Last Modified: October 29, 2021
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.
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:
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.
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 firstname.lastname@example.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 email@example.com. 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.
You must not:
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: firstname.lastname@example.org
You must comply with all applicable third-party terms of service when using any application provided by us.
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.
Additionally, you agree not to:
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.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
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.
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
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.
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.
GOVERNING LAW AND JURISDICTION
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
WAIVER AND SEVERABILITY
SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES
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: email@example.com