Terms of use

Introduction

This website and its contents (“the Website”) is owned by IMPACT PHILANTHROPY (ABN 83920779027) trading as Impact Philanthropy (collectively referred to as “we”, “us” or “our”) of Suite 4, Level 7, 99 York Street, Sydney, NSW, 2000, Australia.

You acknowledge that by accessing or using the website, you agree to be bound by these Terms and Conditions and to comply with any changes made to them. Impact has the right to make changes to the Terms and Conditions at any time without prior notice. It is recommended that you regularly check this document for any updates.

Applicable law

The Terms and Conditions of using the Website are governed by and construed in accordance with the laws of New South Wales, Australia. Users must agree to the exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of the Terms and Conditions is found to be invalid, illegal, or unenforceable, it will be ignored and all other provisions will remain in full force and effect. The Website’s content may not comply with the laws of countries outside of Australia and all rights not explicitly granted in the Terms and Conditions are reserved.

Third-party websites and advertisements

The Website may contain links to third-party websites and advertisements from third-party advertisers. Impact is not responsible for and accepts no liability for the content or condition of these third-party websites or advertisements. Impact does not endorse the content of these websites unless specifically stated. If you choose to access a third-party website or purchase goods or services from a third-party advertiser, you do so at your own risk and the third party, Impact is not responsible for any representations or offers made.

Competitions, Offers, Programs, and Promotions

The Website may include various competitions, offers, programs, or promotions from Impact or third-party providers. The specific terms and conditions for each of these events will be specified on the relevant part of the Website at the time they are available. By participating in these events, you agree to be bound by the respective terms and conditions. Impact reserves the right to modify, add, or remove any competition, offer, program, or promotion at any time and without notice, and assumes no liability for such changes.

Liability Disclaimer and Exclusion

The Website is provided on an “as is” basis. Impact has made reasonable efforts to ensure that the information on the Website is correct and current, but we cannot guarantee that it is free from errors, omissions, or defects.

Impact, its affiliates, and their directors, employees, agents, and contractors, to the fullest extent permitted by law, do not make any representation, warranty, or endorsement, whether express or implied, regarding the operation of the Website, your access to it, or the results of that access, or the information, content, materials, or products on the Website.

Impact, its affiliates, and their directors, employees, agents, and contractors do not warrant that the functions on the Website will be uninterrupted or error-free, or that any defects will be corrected, or that the server that stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions, guarantees, or warranties imposed by law and to the maximum extent permitted by law, Impact, its affiliates, and their directors, employees, agents, and contractors will not be liable for any indirect, incidental, special, or consequential damages or loss of profits resulting from the use or access to, or the inability to use or access, the Website or arising from or in connection with any goods or services supplied by Impact through the Website.

If Impact is found liable for any breach of any implied guarantee, warranty, or condition that cannot be excluded by law, our liability, at our option, will be limited to:

• In the case of services, the re-supply of the services or the payment of the cost of having the services re-supplied.
• In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Indemnity

You agree to indemnify and keep indemnified Impact, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Posting or Transmitting Content on the Website

You are prohibited from posting or transmitting any defamatory, threatening, obscene, harmful, pornographic, or other material that violates or infringes the rights of others, or would give rise to criminal or civil liability and/or violate any relevant law or regulation through the Website. Additionally, you must not upload, post, or make available any material protected by copyright, trademark, or other proprietary rights without obtaining the express permission from the rightful owner of these rights.

By posting any creative “materials” on the Website, you grant Impact the perpetual and unrestricted right to use, publish, and modify such content in any way they see fit. The materials posted on the Website become the property of Impact.

Intellectual Property and Use of Content Restrictions

The Website is protected by copyright laws under Australian jurisdiction and under international treaties, as well as the laws of various other countries. The Website includes trademarks, intellectual property, and copyright-protected works that are owned by both Impact and third parties. Unless specifically allowed for the purpose of viewing, accessing, or interacting with the Website for personal use or as specified on the Website or these Terms and Conditions, you may not copy, publicly share, modify, distribute, store, or incorporate any part of the Website into another website without obtaining Impact’s prior written consent.

Termination of Use and Cancellation Policy

Impact reserves the right to modify the content of the Website, remove links, or restrict access to it at any time without notice. This includes the right to terminate memberships, cancel orders, or change prices for goods and services. Impact will not be responsible for any losses or damages that may result from the exercise of these rights. Any indemnities given by you and any limitations on Impact’s liability will remain in effect even after termination.