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1. About these terms

1.1. LVXP.AU is a website at lvxp.au that provides each of its members with a single public page holding links they choose. In these terms, "LVXP.AU", "we", "us", and "our" mean the operator of that website. "You" and "your" mean a person who uses it, whether as a member or as a visitor.

1.2. LVXP.AU is owned and operated by Beneath the Surface AU, a sole trader business, ABN 16 843 916 557, of PO Box 48, Ballajura, Western Australia 6066.

1.3. These terms apply from the moment you use the website. If you register for an account, you accept them at registration and they continue to apply for as long as the account exists.

1.4. If you do not accept these terms, you must not register for an account, and you should not use the website.

1.5. Words defined in these terms carry the same meaning in the Privacy Policy and the Accessibility Statement.

2. What LVXP.AU is

2.1. LVXP.AU provides hosting for a page of links. It does not provide advice, support, referral, advocacy, representation, or any service beyond the operation of the website.

2.2. We host, we do not author. The content of a member page is written and chosen by that member. We do not write it, commission it, verify it, or adopt it as our own.

2.3. A link on a member page is not an endorsement by us of the destination, and the presence of a page on LVXP.AU is not an endorsement by us of the member.

2.4. No verification of identity or experience. We do not verify that a member is who they say they are, and we do not ask a member to describe or evidence any personal experience. Section 3 of the Privacy Policy records that we hold no such information.

2.5. LVXP.AU is free. There is no fee for an account, no paid tier, and no advertising.

3. Eligibility and accounts

3.1. Minimum age. You must be at least 16 years old to hold an account. If we become aware that an account holder is under 16, we will close the account and delete the page.

3.2. Capacity. By registering, you confirm that you understand what a public page is, that you are able to decide for yourself what to put on it, and that you are acting for yourself rather than at the direction of another person.

3.3. Members aged 16 and 17. We accept members aged 16 and 17 because excluding them would exclude people whose experience of housing, care, and family systems is current rather than historical. Where an account holder is under 18, we may decline to activate a page that publishes a residential address, a personal phone number, or any other detail that would allow the member to be located in person. We may raise a safeguarding concern with an appropriate authority where we believe a member is at risk of harm.

3.4. Accurate registration details. You must give a display name and an email address that reach you, and you must keep the email address current. We use it to reach you about the account and about these terms.

3.5. One account per person. You may hold one account. An additional page for an organisation, a project, or a publication is permitted where a person or organisation is genuinely responsible for it.

3.6. Account security. You are responsible for your password and for anything done through your account. You must tell us at [email protected] as soon as you believe someone else has access to it.

3.7. Accounts are personal. You must not sell, rent, or transfer an account or a page URL to another person.

4. Approval, activation, and refusal

4.1. Registration creates an account. It does not make your page public.

4.2. Your page is not visible to anyone until we have released it. When you register, your account is created in a held state, and anyone visiting your page address is told that no such page exists. You are signed in immediately and may build your page while it is held. It becomes publicly visible only when we release it.

4.3. What a review looks at. A review looks at whether a page complies with Section 6. It is not an assessment of you, of what you have experienced, or of whether your experience qualifies. Nothing in registration or review asks you about any of that, and we hold no record of it.

4.4. Grounds on which we may refuse to release a page, or may suspend or remove one already released, include a breach of Section 6, a page address that impersonates another person or organisation, a page that appears to be automated or fraudulent, and a page we are required by law to remove.

4.5. You may ask us to reconsider. Where we refuse, suspend, or remove a page, you may ask us to reconsider by writing to [email protected]. We will give you the reason for the decision unless doing so would prejudice a legal obligation or place another person at risk, and we will respond within a reasonable time.

4.6. We do not review a member page continuously after release, and we do not monitor the destinations of links. Section 7 sets out how a page is reported.

5. Your content

5.1. In these terms, "your content" means everything you put on your page: your display name, your page description, your links and their labels, your profile image, any file you upload, and any contact detail you publish including through a generated contact card.

5.2. You keep ownership. Nothing in these terms transfers ownership of your content to us. Copyright in your content remains yours, subject to the Copyright Act 1968 (Cth) and to the rights of any third party whose material you have used.

5.3. You grant us only what hosting requires. You grant us a non-exclusive, royalty-free licence to store, reproduce, and publicly display your content for the sole purpose of operating LVXP.AU and displaying your page. The licence ends when the content is removed, except for copies held in backups until those backups are overwritten. We will not use your content for any other purpose, and we will not license it to anyone else.

5.4. Your page is public by design. Everything on your page can be seen by anyone with the address, can be indexed by search engines, and can be copied and republished by others beyond our control. You must not put anything on your page that you are not content for a stranger to hold permanently.

5.5. You are responsible for your content, including where a link leads, what an uploaded file contains, and what a published contact detail exposes about you or another person.

5.6. You must have the right to publish everything on your page. You must not publish another person's personal information without their consent, and you must not publish material that infringes another person's copyright, moral rights, or trade mark.

5.7. Keep your own copy. LVXP.AU is a free service and is not a backup of your links. You should keep your own record of what your page contains.

6. Acceptable use

6.1. This section states what a page and an account must not be used for. It applies to your content, to the destinations of your links, and to how you deal with other people through the website.

6.2. Unlawful material. You must not publish, link to, or upload material that is unlawful under the law of the Commonwealth of Australia or of Western Australia. This includes child sexual abuse material, material that advocates or instructs in terrorism or serious violence, intimate images published without the consent of the person depicted, and material published in breach of a court order or a suppression order.

6.3. Harm to others. You must not publish or link to material that harasses, threatens, intimidates, or incites violence against a person or a group, or that vilifies a person or a group on the basis of race, colour, sex, sexual orientation, gender identity, intersex status, age, disability, religion, or national or ethnic origin.

6.4. Impersonation and deception. You must not present yourself as another person or organisation, claim a qualification, appointment, or mandate you do not hold, or claim to speak on behalf of a community, organisation, or group that has not authorised you to do so.

6.5. Another person's private information. You must not publish another person's home address, personal contact details, workplace, or other identifying information without their consent, whether on your page or through a linked destination.

6.6. Technical abuse. You must not link to or upload malware, phishing pages, or deceptive downloads. You must not attempt to gain unauthorised access to the website, another account, or the underlying infrastructure, and you must not interfere with the operation of the website or the pages of other members.

6.7. Commercial use. You may link to your own paid work, your own services, your own writing, and your own fundraising. You must not use a page primarily for unsolicited advertising, affiliate marketing, spam, multi-level marketing, cryptocurrency or investment promotion, or adult commercial services.

6.8. Soliciting members. You must not use LVXP.AU to obtain the contact details of other members in order to send them unsolicited commercial messages. Sending a commercial electronic message without consent is separately regulated by the Spam Act 2003 (Cth).

6.9. Fundraising. Where you link to a fundraising appeal, it must be honestly described and must be for the purpose stated. You must not solicit donations by misrepresenting your circumstances.

6.10. Consequences. Where we believe a page breaches this section, we may remove the material, suspend or remove the page, or close the account, and we may report the matter to a law enforcement agency or another appropriate authority. Where the breach is minor and appears unintentional, we will ordinarily ask for a change first.

7. Reporting a page

7.1. If you believe a page on LVXP.AU breaches these terms, write to [email protected]. Identify the page address and describe the problem.

7.2. We will consider every report. We will act on a report where we conclude that these terms have been breached, and Section 6.10 sets out what we may do.

7.3. We will not tell the reporting person what action we have taken about another member's account, because that is the other member's personal information.

7.4. Where a report concerns material of the kind described in clause 6.2, we may report it to a law enforcement agency or to the eSafety Commissioner without notifying the member first.

7.5. A report made in bad faith, or repeated reports made to harass a member, may itself result in action under Section 6.

8. Suspension, removal, and closing an account

8.1. We may suspend or remove a page, or close an account, where these terms are breached, where we are required to do so by law, or where the account has been inactive for a long period and the email address on it no longer works.

8.2. Notice. We will tell you before we act, and give you a reasonable opportunity to fix the problem, unless the material is of the kind described in clause 6.2, unless telling you would place another person at risk, or unless we are legally prevented from doing so. Where we act without notice, we will tell you afterwards.

8.3. You may close your account at any time. You may delete your page and close your account from your account dashboard, or by writing to [email protected]. You do not need to give a reason and we will not ask for one.

8.4. What happens to your data. Closing an account removes the page from public view and deletes the account record. Backups are overwritten in the ordinary course. Section 9 of the Privacy Policy sets out the detail and the retention periods that apply.

8.5. Where we close an account under clause 8.1, clause 8.4 applies in the same way. We do not retain a closed member's page.

8.6. We may discontinue LVXP.AU. If we do, we will give members at least 60 days notice by email so that a page can be copied and an alternative arranged.

9. Availability and support

9.1. LVXP.AU is provided free of charge and without a guarantee of availability. We do not offer a service level, and we do not undertake to restore the service within any particular time.

9.2. The website runs on LinkStack, third-party software we did not write. Its features may change when it is updated, and a feature you rely on may be altered or withdrawn by its developers. Section 10 records how it is licensed.

9.3. Support is provided by one operator by email and may take several days. There is no telephone support.

9.4. We may change how the website works, including its appearance and its features, at any time.

10. Intellectual property

10.1. The name LVXP.AU, the lvxp.au domain, and the arrangement and presentation of the site other than member content belong to Beneath the Surface AU.

10.2. LinkStack, the software the website runs on, is published by its developers under the GNU Affero General Public License, Version 3. That licence governs the software. It does not govern member content, and it gives no person a right to the personal information held by this installation.

10.3. Nothing in these terms gives you a right to use the Beneath the Surface AU name or marks, other than to state accurately that your page is hosted on LVXP.AU.

11. Privacy

11.1. Our handling of personal information is set out in the LVXP.AU Privacy Policy, published at lvxp.au/pages/privacy. It records what we collect, that a member page is public by design, where the information is stored, and how to ask for access, correction, or deletion.

11.2. Registering for an account involves the disclosure of personal information to service providers located outside Australia. The Privacy Policy identifies them.

12. Liability

12.1. Your rights under the Australian Consumer Law are not excluded. Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth), or under any other law where doing so is not permitted. Where a guarantee applies and cannot be excluded, our liability for failing to comply with it is limited, to the extent the law allows, to supplying the service again.

12.2. Subject to clause 12.1, and to the extent permitted by law, LVXP.AU is provided on an "as is" basis, and we do not warrant that it will be uninterrupted, error free, or secure against every form of attack.

12.3. Subject to clause 12.1, we are not liable for loss you suffer because of the content of another member's page, because of the content of a website you reached through a link on this site, or because material you published was seen, copied, or republished by another person.

12.4. Clause 12.3 does not limit any obligation we owe under the Privacy Act 1988 (Cth), or the commitments given in the Privacy Policy.

12.5. You indemnify us for your own content. Where a third party makes a claim against us arising from your content or from your breach of these terms, you are responsible for that claim, except to the extent it arises from our own act or omission.

13. Governing law

13.1. These terms are governed by the law of Western Australia and of the Commonwealth of Australia.

13.2. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia. This does not prevent you from making a complaint to a regulator, and Section 10 of the Privacy Policy sets out the pathway for a privacy complaint.

14. Changes to these terms

14.1. We may change these terms. The version number and effective date at the top of the published page identify the version that binds you.

14.2. Where a change materially affects a member's rights, we will email members at least 14 days before it takes effect. Other changes take effect when published.

14.3. If you do not accept a change, you may close your account under clause 8.3.

15. Contact