Your use of this site and the information available on this site is subject to the following Terms and Conditions:
- Ownership
-
This site http://www.rspcaguardianangel.com.au
(“Website”) is owned and operated by the Royal Society for the Prevention of Cruelty to Animals New South Wales (“RSPCA NSW”).
Please note: RSPCA NSW manages the RSPCA Guardian Angel Website on behalf of RSPCA Australia’s State, Territory and regional member
societies (“Member Societies”).
- Terminology
- In these Terms and Conditions, the expressions “we”, “us”, and “our” are references to RSPCA NSW.
- Use of Website from outside Australia
- The information on this Website (“the Information”) and the Terms and Conditions have been prepared in accordance with Australian
(Commonwealth) and New South Wales law. If you are residing in or accessing this Website from a country other than Australia (“the User
Country”), the Information and the Terms and Conditions may not satisfy the laws of the User Country. Should the Information and the
Terms and Conditions satisfy the laws of the User Country, then you are entitled to use the Website. In the event that the Information
or the Terms and Conditions do not satisfy the laws of the User Country, this Website is not intended for your use, and you are not
entitled to rely on the Information. If you do so, you agree to indemnify us and each Member Society for any loss or damage which may be
incurred as a consequence.
- Acceptance of Terms and Conditions
- Your access to and use of the Website is conditional upon your acceptance of and compliance with the terms, conditions, notices and
disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”). Your use of
and/or continued access to the Website constitutes your agreement to the Terms and Conditions.
- We may amend the Terms and Conditions at any time by posting the amended Terms and Conditions on the Website. The amended Terms and
Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. The Terms and
Conditions may not be amended other than in accordance with this clause. You should visit this page periodically to review the Terms and
Conditions. If you violate any of the Terms and Conditions, your right to use and access the Website automatically terminates.
- Restrictions on Use
- The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the
Website, including the Material defined in Clause 7 [Copyright] below, hours of availability and equipment required for access. You may
download a single copy of the Material, keep a temporary copy in your computer’s cache and, where necessary for reference purposes, make
a single hard copy of the Material. You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or
modify in any way all or any part of the Material contained on this Website unless expressly authorised on the Website, in writing by
RSPCA NSW or by law. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website which
contains a virus or other harmful component.
- Trademarks
- All names, logos and trademarks are either our property or the property of third parties who have contributed to the Website. Nothing on
the Website should be interpreted or construed as granting any licence or right to use or distribute any name, logo or trademark without
our express written agreement or that of the relevant third party contributor.
- Copyright
- The content of this Website, including all information such as text, graphics, images and other material (“Material”), is protected by
Australian and international copyright law. You may download a single copy of the Material, keep a temporary copy in your computer’s
cache and, where necessary for reference purposes, make a single hard copy of the Material. You may only make such other use of the
Material as is expressly authorised on the Website, in writing by RSPCA NSW or by law.
- No Representations
- We make no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain
inaccuracies or typographical errors. The use of the Website and the Material is at your own risk. Changes are periodically made to the
Website and may be made at any time.
- No Warranties
- The Website and Material are provided on an “as is” basis without any warranties of any kind on the part of RSPCA NSW. We disclaim all
warranties to the fullest extent permitted by law.
- The Australian Consumer Law contains consumer guarantees in respect of the supply of certain goods and services and prevents the
exclusion, restriction and modification of such guarantees (“Prescribed Guarantees”). Except as provided by the Prescribed Guarantees,
all warranties, guarantees and/or conditions express or implied by law in any way relating to access to, or non-access to, the Website
or the use of or reliance upon the Website or the Material are excluded.
- In addition, we do not warrant that the Website will operate error-free or that the Website and its servers are free of computer
viruses and other harmful data, code, components or other material. Nor do we warrant that the Website or its servers will be able to
prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use,
modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data,
we are not responsible for those costs.
- Limitation of Liability
- Except as provided by the Prescribed Guarantees, none of us, our officers, agents, contractors, volunteers and employees; each Member
Society and its officers, agents, contractors, volunteers and employees; our suppliers; and any third parties mentioned on the Website
shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits or
damages) resulting from the use or access to or inability to use and access the Website and the Material.
- Specific Warnings
- You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own
precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious
computer code or other forms of interference, which may damage your own computer system.
- Taxes
- Certain taxes and government charges may be payable in relation to the use of the Website or transactions on or in any way connected
with the Website. We accept no responsibility for such taxes and other government charges. However, should any charge be made by us for
the supply of goods or services on the Website, such charges are inclusive of any goods and services tax (“GST”) imposed under
Australian law.
- Internet Service Providers
- If you are an internet service and/or access provider, which supplies the Material to your subscriber(s), you must not use the Website
in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the Terms
and Conditions.
- Advertisements
- The Website display of suggested donation amounts is an advertisement made by RSPCA NSW.
- Hyperlinks
- The Website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are
not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.
- The inclusion of any link does not imply our endorsement of the Linked Site. You link to any such Linked Site entirely at your own risk.
We exercise no control over the quality, safety or legality of any items advertised or sold or statements made on or through any Linked
Sites.
- The material on any Linked Site, including product information and prices, is the responsibility of the operator of the Linked Site. Any
information contained on a Linked Site is subject to change without notice by the operator of that website.
- Any purchases or dealings you have with a Linked Site are entered into at your own risk. We are not a party to any transaction between
you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Terms and
Conditions of this Website. If there is any inconsistency, to the extent of the inconsistency, the Terms and Conditions of this Website
prevail.
- Disputes with Linked Sites and Advertisers
- As we are not and cannot be involved in your interaction with Linked Sites, in the event that you have a dispute with one or more Linked
Sites, to the extent permitted by law, you agree to release us (and our officers, agents, contractors, volunteers and employees) from
liability for any claims, demands and damages (including, without limitation, actual and consequential damages) arising out of or in any
way connected with such dispute.
- Termination
- The Terms and Conditions are effective until terminated by us. We may terminate this agreement and your access to the Website at any
time without notice. In the event of termination, you are no longer authorised to access or use the Website. All restrictions imposed on
you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
- Privacy
- The RSPCA Guardian Angel appeal takes place all across Australia. The RSPCA Australia privacy policy, and the privacy policy of each of
the Member Societies, can be found at the relevant link below:
- Indemnity
- You indemnify us including our officers, agents, contractors, volunteers and employees and each Member Society and its officers, agents,
contractors, volunteers and employees (“the Indemnified”) regardless of any negligence on our part or the part of a Member Society,
against all losses, liabilities, legal costs and other expenses incurred by the Indemnified arising directly or indirectly as a result
of or in connection with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by
you in connection with either the supply by RSPCA NSW or a Member Society to you of any product or service or the use by you of that
product or service.
- Governing Law
- Clause 18 of these Terms and Conditions is governed by and construed in accordance with the laws of Australia (Commonwealth) and your
State or Territory of residence. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the
Commonwealth of Australia and of your State or Territory of residence.
- Except as outlined in clause 20.1 above, these Terms and Conditions are governed by and construed in accordance with the laws of
Australia (Commonwealth) and New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts
of the Commonwealth of Australia and of New South Wales.
- Miscellaneous
- If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not
expressly granted are reserved. The Terms and Conditions set out the entire understanding and agreement between RSPCA NSW, each Member
Society and you with respect to the subject matter.