ACCEPTANCE OF SITE TERMS

The following is a binding Agreement between you and donations.com.au ('DONATIONS'). By browsing, accessing and/or using this site ('Site'), you acknowledge that you have read, understood, and agree to be bound by these terms and agree to comply with all applicable laws. If you do not agree to these terms and conditions, under no circumstances should you use this Site.
All material provided on this Site is protected by various laws, including, but not limited to, Australian Copyright law and international treaties. This Site is established, controlled, maintained and operated by DONATIONS from its offices within Australia. DONATIONS makes no representation that the materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is explicitly prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.


AUTHORISED USERS

Only DONATIONS Clients, Donors or any other persons authorized by DONATIONS are authorized users of this site. For not-for-profit organizations - you will need your username and password number to access your information. All username and password access should be kept safe to avoid unauthorized persons from accessing and/or changing your records. Any unauthorized access/alteration of your records is strictly your responsibility. To the extent permitted by law, you agree that by using this site to indemnify and forever hold harmless donations.com.au from any losses or damages suffered howsoever caused including any legal expenses, penalties, awards or other outgoings of whatsoever nature.


USE RESTRICTIONS

The copyright in all material provided on this Site is held by DONATIONS or by the original creator of the relevant material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of DONATIONS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided that you do not modify the materials and that you retain and display all copyright and other proprietary notices contained in the materials in their original form and size. This permission terminates automatically if you breach the Agreement in any manner whatsoever. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without DONATIONS's express written permission, 'mirror' any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


TRADEMARKS & LOGOS

The trademarks, service marks, and logos (the 'Trademarks') used and displayed on this Site are registered or unregistered Trademarks of DONATIONS and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of DONATIONS or the Trademark owner. DONATIONS will aggressively enforce its intellectual property rights wherever infringements are found to exist. The name of DONATIONS or the DONATIONS logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written permission of DONATIONS. You may provide a link from your web site to any part of donations.com.au without requiring permission from DONATIONS.


DONATIONS MADE

The Donor warrants that the donations that they are making to the selected Charity 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 Donations that they are making the donation in their own right or with full authority and hereby indemnify and agree to keep indemnified Donations 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 Donations 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.


DISCLAIMER OF WARRANTY

The materials on this site are provided 'as is' without warranties of any kind either express or implied. To the fullest extent permitted by law, DONATIONS disclaims all warranties, expressed or implied and any prior statements, claims or representations are hereby revoked. DONATIONS does not warrant or make any representations whatsoever regarding the use, accuracy, validity, or reliability of, or the results from the use of, or otherwise respecting, the materials on this site or any sites linked to this site.


LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall DONATIONS be liable for any direct, indirect, incidental or consequential damages howsoever caused, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if DONATIONS or an DONATIONS authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you do so at your own cost. You further agree to indemnify and hold harmless Donations to the fullest extent permitted by law.


TERM OF USE REVISIONS

DONATIONS may at any time revise this Agreement by updating this Intenet posting. By using this Site, you agree to be bound by any such revisions and therefore should periodically visit this page to determine the current Agreement to which you are bound.


DONATIONS MERCHANT AGREEMENT

Not-for-profit organizations who require access to secure real-time eCommerce facilities are required to complete a "Not-For-Profit Merchant Agreement" - the terms of which are to be read in conjunction with these terms. Any inconsistent terms found to exist between the two Agreements will be varied at the option of donations.com.au to clarify the intended meaning and to give effect to such terms.

OFFERS AND PROMOTIONS

Donations or selected organisations may from time to time provide publicity, information or marketing assistance, strategic relationships, products or services for Charity organisations listing at Donations.com.au. These services are chosen to enhance public awareness, facilitate better fundraising or otherwise enhance service delivery. You may at any time elect not to receive these services or offers by selecting or deselecting your preferences at the Donations.com.au Merchant facility.