Terms and Conditions
World Animal Protection site Terms and Conditions
This website is owned, operated and maintained by World Animal Protection Limited (formerly WSPA Australia Limited) ABN 19 083 297 027 (“World Animal Protection”, “our”, “we” or “us”).
These Terms and Conditions may be modified from time to time and you should regularly review them. If we reasonably consider that an amendment to these terms and conditions will have a material detrimental effect on your rights and obligations, we will give you at least 30 days’ notice of the modification before it becomes effective. Your continued use of the Site constitutes your agreement to these Terms and Conditions and any modifications to them.
1. Use and Eligibility
The Site is only intended for individuals who can form legally binding contracts. By using the Site you are representing and warranting that you are over 18 years of age and able to enter into contracts. Do not use the Site if you are under 18 years of age. While we require all our users to be at least 18 years of age, we are not responsible or liable for any misrepresentations regarding a user’s age or for the unauthorised use of the Site by a minor.
You agree to only use the Site in a way that complies with all applicable laws and regulations, that does not infringe our rights or other users’ rights, and that does not inhibit or restrict other users’ enjoyment of the Site.
Without limiting the above, you agree not to use the Site to:
(a) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
(c) attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
(d) commit forgery (or attempted forgery);
(e) harass any individual or breach the Australian Privacy Principles as set out by the Privacy Act 1988 (Cth) as amended and updated from time to time;
(f) collect or store data about other users, including e-mail addresses;
(g) violate any applicable state, Commonwealth or international law, convention or regulation; or
(h) facilitate or encourage any violations of these Terms and Conditions.
World Animal Protection reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that World Animal Protection believes, in its reasonable discretion:
(a) violates any term or provision of these Terms and Conditions;
(b) violates the rights of World Animal Protection or third parties; or
(c) is otherwise inappropriate for continued access and use of the Site.
You acknowledge that World Animal Protection has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.
3. Prohibited Content and Activity
You must not place offending content, or permit other to place offending content, on the Site or any other website on which World Animal Protection or its related bodies corporate may choose to display content at their sole and absolute discretion (Related Site). World Animal Protection reserves the right to investigate and take appropriate legal action against any person who, in World Animal Protection's reasonable discretion, breaches the requirements of this clause by placing offending content on the Site. World Animal Protection may, without limitation, remove offending content from the Site or any Related Site.
Offending content includes, but is not limited to, content that is:
(a) offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) harasses or advocates harassment of another person;
(c) exploits people in a sexual or violent manner;
(d) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(e) solicits personal information from anyone under 18;
(f) publicly posts information that poses or creates a privacy or security risk to any person;
(g) constitutes or promotes information that is known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) constitutes or promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) involves the transmission of 'junk mail', 'chain letters' or unsolicited mass mailing, instant messaging or 'spamming';
(j) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(k) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying weapons, violating someone's privacy, or providing or creating computer viruses or other harmful code;
(l) solicits passwords or personal identifying information for commercial or unlawful purposes from other people;
(m) includes a photograph or video of any person without that person's consent;
(n) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any other person; or
(o) promotes propaganda and/or symbols of organisations which are unconstitutional or illegal in Australia or any of its States or Territories.
We appreciate your help in keeping the Site a safe and enjoyable experience for all users. Please contact us if you have seen any content that you think breaches these Terms and Conditions at the address listed below.
Neither World Animal Protection nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Site. Use of third party sites is governed by the terms and conditions provided by the supplier of third party services. You acknowledge that you enter any third party sites at your own risk and that World Animal Protection is not responsible for, and does not accept liability for any statements that are published or accessible through, third party sites.
You are welcome to link to this Site, provided that in doing so you do not breach these Terms and Conditions, use any trade marks featured without permission or link to this Site from a Site or in a manner which disparages the reputation of World Animal Protection or its related bodies corporate.
5. Intellectual Property Rights / Limited Licence to use the Site
The information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site and the like (Content) is protected by copyright, trade mark and other intellectual property laws. World Animal Protection and its affiliates, subsidiaries and/or licensors exclusively own all right, title and interest in and to the Site and all Content thereon or therein.
You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying, the Site. You agree that you will not:
(a) modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the information or services on the Site without World Animal Protection’s explicit, prior written permission;
(b) use, display, mirror or frame the Site, or an individual element within the Site;
(c) use the intellectual property rights of World Animal Protection or any World Animal Protection licensor, to adapt, modify or create derivative works based on such intellectual property; or
(d) use or reproduce any World Animal Protection trademark, logo, or third party trademark or logo without the prior written express consent of the owner of such trademark or logo.
For the avoidance of doubt, World Animal Protection's logo and name are the property of World Animal Protection and/or its related bodies corporate and may not be used as part of your business or in connection with any goods and services without the prior written consent of World Animal Protection.
If you consider that any Content on the Site breaches your intellectual property rights please notify World Animal Protection. Notification and any action that World Animal Protection may take in response to the notification is not an admission that there has been a breach of intellectual property rights, or that World Animal Protection accepts any liability in relation to such a breach. World Animal Protection does not guarantee to take any action if notified under this clause.
6. Donations Made
The donor warrants that the donations that they are making to World Animal Protection are donations that they have the authority to make using either their own credit card or are using another credit card the use of which has been expressly granted to them for this purpose. The donor or the party making the donation warrants to World Animal Protection that they are making the donation in their own right or with full authority and continually indemnify World Animal Protection from all or any claims made by any persons claiming such transactions to be unauthorised. The donor further agrees to repay or pay on demand any amounts found to be unauthorised and will indemnify World Animal Protection against all losses of whatsoever kind in respect the disputed transaction including (but not limited to) the amount of the original donation, any fines, penalties, legal fees and any other costs or charges of whatsoever kind.
You agree to indemnify, defend, and hold harmless World Animal Protection, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable lawyers' fees) arising from your use of the Site (including any third party claim, action, proceeding or suit arising out of or resulting from your use of the Site) or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
8. Disclaimer of Warranties and Limitation of Liability
To the maximum extent permitted by applicable law:
(a) this Site is provided by World Animal Protection on an "as is" basis without any express or implied warranty of any kind;
(b) the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
(c) World Animal Protection does not warrant that access to or use of this Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
(d) World Animal Protection does not warrant anything about the reliability, ownership, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any Content, software, text, graphics, links, communications, or any other material provided on or accessible through the use of the Site;
(e) World Animal Protection may change any of the material on the Site at any time without notice;
(f) World Animal Protection makes no commitment to update any material on the Site;
(g) you are responsible for assessing the accuracy, reliability, suitability and accuracy of the material on or accessible through the Site;
(h) you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the material on or accessible through the Site; and
(i) in no event will World Animal Protection be liable for any direct, special, indirect, incidental, consequential loss (including among other things loss of any data, revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of this Site, or delay or inability to use this Site, or any information contained in this Site.
The exclusions set out above do not apply to any liability or losses which may not be lawfully excluded by applicable law. If any guarantee, condition, representation, warranty or term is implied or imposed by any applicable law (including the Australian Consumer Law) and cannot be excluded (a “Non-excludable Provision”), and World Animal Protection is able to limit your remedy for a breach of the Non-excludable Provision, then World Animal Protection’s liability for breach of the Non-excludable provision is limited exclusively to, at World Animal Protection’s option:
(a) in the case of services, the supply of the services again, or the payment of having the services resupplied;
(b) in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; and
(c) the refund of any donations made through the site.
These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without World Animal Protection's prior written consent. You agree that World Animal Protection may assign this agreement to a third party without notice.
10. Governing law
These Terms and Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and World Animal Protection with respect to this Site, and the Terms and Conditions replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
World Animal Protection will not be liable by reason of the failure in the performance of obligations under the Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of World Animal Protection, including any form of technological failure or the actions of third parties.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions will remain in full force and effect.
The failure by World Animal Protection to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of World Animal Protection in respect of any existing or subsequent breach of these Terms and Conditions.
Thank you for your cooperation. Questions or comments regarding this Site should be directed by electronic mail to firstname.lastname@example.org or via mail to World Animal Protection at:
Address: World Animal Protection
GPO Box 3294
Sydney, NSW 2001