Acceptance of Site Terms and Conditions
This website is owned, operated and maintained by WSPA Australia Limited (WSPA).
These Terms and Conditions apply to your use of the website at www.wspa.org.au (Site). Please read these Terms and Conditions carefully before accessing or using the information and services available through the Site. By accessing or using the information and services available through the Site you agree to be bound by these Terms and Conditions.
These Terms and Conditions may be modified from time to time and you should regularly review them.
Your continued use of the Site constitutes your agreement to these Terms and Conditions and any modifications to them.
Use and Eligibility
The Site is only intended for individuals who can form legally binding contracts. By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not use the Site if you do not qualify.
You must not use the Site to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(c) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);
(f) collect or store data about other users, including e-mail addresses; and
(g) violate any applicable state, Commonwealth or international law, convention or regulation.
WSPA reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that WSPA believes, in its sole discretion:
1.2 violates any term or provision of these Terms and Conditions;
1.3 violates the rights of WSPA or third parties; or
1.4 is otherwise inappropriate for continued access and use of the Site.
You acknowledge that WSPA has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.
Prohibited Content and Activity
The Donor must not permit offending content to be placed on the Site or any other website on which WSPA or its related bodies corporate may choose to display content at their sole and absolute discretion (Related Site). WSPA reserves the right to investigate and take appropriate legal action against any person who, in WSPA's sole discretion, breaches the requirements of this clause by placing offending content on the Site. WSPA may, without limitation, remove offending content from the Site or any Related Site.
Offending content includes, but is not limited to, content that is:
1.5 Offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
1.6 Harasses or advocates harassment of another person;
1.7 Exploits people in a sexual or violent manner;
1.8 Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
1.9 Solicits personal information from anyone under 18;
1.10 Publicly posts information that poses or creates a privacy or security risk to any person;
1.11 Constitutes or promotes information that is known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
1.12 Constitutes or promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
1.13 Involves the transmission of 'junk mail', 'chain letters' or unsolicited mass mailing, instant messaging or 'spamming';
1.14 Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
1.15 Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying weapons, violating someone's privacy, or providing or creating computer viruses or other harmful code;
1.16 Solicits passwords or personal identifying information for commercial or unlawful purposes from other people;
1.17 Includes a photograph or video of any person without that person's consent;
1.18 Violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any other person; or
1.19 Promotes propaganda and/or symbols of organisations which are unconstitutional or illegal in Australia or any of its States or Territories.
Neither WSPA nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site. You acknowledge that you enter any third party sites at your own risk and that WSPA is not responsible for third party sites.
You are welcome to link to this Site, provided that in doing so you do not use any trade marks featured without permission or link to this Site from a Site or in a manner which disparages the reputation of WSPA or its related bodies corporate.
Intellectual Property Rights/ Limited Licence to use the Site
The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (Content) is protected by copyright, trade mark and other intellectual property laws.
You must not modify, copy, reproduce, republish, upload to a third party, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions or as permitted by Part 3 - Division 4A of the Copyright Act 1968 (Cth).
WSPA's logo and name are the property of WSPA and/or its related bodies corporate and may not be used as part of your business or in connection with any goods and services without the prior written consent of WSPA.
If you consider that any Content on the Site breaches your intellectual property rights please notify WSPA. Notification and any action that WSPA may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that WSPA accepts any liability in relation to such a breach. WSPA does not guarantee to take any action if notified under this clause.
The Donor warrants that the donations that they are making to WSPA are donations that they have the authority to make using either their own credit card or are using another credit card the use of which has been expressly granted to them for this purpose. The Donor or the party making the donation warrants to WSPA that they are making the donation in their own right or with full authority and continually indemnify WSPA from all or any claims made by any persons claiming such transactions to be unauthorized. The Donor further agrees to repay or pay on demand any amounts found to be unauthorized and will indemnify WSPA against all losses of whatsoever kind in respect the disputed transaction including (but not limited to) the amount of the original donation, any fines, penalties, legal fees and any other costs or charges of whatsoever kind.
Whilst WSPA will take all reasonable steps to ensure any personal information including credit card details provided through the Donor's use of the Site are kept secure and confidential, WSPA makes no warranties as to the security of or confidentiality of the information provided.
You agree to indemnify, defend, and hold harmless WSPA, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
Disclaimer of Warranties and Limitation of Liability
Subject only to clause 27 below:
1.20 this Site is provided by WSPA on an "as is" basis without any express or implied warranty of any kind;
1.21 the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
1.22 WSPA does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
1.23 WSPA does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
1.24 WSPA may change any of the material on the Site at any time without notice;
1.25 WSPA makes no commitment to update any material on the Site;
1.26 you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
1.27 you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
1.28 in no event shall WSPA be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site;
Where the laws of any country or state in which these Terms and Conditions are effective implies into these Terms and Conditions any term, condition or warranty, and those laws void or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions provided that the liability of WSPA, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of WSPA, to:
1.29 in the case of services, the supply of the services again, or the payment of having the services resupplied;
1.30 in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; and
1.31 the refund of any Donations made through the Site.
Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without WSPA's prior written consent. You agree that WSPA may assign this agreement to a third party without notice.
These Terms and Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
These Terms and Conditions constitute the entire agreement between you and WSPA with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
WSPA shall not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of WSPA, including any form of technological failure or the actions of third parties.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
The failure by WSPA to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of WSPA in respect of any existing or subsequent breach of these Terms and Conditions.
Thank you for your cooperation. Questions or comments regarding this Site should be directed by electronic mail to firstname.lastname@example.org or via mail to WSPA at:
Address: WSPA Australia
Suite 1, 2 Northcote Street
St Leonards NSW 2065.