Terms & Conditions

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ACCEPTANCE OF THE TERMS OF USE

Last Modified: October 29, 2021

These terms of use are entered into by and between You and Friends of Australian Wildlife Conservancy (“Organization,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of www.friendsofaustralianwildlife.org, including any content, functionality and services offered on or though www.friendsofaustralianwildlife.org (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.friendsofaustralianwildlife.org/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Certain elements or functionality of the Website may be subject to additional terms and conditions specified from time to time; your use of those elements or functions of the Website is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.

This Website is offered and available to users who are eighteen (18) years of age or older, or the age of legal majority in your jurisdiction of residence. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Organization and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

MODIFICATIONS TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the “Governing Law and Jurisdiction” section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website, and any amenity or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

DONATIONS; PAYMENT AUTHORIZATION

Donations.  If you wish to make a donation to us through the Website (a “Donation”), you may be asked to supply certain information relevant to your Donation, including without limitation, your debit/credit card number or other payment account number, full legal name and billing address. You represent and warrant that you are eighteen (18) years of age or older (or the age of legal majority in your jurisdiction of residence) and have the legal right to use any payment means used by you to initiate any Donation. By submitting such information, you grant us, or our payment processor, the right to provide such information to third parties for purposes of facilitating the completion of Donations initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any Donation. We reserve the right, in our sole discretion, to refuse or cancel any Donation for any reason. We, or our payment processor, may automatically process charges against your selected payment method. We, or our payment processor, will inform you if all or any portion of your Donation is cancelled or if additional information is required to accept your Donation. Any agreement you have with your payment provider governs your use of your specified payment method.

Recurring Donations.  You may make a recurring monthly Donation (i.e., a charge automatically deducted from your bank account or debited against your debit/credit card). Should you wish to do so, your election to not terminate such recurring Donation reaffirms on a monthly basis that we are authorized to process charges against your selected payment method for that particular month until such termination of a recurring Donation by you. Absent such termination by you, we may continue to submit the charges for payment and you will be responsible for such charges. We may seek payment directly from you if your selected payment method is declined at any time for any reason.

Payment Authorization. Your payment information may be collected, processed and stored by a third-party payment processor. You represent and warrant that you have the legal right to use all payment method(s) that you provide. Your authorizations in this section also apply to our third-party payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method with respect to your Donation, either on a one-time or recurring basis, and/or to place a hold on your payment method with respect to any unpaid charges for your Donation. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms of Use shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither the Organization, nor any Organization third party vendor, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms of Use. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

 

Third-Party Payment Processors. You agree to make your Donation to us through our third-party payment processors. You agree to make payment associated with such Donation using the payment method provided. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes associated with such payment, even if payment has already been requested or received.

 

Cancellation.  Donations may be cancelled upon request. Please contact us at (917) 209-2194 or  vmerrin@friendsofaustralianwildlife.org.

 

Donation Inquiries and Refunds. If you believe you have been billed in error with respect to a Donation, please notify us within thirty (30) days of the billing date by contacting (917) 209-2194 or vmerrin@friendsofaustralianwildlife.org. The Organization will not issue refunds after the expiration of this thirty (30) day period, except where required by applicable law.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Organization, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

  • Your computer may temporarily store copies of such materials in random access memory (“RAM”) incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • You may share a uniform resource locator (“URL”) from the Website with others.

You must not:

  • Modify or create derivative works based on any materials from the Website or any application provided to you, as applicable.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
  • Access or use for any commercial purposes any part of the Website or any amenities or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: vmerrin@friendsofaustralianwildlife.org

You must comply with all applicable third-party terms of service when using any application provided by us.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, or any content thereof, is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the Website not expressly permitted by these Terms of Use is a breach of such Terms of Use and may violate applicable copyright, trademark and other laws.

TRADEMARKS

The Organization name, the term, “Friends of Australian Wildlife Conservancy”, and all related names, logos, product and service names, designs and slogans are trademarks of the Organization or its affiliates or licensors. You must not use such marks without the prior written permission of the Organization. All other names, logos, product and service names, designs and slogans on the Website, if any, are the trademarks of their respective owners.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable U.S. federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standardsset forth below.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Organization, an Organization employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Organization or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Collect or store any personally identifiable information from any Website user without their express permission.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or content thereof.
  • Otherwise attempt to interfere with the proper working of the Website.

USER COMMENTS POLICY

The Website contains a message board or weblog (“blog”) that allows users to post, submit, publish, display or transmit to other users or other persons (hereinafter “post”) content (hereinafter “User Comments”) on or through the Website.

All User Comments must comply with our User Comments Policy as herein set forth in these Terms of Use. All User Comments:

  • Will be considered non-confidential and non-proprietary.
  • Must not include hyperlinks.
  • Must not include personal identifiable information.
  • Must not include profane or inappropriate words.
  • Must not taunt us or other Website users.
  • Must not involve commercial activities or sales.
  • Must not give the impression that they emanate from or are endorsed by us or any other person, if this is not the case.
  • Must not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Must comply with all applicable federal, state, local and international laws and regulations.
  • Must comply with these Terms of Use.

You further understand and acknowledge that you are responsible for any User Comments you post and you, not us, are fully responsible and liable for all such content, including its legality, reliability, accuracy and appropriateness. By providing User Comments on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, display, distribute and otherwise disclose to third parties any such material in our sole discretion. We reserve the right to remove any User Comments that violate these Terms of Use, including our User Comments Policy, or for any other reason which we deem appropriate.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Refuse to accept any Donation for any reason in our sole discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, including but not limited to a Donation that constitutes money-laundering.
  • Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone making a Donation or posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ORGANIZATION DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE ORGANIZATION OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications or content provided by any third party. We have no liability or responsibility to any Website user for performance or nonperformance of the activities described in this section.

COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that any content published on our Website violates your copyright, please contact us using the details found below.

CHANGES TO THE WEBSITE

Content on the Website is updated from time to time and we reserve the right to update, add to, modify, enhance, remove, alter or otherwise change the content at any time in our sole discretion.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage of the Website, 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.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

The Website may from time to time contain links to other sites and resources provided by third parties; these links are provided for your convenience only. We neither control nor endorse these sites, nor have we reviewed or approved the content that appears on them. We are not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other material on or available from any such third-party sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.

GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the State of New York, USA. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so of your own volition and are responsible for compliance with all applicable laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and security measures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY AMENITIES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY AMENITIES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY AMENITIES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ORGANIZATION NOR ANYONE ASSOCIATED WITH THE ORGANIZATION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY AMENITIES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, OR ANY AMENITIES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ORGANIZATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY AMENITIES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER DAMAGE, SYSTEM FAILURE AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT THAT ONE OR ANY ASPECT OF OUR LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Organization, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including but not limited to, any use of the Website’s content, amenities and products other than as expressly authorized by these Terms of Use, or your use of any information obtained from the Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut (“Governing Law”) without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York (“Jurisdiction”) although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association applying New York law. This arbitration provision shall survive any termination of these Terms of Use.

CLASS ACTION WAIVER

we agree that each of us may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by the Organization of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

These Terms of Use are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign or transfer these Terms of Use without our prior written consent. We may assign our rights, obligations and/or these Terms of Use at any time in our sole discretion without notice to you.

ENTIRE AGREEMENT

The Terms of Use, together with our Privacy Policy, constitute the sole and entire agreement between you and Friends of Australian Wildlife Conservancy with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

YOUR COMMENTS AND CONCERNS

This Website is owned and operated by Friends of Australian Wildlife Conservancy: 121 Nassau Street, Suite 41B, New York, NY 10038, USA.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to Venessa Merrin: vmerrin@friendsofaustralianwildlife.org