Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE 

1. Introduction
   Welcome to Australiancommunityfundraising.com.au (the “Website”). The Website operates ticket sales for Raffles and Art Unions to facilitate fundraising for community causes (the “Services”). The Website is operated by Australian Community Fundraising in conjunction with Australian Community Fundraising Partners Ltd (ACN 683808746 (ACF P/L) 638238301 (ACFP Ltd)). Access to and use of the Website, or any of its associated Products or Services, is provided by Australian Community Fundraising with Australian Community Fundraising Partners Ltd (referred to as “ACF,” “we,” “us,” or “our”).
2. Acceptance of Terms
   Please read these terms and conditions (the “Terms”) carefully. By using, Browse, and/or reading the Website, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Website or any of the Services immediately. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by ACF in the user interface.
3. Changes to Terms
   ACF reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ACF updates the Terms, we will use reasonable endeavors to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
4. Website and Services Modifications
   You agree that ACF may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. ACF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
5. Registration to Use the Services
   To access the Services, you must first register for an account through the Website (an “Account”).
   As part of the registration process or your continued use of the Services, you may be required to provide personal information (such as identification or contact details), including:

• Email address
• Preferred username
• Telephone number
• Password You warrant that any information you provide to ACF during the registration process will always be accurate, correct, and up to date. Once you have completed the registration process, you will be a registered member of the Website (a “Member”) and agree to be bound by these Terms.

  You may not use the Services or accept the Terms if:

• You are not of legal age to form a binding contract with ACF; or
• You are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.

6. Your Obligations as a Member
   As a Member, you agree to comply with the following:

• You will use the Services only for purposes permitted by:
  • These Terms; and
  • Any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
• You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
• Any use of your registration information by any other person or third parties is strictly prohibited. You agree to immediately notify ACF of any unauthorized use of your password or email address or any breach of security of which you become aware.
• Access to and use of the Website is limited, non-transferable, and allows for your sole use of the Website for the purposes of ACF providing the Services.
• You will not use the Services or the Website in connection with any commercial endeavors except those specifically endorsed or approved by the management of ACF.
• You will not use the Services or Website for any illegal and/or unauthorized use, which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by ACF for any illegal or unauthorized use of the Website.
• You acknowledge and agree that any automated use of the Website or its Services is prohibited.

7. Payment
   All payments made in the course of your use of the Services are processed using CommBank Merchant Facility. By using the Website, the Services, or making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the CommBank terms and conditions, which are available on their website. You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied for any reason by your financial institution, or is unpaid by you for any other reason, you are liable for any associated costs, including banking fees and charges. You agree and acknowledge that ACF can vary the Services Fee at any time. You acknowledge and agree that ACF may, at its sole discretion and without prior notice, suspend or terminate your access to the Website and Services if you breach these Terms or engage in any conduct that ACF believes, in its sole discretion, violates any applicable law or is harmful to the interests of ACF, its affiliates, or any third party.
8. Refund Policy
   ACF will only provide a refund of the Services Fee if we are unable to continue to provide the Services, or if the manager of ACF makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (a “Refund”). A refund will not be available on a competition prize ticket purchase after that ticket has had a chance to win a prize. ie: After any draw has taken place where the ticket was entered in the draw. Any benefits set out in these Terms and Conditions may apply in addition to consumer rights under the Australian Consumer Law.
9. Copyright and Intellectual Property
   The Website, the Services, and all related products of ACF are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) are owned or controlled by ACF or its contributors, and are reserved for these purposes. All trademarks, service marks, and trade names are owned, registered, and/or licensed by ACF, who grants you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

• Use the Website pursuant to the Terms;
• Copy and store the Website and the material contained in the Website in your device’s cache memory; and
• Print pages from the Website for your own personal and non-commercial use. ACF does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ACF. ACF retains all rights, title, and interest in and to the Website and all related Services.

  Nothing you do on or in relation to the Website will transfer any:

• Business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright; or
• A right to use or exploit a business name, trading name, domain name, trade mark, or industrial design; or
• A thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).

  You may not, without the prior written permission of ACF and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain [cite: 51, 149]. You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ACF, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

10. General Disclaimer
    Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. Subject to this clause, and to the extent permitted by law:

• All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
• ACF will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

  Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of ACF make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ACF) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorized access to records;
• The accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third-party material and advertisements on the Website);
• Costs incurred as a result of you using the Website, the Services, or any of the products of ACF; and
• The Services or operation in respect to links which are provided for your convenience.

11. Limitation of Liability
    ACF’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. You expressly understand and agree that ACF, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
12. Competitors
    If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of ACF. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, ACF will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
13. Termination of Contract
    The Terms will continue to apply until terminated by either you or by ACF as set out below. If you want to terminate the Terms, you may do so by:

• Providing ACF with 14 days’ notice of your intention to terminate; and
• Closing your accounts for all of the services which you use, where ACF has made this option available to you. Your notice should be sent, in writing, to ACF via the ‘Contact Us’ link on our homepage.

  ACF may, at any time, terminate the Terms with you if:

• You have breached any provision of the Terms or intend to breach any provision;
• ACF is required to do so by law;
• The provision of the Services to you by ACF is, in ACF’s opinion, no longer commercially viable. Subject to local applicable laws, ACF reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct impacts ACF’s name or reputation or violates the rights of another party.

14. Indemnity
    You agree to indemnify ACF, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

• All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content;
• Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
• Any breach of the Terms. You agree to indemnify and hold ACF harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.

15. Dispute Resolution Compulsory:
    If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    Notice: A party to the Terms claiming a dispute (a “Dispute”) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
    Resolution: On receipt of that notice (the “Notice”) by the other party, the parties to the Terms (the “Parties”) must:

• Within 28 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by ACF;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing.
• The Parties must each pay their own costs associated with the mediation; The mediation will be held in Newcastle, Australia.
  Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

16. Venue and Jurisdiction
    The Services offered by ACF are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
17. Governing Law
    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
18. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
19. Privacy ACF takes your privacy seriously. Any information provided through your use of the Website and/or Services is subject to ACF’s Privacy Policy, which is available on the Website.