TERMS AND CONDITIONS
Acceptance of Site Terms and Conditions
This website is owned, operated and maintained by WSPA Australia
Limited (WSPA).
These Terms and Conditions apply to your use of the website at
www.bricksforbears.org.au (Site). Please read these Terms and
Conditions carefully before accessing or using the information and
services available through the Site. By accessing or using
the information and services available through the Site you agree
to be bound by these Terms and Conditions.
These Terms and Conditions may be modified from time to time and
you should regularly review them.
Your continued use of the Site constitutes your agreement to these
Terms and Conditions and any modifications to them.
Buying a Brick
'Bricks for Bears' is an initiative created by the World Society
for the Protection of Animals (WSPA) and all funds raised through
this project will go towards all of WSPA's work to prevent animal
cruelty around the world including rescuing bears held inhumanely
captive in Romania. A donation through the Site by the Donor
neither entitles the Donor to, nor is dedicated to funding, a
physical brick on the wall of the Romanian Bear sanctuary. A
donation made through this Site will contribute towards increasing
the virtual brick counter by way of visual demonstration only. All
monies raised by donations made through this Site will go towards
all of WSPA's work to prevent animal cruelty around the world
including rescuing bears held inhumanely captive in Romania.
Nick Maxwell
Any views and opinions ascribed to, or expressed by, Nick
Maxwell on this Site are his own and do not represent the views and
opinions of the Collingwood Football Club.
Use and Eligibility
The Site is only intended for individuals who can form legally
binding contracts. By using the Site you are representing and
warranting that you are over 18 years of age and able to enter into
contracts. Do not use the Site if you do not qualify.
You must not use the Site to:
(a) impersonate or otherwise misrepresent your
identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or
servers or networks connected to the Site, or disobey any
requirements, procedures, policies, or regulations of networks
connected to the Site;
(c) attempt to gain unauthorised access to the
Site or computer systems or networks connected to the Site through
any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the National
Privacy Principles as set out by the Privacy Act 1988 (Cth);
(f) collect or store data about other users,
including e-mail addresses; and
(g) violate any applicable state, Commonwealth
or international law, convention or regulation.
Access
WSPA reserves the right to deny you access to, or use of, all or
part of the Site, without prior notice, if you engage in any
conduct that WSPA believes, in its sole discretion:
1.2 violates any term or provision of these
Terms and Conditions;
1.3 violates the rights of WSPA or third
parties; or
1.4 is otherwise inappropriate for continued
access and use of the Site.
You acknowledge that WSPA has no obligation to monitor your access
to or use of the Site, but has the right to do so for the purpose
of operating the Site, or to ensure compliance with these Terms and
Conditions, or to comply with any law or order of a court.
Prohibited Content and Activity
The Donor must not permit offending content to be placed
on the Site or any other website on which WSPA or its related
bodies corporate may choose to display content at their sole and
absolute discretion (Related Site). WSPA reserves the right
to investigate and take appropriate legal action against any person
who, in WSPA's sole discretion, breaches the requirements of this
clause by placing offending content on the Site. WSPA may,
without limitation, remove offending content from the Site or any
Related Site.
Offending content includes, but is not limited to, content that
is:
1.5 Offensive or promotes racism, bigotry,
hatred or physical harm of any kind against any group or
individual;
1.6 Harasses or advocates harassment of another
person;
1.7 Exploits people in a sexual or violent
manner;
1.8 Contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
1.9 Solicits personal information from anyone
under 18;
1.10 Publicly posts information that poses or
creates a privacy or security risk to any person;
1.11 Constitutes or promotes information that is
known to be false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or
libellous;
1.12 Constitutes or promotes an illegal or
unauthorised copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing
information to circumvent manufacturer-installed copy-protect
devices, or providing pirated music or links to pirated music
files;
1.13 Involves the transmission of 'junk mail',
'chain letters' or unsolicited mass mailing, instant messaging or
'spamming';
1.14 Contains restricted or password only access
pages or hidden pages or images (those not linked to or from
another accessible page);
1.15 Furthers or promotes any criminal activity
or enterprise or provides instructional information about illegal
activities including, but not limited to making or buying weapons,
violating someone's privacy, or providing or creating computer
viruses or other harmful code;
1.16 Solicits passwords or personal identifying
information for commercial or unlawful purposes from other
people;
1.17 Includes a photograph or video of any
person without that person's consent;
1.18 Violates the privacy rights, publicity
rights, copyrights, trademark rights, contract rights or any other
rights of any other person; or
1.19 Promotes propaganda and/or symbols of
organisations which are unconstitutional or illegal in Australia or
any of its States or Territories.
Links
Neither WSPA nor its officers, directors, employees, agents, or
related bodies corporate recommend or endorse the content or
privacy practices of any third party sites which may be linked to
or from the Site. You acknowledge that you enter any third
party sites at your own risk and that WSPA is not responsible for
third party sites.
You are welcome to link to this Site, provided that in doing so
you do not use any trade marks featured without permission or link
to this Site from a Site or in a manner which disparages the
reputation of WSPA or its related bodies corporate.
Intellectual Property Rights/ Limited Licence to use the
Site
The information, text, materials, graphics, logos, button
icons, images, video and audio clips, trade marks (whether
registered or not), advertisements, layout, arrangement, graphical
user interface, look and feel, and control features of the Site
(Content) is protected by copyright, trade mark and other
intellectual property laws.
You must not modify, copy, reproduce, republish, upload to a third
party, communicate or distribute in any way the Content, except in
accordance with these Terms and Conditions or as permitted by Part
3 - Division 4A of the Copyright Act 1968 (Cth).
WSPA's logo and name are the property of WSPA and/or its related
bodies corporate and may not be used as part of your business or in
connection with any goods and services without the prior written
consent of WSPA.
BRICKS FOR BEARS™ is a pending trade mark application of
WSPA.
If you consider that any Content on the Site breaches your
intellectual property rights please notify WSPA. Notification
and any action that WSPA may take in response to the notification
is not an admission that there has been a breach of intellectual
property rights, or that WSPA accepts any liability in relation to
such a breach. WSPA does not guarantee to take any action if
notified under this clause.
Donations Made
The Donor warrants that the donations that they are
making to WSPA 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
WSPA that they are making the donation in their own right or with
full authority and continually indemnify WSPA 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 WSPA
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.
Whilst WSPA will take all reasonable steps to ensure any personal
information including credit card details provided through the
Donor's use of the Site are kept secure and confidential, WSPA
makes no warranties as to the security of or confidentiality of the
information provided.
Indemnity
You agree to indemnify, defend, and hold harmless WSPA,
and its officers, directors, shareholders, employees, consultants,
licensors, suppliers, agents, and related bodies corporate from any
and all third-party claims, liability, damages, and costs
(including, but not limited to, reasonable lawyers' fees) arising
from your use of the Site or your failure to comply with these
Terms and Conditions, or from your violation of any applicable
law.
Disclaimer of Warranties and Limitation of
Liability
Subject only to clause 27 below:
1.20 this Site is provided by WSPA on an "as is"
basis without any express or implied warranty of any kind;
1.21 the World Wide Web exists across open
public networks that are neither secure nor private. Accordingly,
you acknowledge and accept the risk that any communication to or
from the Site may be intercepted, used or modified by third
parties;
1.22 WSPA does not warrant that access to or use
of this Site will be uninterrupted or error free or that the Site
or any material on or accessible through the Site is free from
errors or viruses, worms, trojan horses, time bomb, cancelbot or
other harmful components;
1.23 WSPA does not warrant anything about the
reliability, ownership, accuracy, completeness, timeliness,
quality, physical state or suitability for a particular purpose of
any Content, software, text, graphics, links, communications, or
any other material provided on or accessible through the use of the
Site;
1.24 WSPA may change any of the material on the
Site at any time without notice;
1.25 WSPA makes no commitment to update any
material on the Site;
1.26 you are responsible for assessing the
accuracy, reliability, suitability and accuracy of the
material on or accessible through the Site;
1.27 you accept all risks and responsibility for
all loss, damage, costs and other consequences resulting from using
the Site or the material on or accessible through the Site;
and
1.28 in no event shall WSPA be liable for any
direct, special, indirect, incidental, consequential loss
(including among other things loss of any data, revenue or
profits), punitive, or exemplary, damages of any kind or subject to
equitable or injunctive remedies (whether based on breach of
contract, tort, negligence, strict liability or otherwise) arising
out of access to, or use of this Site, or delay or inability to use
this Site, or any information contained in this Site;
Where the laws of any country or state in which these Terms and
Conditions are effective implies into these Terms and Conditions
any term, condition or warranty, and those laws void or prohibit
provisions in a contract excluding or modifying them, then the
term, condition or warranty shall be deemed to be included in these
Terms and Conditions provided that the liability of WSPA, its
officers, directors, employees, agents and related bodies
corporate for a breach of any such term, condition or warranty,
including any economic or consequential loss which you may sustain
shall be limited, at the option of WSPA, to:
1.29 in the case of services, the supply of the
services again, or the payment of having the services
resupplied;
1.30 in the case of goods, the replacement or
repair of the goods, the supply of equivalent goods, or the payment
of the costs of replacing or repairing the goods or acquiring
equivalent goods; and
1.31 the refund of any Donations made through
the Site.
Nothing in this limitation of liability shall exclude liabilities
not permitted to be excluded by applicable law.
Assignment
These Terms and Conditions may not be dealt with in any
way by you (whether by assignment or otherwise) without WSPA's
prior written consent. You agree that WSPA may assign this
agreement to a third party without notice.
Governing law
These Terms and Conditions are governed by and construed according
to the law of the State of New South Wales, Australia and each
party submits to the non-exclusive jurisdiction of the courts of
that State.
Entire Agreement
These Terms and Conditions constitute the entire agreement between
you and WSPA with respect to this Site, and the Terms and
Conditions replace all prior or contemporaneous understandings or
agreements, written or oral, regarding the Site.
General
WSPA shall not be liable by reason of the failure in the
performance of obligations under the Terms and Conditions by reason
of strikes, riots, fire, explosion, acts of God, governmental
action, or any other cause which is beyond the reasonable control
of WSPA, including any form of technological failure or the actions
of third parties.
If any provision of these Terms and Conditions is found to be
invalid or unenforceable, that provision shall be enforced to the
maximum extent possible and will be deemed deleted to the extent
that it is nor enforceable, and the remaining provisions of the
Terms and Conditions shall remain in full force and effect.
The failure by WSPA to insist upon or enforce strict performance
of any of these Terms and Conditions will not be construed as a
waiver of any right or remedy of WSPA in respect of any existing or
subsequent breach of these Terms and Conditions.
Thank you for your cooperation. Questions or comments
regarding this Site should be directed by electronic mail to wspa@wspa.org.au or via mail to WSPA
at:
Address: WSPA Australia
Suite 1, 2 Northcote Street
St Leonards NSW 2065.