Terms and Conditions (Donation)
Introduction
Welcome to the terms and conditions applicable to persons wishing to make donations
to charities using the Yoga Aid website (Website).
These terms and conditions govern your access to and use of the Website for making
donations to our Charity Partners.
Please read and consider these terms and conditions carefully. You will need to
agree to all of these terms and conditions to use the Website to make donations
to our Charity Partners.
The Website is owned and operated by an Australian proprietary limited company called
Yoga Aid Pty Ltd (ABN 61 130 318 919) (Yoga Aid). The terms "we",
"us" and "our" refer to Yoga Aid and the terms "you"
and "your" refer to any prospective donor who accepts these terms and
conditions.
You (and if you are under 18 years of age, your parent or guardian on your behalf)
acknowledge that by clicking on the "I accept" button, you are agreeing
to be legally bound by these terms and conditions and you are immediately entering
into a binding and enforceable contract with us in relation to your access to and
use of the Website for making donations to our Charity Partners and any other matter
dealt with in these terms and conditions.
Terms and Conditions
1. Parental supervision
1.1 Any person under 18 years of age who would like to donate through
the Website must be authorised to do so by a parent or guardian.
2. Use of the Website
2.1 The content of the Website is subject to change without notice.
2.2 Yoga Aid reserves the right to modify, suspend or discontinue all
or any part of the Website at any time without notifying you.
2.3 You must not use the Website in a manner that causes, or may cause,
the Website or access to the Website to be interrupted, impaired or damaged in any
way.
2.4 You must not use the Website to send junk or spam emails.
2.5 You must not access or attempt to access any part of the Website
which you are not authorised to access.
2.6 You must not use or attempt to use the Website in a manner or for
a purpose that contravenes a law or regulation or is otherwise unlawful.
3. Charity Partners
3.1 Yoga Aid has in place contractual arrangements with a number of
charities (Charity Partners) authorising us to collect donations on the Website
on their behalf.
3.2 Yoga Aid cannot collect donations on behalf of a charity organisation
without the written permission of the charity organisation.
3.3 Charity organisations often have similar names. You must confirm
the Charity Partner you will be donating funds to is the intended recipient of your
donation.
3.4 Yoga Aid is not responsible for the actions of its Charity Partners,
nor for how they use the donations they receive through the fundraising services
of the Website.
3.5 Yoga Aid does not represent or warrant that a Charity Partner is
constituted or operating lawfully or that any donation raised on behalf of a Charity
Partner through the fundraising services of the Website will be used by the Charity
Partner in a particular manner or be applied by the Charity Partner to a specific
project or appeal.
3.6 Yoga Aid is unable to address any complaint you may wish to make
in relation to the use of your donation by the Charity Partner you have donated
to. Any such complaint must be made directly to the relevant Charity Partner and
will be governed by the relevant Charity Partner's complaints procedure.
3.7 Yoga Aid is required to provide your name, contact details and donation
amount to the Charity Partner you have donated to. The provision of this information
is governed by our Privacy Policy. By agreeing to these terms and conditions you
warrant that you have read and understood the Yoga Aid Privacy Policy which can
be accessed at [insert link].
4. Fees and charges
4.1 Yoga Aid is currently only able to process donations made by credit
card.
4.2 Unlike many online donation websites, Yoga Aid does not charge its
own agency fee for providing the fundraising services of the Website to event participants
/ fundraisers, donors and our Charity Partners.
4.3 However, banks, financial institutions, credit card issuers and
transaction facilitators (Third Parties) impose fees and charges on us. These
fees vary but are typically a 2% credit card processing fee and a transaction fee
of $0.50 per transaction. These fees and charges are subject to change at any time.
4.4 Yoga Aid will deduct any fees and charges of Third Parties from
your donation and pay them to the relevant Third Parties. By accepting these terms
and conditions you authorise us to do so.
4.5 For example, if a donation of $100 is made via Mastercard to a Charity
Partner:
Donation made $100.00
Credit card processing fee (2%) $2.00
Financial institution transaction fee $0.50
Total fees and charges $2.50
Charge for Yoga Aid service $0.00
Amount Charity Partner receives $97.50
% of donation Charity Partner receives 97.5%
5. Credit card use
5.1 You must not use an invalid credit card.
5.2 You must not make an unauthorised use of a credit card.
5.3 Once a donation is made, the transaction is final and not subject
to dispute unless unauthorised use of the credit card is proved.
5.4 Yoga Aid is not responsible for any unauthorised use of a credit
card.
5.5 If you become aware or suspect your credit card is lost, has been
stolen or has been used without authorisation you must contact the issuer of the
credit card and comply with their reporting rules.
6. Security of payments
6.1 The Website uses SSL encryption to protect the transfer of your
personal and financial information. Yoga Aid will not be liable if, notwithstanding
this precaution, your personal information and financial information is misappropriated
other than by the wilful misconduct or gross negligence of Yoga Aid.
6.2 Yoga Aid does not store credit card details.
6.3 Yoga Aid retains a summary of the transaction including the amount
of the transaction, the transaction date and the approval code and you authorise
us to do so.
7. Refunds
7.1 Yoga Aid operates an online fundraising service that allows individuals
and organisations to raise funds for our Charity Partners. Yoga Aid collects donated
funds on behalf of our Charity Partners and does not process refunds or refund requests.
7.2 If you would like to request a refund please contact the relevant
Charity Partner directly.
8. Intellectual property
8.1 You must not use any material on the Website without the express
written permission of the holder of the intellectual property rights to that material.
9. Links to other websites
9.1 The Website may contain links to other websites.
9.2 You acknowledge and accept that Yoga Aid does not control any external
websites which may be accessed via a link located on the Website.
9.3 You acknowledge and accept that the obligations of Yoga Aid under
these terms and conditions do not apply once a link on the Website has been used
to access another website.
10. Disclaimer and no liability
10.1 To the full extent permitted by law, Yoga Aid:
(a) makes no representation and gives no warranty or undertaking
as to the accuracy, reliability, completeness, fitness for purpose or suitability
of the information located on the Website or any other information;
(b) does not accept any responsibility for any error in, or inaccuracy
in, or unsuitability of, or omission from, the Website or any other information
(whether negligent or otherwise); and
(c) is not liable (whether in negligence or otherwise) for any
loss or claim arising as a result of you acting or refraining from acting on any
recommendation or on the basis of any information located on the Website or any
other information,
and, in any case you warrant that you have not in any way relied on the information
located on the Website or any other information and have made your own enquiries
about all such information.
11. Breach of terms
and conditions
11.1 You shall at all times release and indemnify Yoga Aid, its servants,
employees and agents from and against any loss or liability incurred by Yoga Aid
arising from any claim, demand, suit, action or proceeding by any person against
Yoga Aid, its servants, employees and agents where such loss or liability arose
out of, in connection with, or in respect of, a breach by you of these terms and
conditions.
11.2 In the event that you fail to comply with these terms and conditions,
Yoga Aid reserves the right to immediately, or at any later stage, suspend your
access to all or any part of the Website and the fundraising services of the Website
without notifying you.
11.3 Yoga Aid does not accept responsibility or liability for a breach
by us of these terms and conditions in circumstances where the breach results from
events or circumstances beyond our control.
12. Other
12.1 Your use of the Website, these terms and conditions and the contractual
relationship between you and Yoga Aid and any dispute in connection with these matters
is governed by the laws of New South Wales, Australia and you submit to the jurisdiction
of the courts of that State and of any court that may hear appeals from any
of those courts, for any proceedings in connection with these matters.
12.2 Any provision of these terms and conditions which is unenforceable
or partly unenforceable is, where possible, to be severed to the extent necessary
to make the remaining terms and conditions enforceable, unless this would materially
change the intended effect of the terms and conditions.
12.3 These terms and conditions may be modified by us at any time and
such modification shall be effective immediately upon web posting of the modified
terms and conditions. Your continued use of the Website shall be deemed to be your
conclusive acceptance of the modified terms and conditions.
12.4 These terms and conditions contain the entire agreement between
you and Yoga Aid in respect of your use of the Website to make donations to our
Charity Partners. Any previous understanding, agreement, representation or warranty
relating to that subject matter is replaced by these terms and conditions and has
no further effect.