Terms and Conditions
Effective Date: 5/01/2022
Updated Date: NA
Welcome to the website of Assistance Dogs Australia (ACN : ACN: 074 746 160) (‘we’ or ‘us’), a not-for-profit organisation which trains and places unique dogs with disabled people.
Please read these Terms and Conditions (‘Terms and Conditions’) carefully before using this website or before making a donation to us.
1. GENERAL
a. By accessing this website or by using services available on this website or by making a donation to us (collectively known as the ‘Services’), you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then please do not use this website or any services made available on this website.
b. By accepting these Terms and Conditions, you affirm that you are 18 years of age or above and are fully competent to use this website. If you are below 18 years of age, you can use this website only with the consent of a parent or legal guardian.
c. You can use this website subject to these Terms and Conditions, our Privacy Policy, and other local laws, rules, and regulations. It is your responsibility to make yourself aware about any local laws, rules, and regulations. In the event of any inconsistency between the Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail.
d. These Terms and Conditions constitute the whole agreement between us for the purposes of accessing this website. At certain places, you may be asked to agree to additional terms and conditions. Those additional terms and conditions are hereby incorporated into these Terms and Conditions. Where those terms are inconsistent with these Terms and Conditions, the additional terms shall prevail.
2. DONATIONS
a. Donations on this website may be made by credit or debit card processed online using our secure third-party Payment Gateway (‘Payment Gateway’). We are currently accepting Visa, Mastercard and American Express as payment methods.
b. We do not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise us, through the Payment Gateway, to charge your payment method for the total amount of your donation. We do not store your credit or debit card details. Please refer to our Privacy Policy for more on this.
c. You will be provided with a receipt for any donation made. All donations greater than $2 are tax deductible. For donors who give an automatic monthly, gift, we only supply a receipt at the end of the financial year.
3. REFUNDS
We may at our sole discretion issue refund either in whole or in part of the donation made to us. Please write to us at support@assistancedogs.org.au.
4. PROHIBITIONS AND RESTRICTIONS
Your use of this website is contingent upon the following:
a. You cannot, under any circumstance, use the website to publish any material to which you do not own the copyright. We reserve the right to take-down or delete any content if it infringes upon someone else’s copyright and other intellectual property rights.
b. You agree to use the website in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of this website. Such acts include but are not limited to uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs.
c. You agree that you will not use this website in an unauthorised manner. In case of any confusion about the meaning of the term “unauthorised manner”, please send us an email at: support@assistancedogs.org.au
d. You agree that you will not impersonate any person while using this website.
e. You agree that you will not use this website or any services made available on this website for any illegal purposes including but not limited to unlawful, harassing, libellous, invasion of someone’s privacy, abusive, threatening or obscene purposes. We may remove at any time and without your explicit consent any content published through our service including audio recordings which violate intellectual property laws or are unlawful, harassing, libelous, invasion of someone’s privacy, abusive, threatening or obscene.
f. Unless explicitly authorised, we may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.
5. INTELLECTUAL PROPERTY RIGHTS
a. All content (including but not limited to text, graphics, designs, software, data, sound and video files and other information contained in this website and the selection and arrangement thereof) on this website is the exclusive intellectual property of Assistance Dogs Australia.
b. You agree that you cannot use this material (except user generated content) without our explicit authorisation. Please write to us at support@assistancedogs.org.au to seek consent for using our content.
c. Unless explicitly mentioned or stated, all trademarks, brand names, logos, images, user generated content or catalogue displayed on this website is the exclusive intellectual property of Assistance Dogs Australia.
d. You are prohibited from using, altering, removing or copying such material including our logo, brand, or service mark.
e. You undertake not to do anything on this website which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorisation. We reserve the right to remove any infringing material posted by you if we are notified of any infringement or violation of intellectual property rights.
6. DISCLAIMERS
This website is provided strictly on an ‘as is’ basis. To the maximum extent permitted by law, we, our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content.
7. LINKS TO OTHER SERVICES/WEBSITES
a. We may provide links to other websites or services for you to access. You agree that any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those websites or services. We will not be held liable for any breach occurring on those websites or services including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those websites or services.
b. We will also not be responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party websites or services.
8. COOKIES
We use third parties to track data on this website to improve its performance and to enhance your browsing experience. You may not be able to access the full functionality of this website if you disable, remove, or reject tracking.
9. LIMITATION OF LIABILITY
Under no circumstance shall we, nor our officers, directors and employees, will be liable to you for the following:
a. anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise.
b. any indirect, consequential or special liability arising out of or in any way related to your use of the services or a violation of these terms and conditions.
10. VIOLATION OF THESE TERMS AND CONDITIONS
a. Without limiting any other remedies available to us at law or in equity, we reserve the right without notice to temporarily or indefinitely suspend, or terminate, your access to this website in the following circumstances:
- if you breach any provisions of these Terms and Conditions ;or
- if we are unable to verify or authenticate any information that you provide to us; or
- if we believe that your actions may cause damage and/or legal liability to us, to our donors, or to our partners.
b. Without limiting any other remedies available to us at law or in equity, we may also remove or block access to any information and/or materials (in whole or in part) that we , at our sole and absolute discretion, determine to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms and Conditions.
11. INDEMNIFICATION
You agree to indemnify us to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.
12. SEVERABILITY
If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
13. VARIATION OF TERMS
We may reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. It is your responsibility to keep yourself updated about recent changes.
14. WAIVER
If there is a delay on our part in exercising our rights under these Terms and Conditions, such delay will not constitute a waiver of that right or any other rights under these Terms and Conditions.
15. ENTIRE AGREEMENT
These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of this website and supersedes all prior agreements and understandings with respect to the same.
16. GOVERNING LAW
These Terms and Conditions are governed by the laws of New South Wales without prejudice to the conflict of laws principles. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
17. CONTACT US
If you have any questions, feedback, or complaints about these Terms and Conditions, please contact us at support@assistancedogs.org.au.
18. OTHERS
a. These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.
b. These Terms and Conditions are effective since 5/01/2022
Assistance Dogs Australia is located in New South Wales.