1. Accepting our Portal Terms
(a) These Portal Terms & Conditions (Terms) govern your use of Australia Oikos Care Inc’s mobile application (Application) available for iOS and Android devices and the Australia Oikos Care Inc member portal, available on our site at https://www.australiaoikoscare.org (Website). Together, the Application and portal available on our Website are referred to as the “Portal”. Use of our Portal constitutes acceptance of these Terms, as may be revised by Australia Oikos Care Inc ABN 90 060 620 488 as trustee for the Australia Oikos Care Trust (referred to as Australia Oikos Care, “we”, “our” or “us”) from time to time, which constitute a binding agreement between you and Australia Oikos Care governing the use of the Portal. Users of our Portal are referred to “Members”, “you” or “your”. Members are able to use the Portal to make donations, track their donations and check progress with their projects.
(b) By downloading, installing, accessing or using the Portal, as applicable, you acknowledge you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access and use the Portal, as applicable, immediately.
(c) Australia Oikos Care Inc is the trustee for the Australia Oikos Care Trust. The Australia Oikos Care Trust ABN 64 536 107 625 is a charity registered with the Australian Charities and Not-for-profits Commission under the Charities Act 2013 (Cth).
2. Additional Terms and Conditions for your use of the Portal
(a) These Terms supplement and incorporate:
i. any Australia Oikos Care policies and terms and conditions (Australia Oikos Care Policies), including but not limited to Australia Oikos Care’s Privacy Policy;
ii. the Apple Inc. Terms and Conditions including, without limitation, the Licensed Portal End User License Agreement provided therein (Apple Terms);
iii. the Android, Google Inc. Terms and Conditions including, without limitation, the Licence Agreement and Terms of Application Portal (Android Terms); and
iv. any payment terms of our third party payment service providers.
(b) If any of the provisions of the Apple Terms, the Android Terms, terms and conditions of our third party payment service providers or any applicable Australia Oikos Care Policies conflict with these Terms, these Terms have priority, solely to the extent such Terms apply to the Portal.
3. Registering for an Account
(a) The Portal may only be used by Members who have signed up and created an account on the Portal (Account). Members who do not have Accounts will not be able to access the Portal.
(b) Basic information is required about a Member when registering for an Account. In some cases, Australia Oikos Care may offer to create an Account on behalf of a Member, based on information already held about a Member by Australia Oikos Care. In these situations, Australia Oikos Care will provide the relevant Member with login and access details. It is the Member’s responsibility, once login and access details are provided to verify that all details are correct. Once login and access details are provided, responsibility for the Account passes to the Member.
(c) Each Member may have only one Account when registering on the Portal.
(d) When registering for an Account, each Member agrees to provide accurate, current and complete information during the registration process and to update such information, including but not limited to payment details, to keep it accurate, current and complete. Australia Oikos Care reserves the right to suspend or terminate any Account and a Member’s access to the Portal if any information provided to Australia Oikos Care proves to be inaccurate, not current or incomplete. Please be advised that donations may not be able to be processed if payment details are not complete or are inaccurate.
(e) It is the Member’s responsibility to keep its Account details and password confidential. The Member is liable for all activity on its Account. The Member agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. The Member will change its password regularly.
(f) The Member will immediately notify Australia Oikos Care of any unauthorised use of its Account.
4. Member Dashboards
(a) Members may use the Portal to make donations, including but not limited to sponsoring projects or sponsoring children in need.
(b) Registering for an Account provides Members with access to a Member dashboard (Member Dashboard) which displays available donation options. Member Dashboards allow Members to, for example:
i. view and select donation options;
ii. receive updates regarding their sponsored project or child, as relevant;
iii. access and download tax invoices, including but not limited to invoices required to claim tax deductions;
iv. receive and/or request payment transaction data; and
v. alter Account settings, including to recover or change Account details, including logins.
(c) Members may contact Australia Oikos Care via the Portal, or via the contact details provided on the Portal if they have any questions regarding their Member Dashboard or any other matter.
5. Member Donations and Failure to Pay
(a) Members may make donations using one of the payment methods set out on the Portal. Please be advised that some payment methods may incur third party fees. The Member is responsible for and agrees to pay these third-party fees, including but not limited to bank transfer fees or dishonour fees, for example if the Member does not have sufficient funds to cover a payment. Australia Oikos Care does not charge fees for using the Portal.
(b) Payment details are not held by Australia Oikos Care. Payment details are processed and stored, if applicable or selected, by our third party payment service providers.
(c) In the absence of fraud or mistake, all donations and payments are final. Members cannot cancel donations and Members agree to fulfil all such payments made.
(d) If a Member makes payment by credit card, the Member warrants that the information provided to Australia Oikos Care or its third party payment service providers is true and complete, that the Member is authorised to use the credit card to make the payment, that the payment will be honoured by the Member’s card issuer, and that the Member will maintain sufficient funds in its account to cover the donation.
(e) The way donations may be made, or our pricing structure may be amended from time to time in our sole discretion. After a change, each Member has the choice to continue using the Portal, or to cease to use the Portal without penalty.
(f) Members may make donations by way of one-off payments or subscription payments, as set out on the Portal.
(g) Where Members agree to make donations by paying ongoing subscription payments, the Member agrees to satisfy all such payments and to ensure that the Member’s relevant account has sufficient funds to satisfy donation payments.
(h) We will notify you if you are late in making a payment. As above, you may be charged a dishonour fee if we are unable to take payment from your account and you agree to pay any such dishonour fee. We are not responsible for paying this fee and we will not reimburse you. If you are late in making a payment, you have 60 days to satisfy payment. Members must understand that prompt payment must be made, as donations affect the lives and livelihoods of those in need.
(i) If a Member fails to make payment of an ongoing subscription donation within 60 days, the Member’s Account may be cancelled and removed, in Australia Oikos Care’s sole discretion. We will contact you beforehand to discuss payment options and to work with you to ensure your support for those in need can continue.
6. Member Warranties and Obligations
(a) By using our Portal, you warrant that you possess the legal capability and authority to enter into the Terms and to use the Portal in accordance with the Terms; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of our Portal does not violate any applicable law or regulation.
(b) As a condition of your use of our Portal, you agree to abide by the Terms; not to provide the Portal to any third party; that Australia Oikos Care has the right to refuse you any and all current or future use of the Portal and that Australia Oikos Care reserves the right to include or exclude entry to, or remove a Member from the Portal.
(c) Members may receive confidential information about the child or children that they sponsor. If a Member receives confidential information regarding a child, the Member agrees to keep this information confidential. Members agree that they may not alter or amend any Content provided by Australia Oikos Care without Australia Oikos Care’s consent in writing.
7. Copyright and Intellectual Property
(a) Our Portal contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Portal. Australia Oikos Care, the Australia Oikos Care logo, and other Australia Oikos Care material used in connection with the Portal are unregistered or registered trademarks of Australia Oikos Care (collectively Australia Oikos Care Marks).
(b) Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Australia Oikos Care Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Australia Oikos Care (in each case whether registered or unregistered or whether capable of registration), together with any Portals for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Portal; trade, business company or organisation names; internet domain names; and Content, images and layout.
(c) You agree that, as between you and us, we own all Intellectual Property rights in the Portal, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Portal. The Portal is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Australia Oikos Care or the owner of the Content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Portal are the trademarks of their respective owners (collectively Third Party Marks).
(e) The Intellectual Property, Australia Oikos Care Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Australia Oikos Care or the applicable trademark holder. (f) Members do not obtain any interest or licence in the Intellectual Property, Australia Oikos Care Marks or Third Party Marks without the prior written permission of Australia Oikos Care or the applicable trademark holder. Members may not do anything which interferes with or breaches the Intellectual Property rights.
8. Member Licence
(a) Subject to these Terms, Australia Oikos Care grants the Member and the Member’s authorised users, including but not limited to the Member’s employees, a non-exclusive, non-transferable, limited and revocable licence to use the Portal for use only on a computer or mobile device (each a Device) owned or controlled by the Member as permitted in accordance with these Terms (Member Licence), and not to use the Portal in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
(b) The right to use the Portal is licensed to a Member and is not being sold to a Member. Members have no rights in the Portal other than to use it in accordance with these Terms.
(c) These Terms and Member Licence govern any updates to, or supplements or replacements for, this Portal, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
9. Member Information and Security
(a) The Portal may require the transmission of information provided by the Member including Member names and passwords, addresses and e-mail addresses (Member Information).
(b) If the Member uses such Portal functionality, the Member consents to the transmission of Member Information to Australia Oikos Care, its agents and/or service providers and authorises Australia Oikos Care, its agents and/or service providers to record, process and store such Member Information as necessary for the Portal functionality and for purposes described in our Privacy Policy on our Website.
(c) Member Information is stored securely. If we are aware of a breach of security, we will notify affected Members and we will cooperate with authorities regarding the breach.
(d) The Member is solely responsible for maintenance of the confidentiality and security of any Member Information transmitted from or stored on a Device for the purposes of the Portal, for all transactions and other activities in the Member’s name, whether authorised or unauthorised.
(e) The Member agrees to immediately notify us of any unauthorised transactions or breach of security associated with the Portal. We are not responsible for any losses arising out of the loss or theft of Member Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Portal.
10. Acceptable Use and Prohibited Use
(a) Use by the Member of the Portal and any Content and Member Information transmitted in connection with the Portal is limited to the contemplated functionality. The Member agrees that its use of the Portal and any Content must comply with these Terms and the Australia Oikos Care Policies. In no event may the Portal be used in a manner that:
i. harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of a person (including but not limited to rights of publicity or other proprietary rights);
ii. is unlawful, fraudulent or deceptive;
iii. uses technology or other means to access the Portal or Content that is not authorised by us;
iv. uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Portal or Content;
v. attempts to or tampers with, hinder or modify the Portal, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Portal including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Portal;
vi. attempts to gain unauthorised access to our computer network or details of other Member Accounts;
vii. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
viii. violates these Terms;
ix. attempts to damage, disable, overburden, or impair our servers or networks;
x. fails to comply with applicable third party terms and conditions; or
xi. facilitates or assists another person to do any of the above acts.
(b) You must not:
i. upload, submit or transmit any Content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
is fraudulent, false, misleading or deceptive;
denigrates Australia Oikos Care or the Portal;
transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.
contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
promotes illegal or harmful activities or substances.
ii. print, publish, modify, link to or distribute any Content from the Portal or any other documentation that we provide to you, where it has been explicitly marked as confidential;
iii. breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our Portal; alter or modify any of the code or the material on the Portal;
iv. cause any of the Portal to be framed or embedded in another website;
v. use the Portal for commercial purposes;
vi. collect or harvest any personally identifiable information, including phone number, from the Portal;
vii. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Portal; or
viii. facilitate or assist another person to do any of the above acts.
(c) Any use of the Portal in any other manner, including, without limitation, resale, transfer, modification or distribution of the Portal or text, pictures, music, video, data, hyperlinks, displays and other content associated with the Portal (Content) is prohibited.
(d) We reserve the right, in our sole discretion, to terminate any Member Licence, remove Content or assert legal action with respect to Content or use of the Portal, that we reasonably believe is or might be in violation of these Terms or any Australia Oikos Care Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
(e) Upon termination of the Terms, we have no further obligation to you, and may cease to provide the Portal to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
11. Consumer Guarantee and the Australian Consumer Law
(a) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
(b) If you are a consumer as defined in the ACL, the following applies to you: “We guarantee that the services, being the provision of the Portal and associated services, including but not limited to facilitating charitable sponsorship, we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. You are entitled to a replacement or refund for a major failure and for compensation for any reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and that failure does not amount to a major failure. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.”
(c) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for services provided to consumers is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
(d) Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12. Donation use and Disclaimers
(a) We provide the Portal to the Member as is, and the Member uses the Portal at its own risk.
(b) To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Portal is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Portal by the Member is in compliance with laws applicable to the Member or that Member Information transmitted in connection with the Portal (including as part of online payment) will be successfully, accurately or securely transmitted.
(c) Our third party agents are responsible for utilising and deploying Member donations to the projects or recipients selected by each Member. Our third party agents provide us with updates regarding a Member’s donation, how the donation is being utilised and progress with the applicable project or child, for example. These updates are provided periodically. Each Member recognises and agrees that between updates, projects may become unavailable or children may move out of the local area, for example. An illustrative example is where a Member chooses to sponsor a child, the family may move that child without notifying our third party agents, and the Member’s financial donations are unable to be deployed to assist that particular child. Our third party agents notify us of this fact in the next available update. In the interim, a Member’s donation may be used to sponsor a child in a similar situation. Members recognise and agree that these situations are outside Australia Oikos Care’s control. Australia Oikos Care notifies Members as soon as possible of any change affecting their donation, however Australia Oikos Care cannot provide refunds in these situations.
(d) We make no representation or warranties with regards to how Member donations are used or deployed by our third party agents. Australia Oikos Care has in place relevant agreements with third party agents regarding the use of donations and Australia Oikos Care may provide directions as to how donations are to be used. However, Australia Oikos Care cannot control individual actions of any of our third party agent’s employees or contractors and Australia Oikos Care makes no representations or warranties in this regard.
(e) Australia Oikos Care does not provide tax advice. Please seek advice from your accountant or tax advisor regarding the tax deductibility of your donations made using the Portal.
(f) Australia Oikos Care makes no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the Portal, technical accessibility, fitness or flawlessness of the Portal, or that your use of the Portal will not infringe rights of third parties.
13. Limitation of Liability
(a) As a condition of using the Portal, and in consideration of the Portal provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall Australia Oikos Care and its parent or related bodies corporate (i) be liable to the Member or any third party with respect to use of the Portal, including without limitation participation in online payment; and (ii) be liable to the Member or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of Member Information, the inability to use the Portal or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
i. the use of the Portal by you, including but not limited to damages resulting from or arising from your reliance on the Portal, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Portal;
ii. any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;
iii. any errors or omissions in any Content emailed, transmitted or otherwise made available or any offensive, defamatory or illegal Content;
iv. the disclosure of any of your information;
v. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
vi. Government restrictions, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
(b) To the fullest extent allowable under applicable law, the Member’s sole remedy is to cease use of the Portal or to cease participation in online payment.
(c) To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of Australia Oikos Care and its parent or other affiliated companies to a Member, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Portal, is the amount that the Member pays, if any, to Australia Oikos Care for access to or use of the Portal during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(d) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Australia Oikos Care.
14. Indemnification
(a) By using the Portal, you agree to defend and indemnify and hold us (and our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Portal; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
(b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Member, in which event the Member will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and your use of the Portal. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
15. General
(a) Amendments: Australia Oikos Care reserves the right to amend, change or modify these Terms or any other Australia Oikos Care Policies related to use of the Portal at any time and at its sole discretion by posting revisions on the Website or otherwise making revisions available on the Portal. Continuing to use the Portal following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use the Portal.
(b) Email: You acknowledge that we are able to send electronic mail and/or other electronic communications, including but not limited to ‘push’ notifications to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
(c) Governing Law and Jurisdiction: This Portal is governed by the laws of Western Australia and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia.
(d) Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
(e) Disputes: You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms, with us, prior to resorting to any external dispute resolution process. Please notify us in writing of any dispute you may have.
(f) Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
(g) Termination: The Terms are effective until terminated by us. We may terminate your Account and our contract with you, in our sole discretion, without incurring any liability to you, if:
i. you commit a non-remediable breach of these Terms; or
ii. you commit a remediable breach of these Terms and do not remedy the breach within 14 days after receiving notice of the breach.
For any questions or notice, please contact us at:
Australia Oikos Care Inc ABN 90 060 620 488 as trustee for the Australia Oikos Care Trust ABN 64 536 107 625
Unit 3, 45 Murray Street
Perth WA 6000
P (08) 9218 9809
E [email protected]
E [email protected]
Last update:18 October 2017
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