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Terms & Conditions

Terms & Conditions

This document set out the terms and conditions applicable to all persons (referred to as “you”) who access or use the 1 Million Pledge website (1millionpledge.com.au) (“Website”) owned and hosted by Active Faith Ltd (ABN 36 641 798 227) (“we”, “us” and “our”).

By accessing or using the Website you agree to these Terms & Conditions.

In these Terms and Conditions “material” includes information and any other content.

PRIVACY STATEMENT

Active Faith Ltd respects the privacy of all our people including employees, volunteers, donors, fundraisers, charity and business partners, sponsors and users of the Website, and is committed to safeguarding the personal information that is provided to us. Personal information is any information that can be used to identify you and includes sensitive health information.

Active Faith Ltd and/or people authorised by it may gather and process the information:

  1. which you may provide when accessing the Website, such as your name, address, email address and other personal information;
  2. uploaded or posted by you on the Website; and
  3. regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Website.

The primary purpose for collecting information from you is to carry out our charitable purpose of relieving poverty, suffering, hunger and distress to children, including for planning, marketing and promoting our work to potential donors, fundraisers and volunteers, informing donors, fundraisers and volunteers about our activities and monitoring and evaluation. We only collect personal information for purposes that are reasonably necessary for one or more of our functions or activities. By providing your information to us you consent to your information being disclosed to third parties or used for these purposes. We will take reasonable steps to ensure that such third parties deal with your information appropriately.

For details about how Active Faith Ltd handles the personal information that you provide and how you can contact us about your personal information, please view our Privacy Policy www.1millionpledge.com/privacy-policy.

PARENTAL CONSENT FOR ACCESS BY MINORS

We may refuse access to the Website to any child under the age of 16 until we receive permission from their parent or guardian.

CREDIT AND DEBIT CARDS AND REFUNDS

You agree not to use an invalid or unauthorised credit or debit card when making a donation or other payment to the Website. Once a donation has been made, the transaction is final and refunds will not be given except where unauthorised use of a payment card can be proved. If you become aware of a fraudulent use of your card, or it becomes lost or stolen, you must notify your card issuer.

USE OF MATERIAL ON THE WEBSITE

Active Faith reserves all intellectual property rights, including but not limited to rights in the Website and materials and/or services provided by us.

Except for the limited purpose set out in the next paragraph, you must not, in any form or by any medium of communication, use the Website or the material contained on it for any purpose, including to:

  1. reproduce distribute or retransmit material on the Website;
  2. upload or re-post material on the Website to any other website;
  3. frame the material on the Website with material on any other website; or
  4. make any other use of the Website, or the material contained on it.

Notwithstanding the above restrictions on use of the Website and the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material and otherwise subject to these Terms and Conditions.

LINKS TO OTHER WEBSITES

The Website contains links to other websites that are not under our control. Active Faith Ltd is not responsible for the contents of any linked website, or any link contained in a linked website, or any changes or updates to such websites.

These links are provided for your convenience only and are not intended as an endorsement by Active Faith Ltd of the material on the linked website or the organisation or individual operating the website.

UPLOADING MATERIAL

You represent and warrant in relation to any material you upload to the Website that:

  1. you own or are fully authorised to provide the material;
  2. the material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  3. the material is not a ‘passing off’ of any product or service and does not constitute unfair competition;
  4. the material does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  5. the material does not infringe any legislation or regulations of the Commonwealth of Australia, any Australian state and territory and any other jurisdiction competent to legislate in relation to the Website or any law in any jurisdiction where the material is or will be available electronically to users of the Website, including, but not limited to, the Australian Competition and Consumer Law and the Fair Trading Act 1987 (NSW) and the equivalent legislation in all other relevant jurisdictions.

CONDUCT

You agree not to use this Website to:

  1. Upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or otherwise offensive;
  2. Harm minors in any way;
  3. Impersonate (intentionally or otherwise) any person or entity, including, but not limited to, patrons, officers, employees, volunteers and agents of Active Faith Ltd and our charity and business partners, sponsors and other affiliates;
  4. Collect data about other users of this Website that is of a personal nature;
  5. Upload, post, email, transmit or otherwise make available any unsolicited material or advertising, including, but not limited to junk mail, surveys, pyramid schemes and chain letters.

LICENCE TO USE INTELLECTUAL PROPERTY

By uploading any material which is or contains an intellectual property right, including, but not limited to, copyrighted works, trademarks and service marks (the “intellectual property”) to the Website, you are granting to Active Faith Ltd a perpetual, non-exclusive and payment-free licence throughout the world to reproduce, use and exploit the intellectual property, as part of the Website and the material that you post onto the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is electronically available to users, including the right to sub-licence those rights to others.

REMOVAL OF MATERIAL

Active Faith Ltd may remove any material from the Website, including but not limited to links to other sites, at any time without giving any explanation or justification.

Active Faith Ltd retains the right at all times, and at its sole discretion, to:

  1. Monitor, retain and disclose to any person any material on, or formerly on, the Website when necessary to satisfy any applicable regulations or legal process;
  2. Pre-screen, block or remove any content posted or uploaded by users of the Website which it considers inappropriate, including but not limited to, material that it considers may violate any law, its Privacy Policy or these Terms and Conditions;
  3. Suspend your access to the Website and its services without notice to you if you fail to comply with these Terms and Conditions or with any law relevant to your access to or use of the Website, or if Active Faith Ltd has reasonable grounds to suspect that your access or use the Website may do so.

DISCLAIMER

Active Faith Ltd and its patrons, officers, employees, volunteers, agents, charity and business partners, sponsors and contractors shall have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website. Without limiting the generality of this clause, this disclaimer applies in relation to or in connection with any material and advertising provided on the Website by any person and as a consequence of the removal of any material from the Website.

In making the Website available for others to publish material, Active Faith Ltd is not assuming a duty of care to users. Active Faith Ltd gives no warranty, guarantee or representation about the accuracy, reliability, timeliness or otherwise, of the material contained on the Website and/or linked sites.

To the full extent permitted by law, Active Faith Ltd disclaims any and all warranties, representations and guarantees, express or implied:

  1. regarding the accuracy, reliability, timeliness or otherwise of any material contained or referred to on the Website and/or of any linked sites;
  2. regarding the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites; and
  3. that the Website, or its server are free of software viruses, that the operation of the Website will be uninterrupted or error free, or that errors and defects will be corrected.

EXCLUSION OF LIABILITY

To the full extent permitted by law, Active Faith Ltd is not liable to you for:

  1. viruses, errors or omissions in the Website, or linked sites;
  2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
  3. defamatory, offensive or illegal conduct of any user of the Website, however caused, including through the act, omission or negligence of Active Faith Ltd, its officers, employees, agents or contractors.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

LIMITATION OF LIABILITY

If and to the extent that a disclaimer or exclusion of liability in these Terms and Conditions is not permitted by law, to the full extent permitted by law, the liability of Active Faith for any implied warranty or condition or consumer guarantee is limited, at the choice of Active Faith Ltd, to one or more of the following:

  1. If the breach of an implied warranty or condition relates to services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied;
  2. If the breach of an implied warranty or condition relates to goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of such goods; or
    3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods.

INDEMNITY

At all times you indemnify and will keep indemnified Active Faith Ltd and its officers, employees, volunteers, agents, contractors, charity and business partners and sponsors (in this clause referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions by you; and publication of or distribution of material supplied by you.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions and all other specific and additional terms which govern your use of and access to the Website will be governed by and construed in accordance with the laws of the state of Victoria, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of Victoria and any court hearing appeals from those courts.