for any purpose other than its intended purpose (as determined by us) and you must not use any data mining, robots or similar data gathering or extraction methods with respect to Intellectual Property.

9. You                                                        

9.1 Obligations
At all times during your involvement with the Collective (which includes all interaction with the Website, the Socials, us and Members), you:

(a) warrant that you are over the age of 18 and are otherwise able to enter into these Terms and have elected to use participate in the Collective of your own free will and at your own risk;

(b) must provide us and other Members with accurate, complete and up-to-date information;

(c) must interact with us, our representatives, contractors and employees, and other Members and Participants in a professional, polite, respectful and courteous manner;

(d) must act with due care and skill when providing any Deliverables and must comply with all rules, regulations and laws including, but not limited to, the Privacy Act;

(e) must use the Website, the Collective and the Socials only for their intended purpose (as determined by us);

(f) must promptly report to us, in writing, if you believe or discover that a Member is breaching these Terms or otherwise acting inappropriately;

(g) acknowledge that your use of the Collective, the Website and the Socials may result in data usage charges from your mobile or internet provider and your access is subject to your internet connection and access to a computer, which we are unable to guarantee or control; and

(h) agree that, in the event that an account on the Socials is created in the name of a corporate entity, then these Terms are enforceable against that entity and the individual who creates the account and/or participates in the Collective on the entity’s behalf, which individual enters into these terms as personal guarantor for the corporate entity.

9.2 Restrictions

You must not, at any time:


(a) use the Collective, Website, Socials, Dreams or Deliverables to conduct, facilitate or otherwise engage in any illegal, immoral, dangerous, offensive, negative, damaging, misleading, deceptive or noxious activity or undertaking;

(b) harass, abuse, intimidate, stalk, threaten, bully, defame or otherwise offend us, any Member or any other participants in the Collective or otherwise deal with them in an illegal, defamatory, inappropriate, offensive or inappropriate manner;

(c) use the Collective, Website, Socials, Dreams or Deliverables to infringe a third party’s intellectual property, or other, rights;

(d) mislead or deceive, or attempt to mislead or deceive, us or any Members;

(e) allow any other entity to use your account on the Socials or otherwise participate in the Deliverables on your behalf, except with our prior written consent;

(f) post, transmit or distribute anything which has the potential to cause technical damage to the Website, Socials, us or any Members (include any virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful);

(g) send unsolicited advertising, promotional material, spam, chain letters, pyramid schemes or other inappropriate content to us or any Members;

(h) reverse engineer, decompile or dissemble any part of the Website or the Socials or hack into any aspect of the Website or our business and/or corrupt any data (including by phishing, accessing hidden URL’s, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to);

(i) make disparaging remarks about, or do anything that may be detrimental to, us or our business;

(j) use the Collective, Website, Socials, Dreams, Deliverables or the Intellectual Property in any way that could damage us or our reputation or the goodwill or other rights associated with the Intellectual Property; or

(k) assign your rights and obligations under these Terms, in whole or in part, without our prior written consent (in this regard, you agree that any unauthorised assignment shall be deemed null and void).

10. Us

You agree and acknowledge that we:

(a) have no obligations to fulfil, reply to, make introductions relating to, or take any other actions in respect of, Dreams (and neither do any of our Members);

(b) have no legal obligations whatsoever arising out of these Terms or otherwise relating to the Collective, the Website, the Socials and Dreams;

(c) may, if we elect, introduce you to other Members or entities in respect of your Dream, in which case you acknowledge that we make no guarantees regarding whether your Dream may be fulfilled and we are not liable for any Claims whatsoever relating to your dealings with Members and other third parties;

(d) may share or otherwise use images, content or data relating to the Collective, the Deliverables,
the Dreams or your participation in the Collective, on our website, social media, marketing materials or otherwise, as determined by us in our discretion (and you acknowledge that this forms part of our Intellectual Property);

(e) make no guarantees regarding any third party materials or information that you access and/or use through the Collective or on the Website or Socials;

(f) may, in our absolute discretion and without notice to you, undertake an assignment, novation, merger or acquisition to or with a third party in relation to all or any of our rights, interests, obligations and/or liabilities in these Terms;

(g) may share or run advertisements and promotions in the Collective or on the Website or the Socials, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of such advertisements or promotions;

(h) may elect, in our absolute discretion, to offer to perform Deliverables for a Dream, in which case:

(i) we may impose any limitations on the Deliverables and we make no warranties regarding such Deliverables or whether they will fulfil any Dreams or otherwise be fit for purpose and you release us from all Claims relating to such Deliverables;

(ii) we may undertake any incidental or related services that we deem necessary or appropriate, in order to provide any Deliverables that we offer to provide (and that you accept that we provide, subject to our requirements);

(iii) we may subcontract, liaise with and/or engage any third parties as we
deem necessary in order to perform the Deliverables, in whole or in part;
(iv) if you use such Deliverables in any manner not approved by us (in writing), you will be liable to pay us any fees that we determine are fair and reasonable compensation for such deliverables; and

(i) may suspend or cancel your access to the Collective, the Deliverables, the Socials and/or the Website in the event that we believe that you have breached these Terms.

11. Our Dream Fund

(a) We may, in our absolute discretion, donate funds to assist with certain Dreams by funding certain Deliverables for those Dreams.

(b) You agree and acknowledge that:

(i) we may, in our absolute discretion, determine which (if any) Dreams and Deliverables we wish to offer to fund and the conditions that will apply to such funding, including the amount, duration, timing, relevant Deliverables and other terms and requirements;

(ii) any offer by us to fund a Deliverable is an invitation to treat;

(iii) if you are the Dream Army Member who will provide a Deliverable that we offer to fund, you:

(A)must provide us with a gross fixed invariable fee for the Deliverable and any other details for the Deliverable that we request;

(B)must obtain our prior written confirmation, after receiving the details in
clause 11(b)(iii)(A) from you, that we will be funding the Deliverable;

(C) must deliver the agreed Deliverable to the Dream Igniter in accordance with their Dream and any other deadlines, timeframes and requirements that were

(D )advised by the Dream Igniter (and must provide us with proof or a copy of
the Deliverable, if requested);

(E) acknowledge that we will be entitled to withhold or deduct from the agreed
fee, in the amount that we determine, in the event that we believe, acting
reasonably, that you have not complied with the Dream Igniter’s
requirements for the Deliverable or that you have breached these Terms;
acknowledge that you will not be entitled to vary the fee or the Deliverable
unless you have obtained the Dream Igniter and our prior written
confirmation, failing which you acknowledge that you may not be entitled
to any fees for the Deliverable;

(F) must provide us with a tax invoice for the agreed Deliverable fee, in
accordance with our instructions, which you acknowledge will be payable
by us after the Deliverable has been completed and provided to the Dream
Igniter (subject to clause 11(b)(iii)(D),

(iv) if you are the Dream Igniter who will receive a Deliverable that we offer to fund (in whole or in part), you:

(A) will provide us and the applicable Dream Army Member upfront with all of
your requirements and other terms applicable to the Dream, so that a fee
for the Deliverable can be agreed;

(B) agree that, if you wish to vary the Deliverable or the Dream in any way,
we may withdraw our offer to fund the Deliverable and will not be liable in
any way; and

(C) if, after receiving a Deliverable, you believe that it does not deliver what
was promised or is otherwise deficient or unsatisfactory, you must
immediately (within one day) advise us and provide us with all relevant
information and details relating to any such issues,

(v) agree that, if either the Dream Igniter or Dream Army Member breach these Terms, we may withdraw our offer to fund the Deliverable and will not be liable in any way; and

(vi) agree that, even in circumstances where we provide any funding:

(A) all dealings relating to Deliverables and Dreams are between the applicable
Dream Igniter, who is the client, and Dream Army Member, who is the
provider of the Deliverables; and

(B) we will not be liable in any way in relation to the Deliverable or the Dream
and you release us from all Claims in this respect.

12. Public Statements

You must not mislead or deceive, or make disparaging remarks to, the public or any other entity in relation to us, our Related Entities or Associates, the Collective or any of our businesses.

13. Termination

(a) We may suspend or cancel your participation in the Collective, the Website, the Socials and/or Dreams, if we believe that you have breached these Terms.

(b) Upon such cancellation:

(i) these Terms shall terminate for you (except for the continuing obligations, as specified in clause 17(b));

(ii) we may immediately remove your access to the Collective, the Deliverables,
the Website and the Socials; and

(iii) we may demand that you return to us, or destroy (if we request), all of our
Intellectual Property and any Information that you possess.

14. Limitation of Liability

14.1 Disclaimer

You acknowledge we make no warranties or guarantees whatsoever relating to the Collective, Members, Dreams or Deliverables, including:

(a) whether the Deliverables will be fit for any purpose, free from defects, suitable, accurate or complete;

(b) the success or outcomes of the Deliverables or any Dreams or whether a Member will be able to assist with a Dream;

(c) the safety of interacting with Members or the moral, or other, qualities of Members; and

(d) regarding what information, materials, activities or entities you may encounter or be exposed to as a result of the Collective

14.2 Limitation of Liability

(a) These Terms may contain certain express terms and warranties. To the extent permitted by law, in relation to the Collective, Deliverables, the Website and Dreams, there are no other terms, warranties, guarantees or conditions, whether statutory, express, implied, collateral or otherwise, and such terms, warranties or conditions are hereby expressly excluded to the
extent permitted by law.

(b) To the fullest extent permitted by law, us and our Related Entities, Associates, employees, contractors, successors or assigns shall not be liable to you or anyone claiming under or through you for any liability in respect of any Claims (including punitive or consequential loss or damage) howsoever caused, based on, arising out of, or regarding, these Terms, or any matter relating to these Terms, except to the extent that you can prove that such Claims were
solely and directly caused by our negligence. You acknowledge that you are accessing the Collective free of charge and shall not be entitled to any payment from us (or our Related Entities or Associates) in any circumstances.

(c) You agree that you are solely liable for your actions (and the actions of any Participants that you involve in the Deliverables) and you release us from all Claims in this respect. You acknowledge that we shall not be liable for any Claims relating to the acts or omissions of third parties, including any Members.

14.3 Indemnity

You hereby hold harmless and release and indemnify, and keep released and indemnified, us (and our Related Entities and Associates) from and against all Claims:

(a) relating to your breach of these Terms (or the warranties in these Terms) by you and any Participants that you involve in the Deliverables;

(b) by a third party (including any Member or Participant) relating to, or otherwise arising from, your involvement in the Collective or the Deliverables;

(c) relating to any matters contemplated in our disclaimer in clause 14.1;

(d) relating to your use of the Website and the Socials, including your interaction with other Members;

(e) relating to your inability to use or access the Website or Socials;

(f) charged or otherwise demanded from us by any entity as a result of your breaches, acts or omissions;

(g) arising in relation to any act or omission (whether unlawful, negligent or otherwise) or wilful misconduct by you or your Participants; or

(h) which may arise in respect of any accident, loss or damage to property or death of or injury to any person as a result of your acts, negligence or omissions.

14.4 Dealings and Liability between Members

(a) In the event that a Dream Army Member provides Deliverables in relation to a Dream, you agree that a contractual relationship is created between the Dream Igniter and the applicable Dream Army Member directly. The Dream Parties agree to comply with these Terms in respect of their dealings with each other and they acknowledge that rights and obligations in clause
9.1(a-d) and 9.2(a-g) of these Terms, and any other obligations that arise at law, will flow between them directly in such circumstances. We are entirely separate from, and not linked to, the legal relationship that exists between the Dream Igniter and Dream Army Member in such circumstances.

(b) In the event that a Dream Igniter or Dream Army Member (the Defaulting Member) breaches the applicable provisions of these Terms in their dealings with the other Dream Party (the Non-Defaulting Member), then you agree that the Non-Defaulting Member may seek to enforce or otherwise rely upon its rights arising from such breach against the Defaulting Member directly, acting reasonably. You agree that you must not involve or join, or attempt to join, us in any such disputes, which are to be conducted between the Dream Parties directly. 

15. Third Party Links

The Website and/or Socials may include links to websites, platforms and/or software operated by third parties. We have no responsibility or liability for the content and activities of such websites, platforms and/or software and you hereby release us from all Claims relating to such matters.

16. Variation

We may vary the Terms, the Website and the Collective in our discretion. You agree that your continued use of the Website or participation in the Collective constitutes your acceptance of any variations in the Terms, as published on the Website or otherwise advised to you from time to time.

17. Terms

(a) The essential terms of these Terms are contained in clauses 7, 9 and 12.

(b) The expiration or termination of these Terms does not operate to terminate or extinguish any of the continuing obligations under these Terms, including under clauses 8, 12, 13(b) and 14 and those obligations remain in full force and effect and are binding upon the Parties.

18. General Provisions

(a) These Terms represents the entire agreement between the Parties and supersede all other agreements, arrangements and representations made between the Parties relating to the same subject matter.

(b) These Terms are governed by the law in force in New South Wales. Each party to these Terms (Party) submits to the non-exclusive jurisdiction of the courts of New South Wales.

(c) Any failure, delay or partial exercise of our rights under these Terms does not constitute a waiver of that right, unless the waiver is expressly waived in writing and signed by us.

(d) In the event that the Parties are in disagreement as to the interpretation, construction or application of a term of this Terms, or if there is any discrepancy or typographical error which presents as an issue of construction, you hereby agree and acknowledge that our interpretation shall apply. A term shall not be interpreted against us on the basis that we prepared these Terms.

(e) You hereby consent to correspondence and notices by means of electronic communication. Any notice to be given to any of Party will be served by email (to the email address usually used by each Party in the course of communicating with the other Party).Unless otherwise specified in the Agreement, all notices, requests, demands, and other communications (other
than routine operational or billing communications) required or permitted hereunder shall be in writing and shall be deemed to have been received by a Party one (1) business day after transmission by electronic mail.

(f) We shall not be in default of these Terms due to any failure or delay in the performance of any obligations if that failure or delay is due to any cause which is beyond our reasonable control and furthermore is not due to our fault or negligence, which causes shall include, without limitation: storms, floods, other acts of nature, fires, explosions, epidemics, pandemics, riots,
war or civil disturbance, strikes or other labour unrests, embargoes and other governmental actions or regulations that would prohibit us from performing any aspects of the obligations set out in these Terms.

(g) The rights, powers, authorities, discretions and remedies under these Terms are cumulative and do not exclude any other right, power, authority, discretion or remedy.

(h) If any part of these Terms is invalid, illegal, unlawful or otherwise incapable of enforcement then that part will be deemed severed from these Terms and all remaining parts of these Terms will remain in full force.

19. Interpretation

In these Terms, unless otherwise specified:

(i) a reference to the singular includes the plural and vice versa;

(j) a reference to a given gender includes all other genders;

(k) a reference to a person includes a natural person, a company or other entities recognised by law;

(l) a reference to dollars is to Australian dollars;

(m) a reference to any of the Parties by their defined terms includes that Party’s executors, administrators or permitted assigns or, being a company, its successors or permitted assigns;

(n) a reference to any legislation, statute, ordinance code or other law includes regulations and other instructions under it and consolidations, modifications, amendments, re-enactments or replacements of it;

(o) a reference to any governmental or other body includes any statutory body which replaces, succeeds to the relevant power and functions of, or which serves substantially the same purposes or objects as such body;

(p) a reference to a time is to that time in Sydney, Australia;

(q) a reference to writing includes electronic communication;

(r) an obligation, representation or warranty on the part of two or more persons binds them jointly and severally;

(s) an obligation, representation or warranty in favour of two or more persons is to be construed for the benefit of them jointly and severally;

(t) use of the word ‘including’ or any similar expressions are not words of limitation;

(u) any reference to you in these Terms includes your representatives, agents, directors, employees and contractors, where the context permits (as determined by us);

(v) in any circumstances where we are entitled to determine any matter or to grant consent, we may do so in our absolute discretion, unless otherwise expressly stated in these Terms;

(w) if the time for something to be done or to happen is the 29th, 30th or 31st day of a month, and that day does not exist, the time is instead the next day; and

(x) if the time for something to be done or to happen is a day that is not a business day, the time is extended to the next business day.