WaterAid website terms and conditions
This page sets out the terms on which you may access and make use of our website www.wateraid.org.au. Please read these terms and conditions carefully before you start to use the Site. By using the Site, you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
In these terms and conditions the following terms shall have the following meanings:-
(a) References to “WaterAid”, “our”, “we” or “us” are references to WaterAid, described in more detail in clause 1 below.
(c) References to “the terms and conditions” are references to these terms and conditions as updated or amended from time to time.
(d) References to “the Site” are references to this website: www.wateraid.org.au
1. INFORMATION ABOUT US
www.wateraid.org.au is a site operated by WaterAid Australia Limited ABN 99 7000 687 141 of Level 9, 176 Wellington Parade East Melbourne VIC 3002.
2. ACCESSING THE SITE
2.1 If you are under 16 please check with your parent or guardian before using the Site.
2.2 Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be responsible if for any reason the Site is unavailable at any time or for any period.
2.3 From time to time, we may restrict access to some parts of the Site, or the entire site.
2.4 We do not guarantee that the functions or materials accessible from our or contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or faults. You are responsible for ensuring that your computer system meets all technical specifications necessary to use the Site and is compatible with the Site.
3. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it, including text, graphics, videos, logos, icons, sound recordings and software. All such rights are reserved.
3.1 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site.
3.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.3 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3.4 You must not use any part of the materials on the Site for commercial purposes without obtaining written consent from us or our licensors. Please send any written requests to use content from the Site to [email protected]
3.5 If you print off, copy or download any part of the Site in breach of these terms and conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4. THE SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. However, any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
5. OUR LIABILITY
5.1 We may supply you with goods or services which are supplied with guarantees granted by the Competition and Consumer Act 2010 (Cth) that cannot be excluded. To the extent permitted by law:
5.1.1 If we breach a guarantee in a way that is a major failure, then you would be entitled to a replacement or refund of the good or service, and compensation for any other reasonably foreseeable loss or damage;
5.1.2 If we breach a guarantee in any other way, then you would be entitled to have the good repaired or (at our option) replaced or the service to be provided again if the good or service fails to be of acceptable quality or fit for purpose;
5.1.3 You acknowledge and agree that it is fair and reasonable for us to rely on this clause.
5.2 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our affiliated organisations and third parties connected to us hereby expressly exclude:
5.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
5.2.2 any liability for any loss or damage whether direct, indirect or consequential incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it (including the use of any third party payment sites to facilitate any donations by you to us) and any materials posted on it;
5.2.3 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.3 Clause 5 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under any applicable law.
5.4 If we are liable to you for any reason, and to the extent our liability may be excluded, our liability will be limited to $300 (Australian dollars). This limit does not apply to any liability we may have under Clause 5.2 or clause 5.3 above.
5.5 You are responsible for implementing sufficient procedures and virus checks to satisfy your requirements.
6. PROHIBITED USES
6.1 You may use the Site only for lawful purposes. You may not use the Site:
6.1.1 in any way that breaches any applicable local, national or international law or regulation;
6.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
6.1.3 in any way which harms or has significant risk of harming children or vulnerable adults in any way;
6.1.4 to send, receive, upload, download, use or re-use any material which does not comply with our content standards below;
6.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
6.1.6 to knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.
6.2 You also agree:
6.2.1 not to reproduce, duplicate, copy or re-sell any part of the Site; or
6.2.2 not to access without authority, interfere with, alter, damage or disrupt:
(a) any part of the Site;
(b) any equipment (including telecommunications equipment) or network on which the Site is stored;
(c) any software used in the provision of the Site; or
(d) any equipment or network or software owned or used by any third party.
6.2.3 to abide by the WaterAid Australia Child Safeguarding Policy.
7. CONTENT STANDARDS
7.1 If you upload any content to the Site, you agree to accept the following rules at all times:
7.2 Contributions must:
7.2.1 be accurate (where they state facts including information you provide to us about yourself in your profile);
7.2.2 be genuinely held (where they state opinions);
7.2.3 comply with applicable laws in Australia and in any country from which the Contributions are posted.
7.3 Contributions must not:
7.3.1 contain any material which is defamatory;
7.3.2 contain any material which is obscene, offensive, vulgar, hateful or inflammatory;
7.3.3 promote or contain sexually explicit material;
7.3.4 promote violence;
7.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.3.6 infringe any right including (but not limited to) copyright, database right or trade mark of any other person;
7.3.7 be likely to deceive any person;
7.3.8 be made in breach of any law or regulation, whether criminal, tortious or otherwise;
7.3.9 promote any illegal activity;
7.3.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
7.3.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
7.3.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
7.3.13 give the impression that they emanate from us, if this is not the case; or
7.3.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
7.3.15 bring the Site, WaterAid (or any of WaterAid entities or affiliates) or the WaterAid name into disrepute; or
7.3.16 send unsolicited bulk email or spam to other users.
7.4 WaterAid does not moderate any content posted on the Site. WaterAid accepts no responsibility for any content but reserves the rights to remove or edit content at any time.
7.5 If any of these rules are broken by you or other users or if you have any other concerns about materials posted on the Site, please write to us at [email protected] immediately.
8. SUSPENSION AND TERMINATION
8.1 We will determine, in our discretion, whether there has been a breach of these terms and conditions through your use of the Site. When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.
8.2 Failure to comply with these terms and conditions constitutes a material breach of these terms and conditions and may result in our taking all or any of the following actions:
8.2.1 immediate, temporary or permanent withdrawal of your right to use the Site;
8.2.2 legal proceedings against you for reimbursement of all costs resulting from the breach;
8.2.3 further legal action against you; or
8.2.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
9. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
9.2 The WaterAid websites provide an international facility for donations to be made in multiple currencies. This allows supporters from any country to make a donation to WaterAid on any of our websites, and for that donation to automatically be made to, and managed by, the relevant local WaterAid Member organisation (if you're not from a country that has a WaterAid Member office then your donation, and ongoing relationship, will be managed by the WaterAid Member organisation with responsibility for supporters in your country). The WaterAid Member who is responsible for your relationship will be identified on the donation confirmation page that you will see and in the transaction confirmation email that you will receive.
9.3 We may use third party service providers to provide an online payment gateway so as to allow your donation to be made securely and in compliance with the Payment Card Industry Data Security Standard. When you use these third party service providers, you will be subject to their terms and conditions.
10. LINKING TO THE SITE
10.1 You may link to our webpages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 The Site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please address your request to [email protected]
11. LINKS FROM THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents or availability of those sites or any products or services offered through such sites. We do not endorse and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding an external link should be directed to [email protected] immediately.
12. JURISDICTION AND APPLICABLE LAW
12.1 The courts of Victoria, Australia will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
12.2 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia.
12.3 We have used reasonable endeavours to ensure that the Site complies with Australian law, but cannot ensure that it is appropriate or available for use in every territory outside Australia. Those who visit the Site from other territories are responsible for compliance with all applicable laws. If use of the Site and/or viewing of it, or use of any material or content on the Site or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Site and you must exit immediately.
We may revise these terms and conditions at any time and without prior notice by amending this page or posting a new set of terms and conditions on the Site. You are expected to check this page frequently to take notice of any changes we made. Your continued use of the Site after amendments or a new set of terms and conditions are posted constitutes your acceptance of these terms and conditions as modified. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.
14.1 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
14.2 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be separated from the other terms and conditions and shall be deemed to be deleted from them.
14.3 All notices shall be given:
14.3.1 to us via email to [email protected]; or
14.3.2 to you at the email address you provide when using the Site.
14.4 Please see WaterAid’s Customer Direct Debit Service Agreement when making an ongoing monthly regular gift.
15. YOUR CONCERNS
If you have any concerns about material which appears on the Site, please contact [email protected]
Thank you for visiting the Site.