GEELONG CATS FOUNDATION TERMS AND CONDITIONS
Geelong Football Club Ltd (ACN 005 150 818)(we refer to ourselves as “Geelong Cats”, “we”, “us” or “our” in this Agreement) its affiliates, and our licensors own and operate the website located at www.geelongcatsfoundation.org and all associated sites linked to www.geelongcatsfoundation.org including all mobile applications, platforms, devices and upgrades from time to time (“Collectively known as the Site”). Geelong Cats raises funds for essential programs and facilities that enhance the Club’s performance.
Geelong Cats raises funds through corporate and private donations to continue to make a significant difference to our community, remain super-competitive on-field and also cater for our Club’s important history.
The Geelong Cats programs are accredited by the Australian Taxation Office (“ATO”) and focus on benefiting young people in the local Geelong community by helping them to make good choices.
Please read these Terms and Conditions carefully. By accessing the Site and making a donation or bequest, you (“Donor”) agree to be bound by these Terms and Conditions and agree that you are responsible for compliance with any applicable laws and legislation. If you do not agree with any of these Terms and Conditions, you must refrain from using this Site and mobile application and must delete it from your mobile device
Geelong Cats reserves the right, at its sole discretion to change, modify, add or remove parts of these Terms and Conditions at any time. Geelong Cats encourages you to check these Terms and Conditions periodically for changes. Your continued browsing or use of the Site and submission of further donations following any amendment will constitute your acceptance of the change. The materials contained in this Site are protected by applicable Copyright and Trade Mark law. All rights reserved.
In these Terms and Conditions, the singular includes the plural and vice versa.
Unless Geelong Cats expressly consents, you must not assign any obligation, entitlement, charge or otherwise deal with your rights or obligations under these Terms and Conditions to a third party. However Geelong Cats may assign its rights without restriction.
The failure of Geelong Cats to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Donations may only be made by individuals who are eighteen (18) years or older. If the Donor is under eighteen (18) years, the Donor must review these Terms and Conditions with the Donor’s parent or guardian to ensure that the Donor’s parent or guardian understands and agrees to the terms of this Agreement.
Donations to the Geelong Cats must only be made voluntarily, unconditionally and are non-refundable unless otherwise expressly provided under this Agreement. Donations to Geelong Cats of $2 and over may be tax deductible. We will provide you with a receipt for all donations made.
You may also elect to make recurrent donations by direct debit where available. It is your responsibility to ensure that there are sufficient funds available in your account at the time of direct debit. We therefore recommend checking your bank statement regularly to validate that the nominated amounts are able to be debited from your account and are correct. Donations will only be debited from your nominated account.
The Donor may support the Geelong Cats Foundation by nominating the registered cause provided on our Site as the preferred beneficiary of their donation or gift:
- Geelong Cats Community Foundation; or
- Geelong Cats Football & Heritage Foundation.
All claims are subject to acceptance by the ATO. All donations must be made free from any coercion, promise, advantage or privilege in return for such donation.
4. Changes and Cancellations
If you wish to change or cancel a direct debit payment request at any time, please contact us at least fourteen (14) days prior to the next direct debit due date. If there are insufficient funds in your account to satisfy the direct debit, your donation may be cancelled and your financial institution may charge you a fee or interest for the transaction.
Geelong Cats may cancel any donation, refund, terminate or suspend access to the Site and donations immediately in accordance with these Terms and Conditions, and in particular where you have breached these Terms and Conditions. Geelong Cats will use reasonable efforts to notify you of any cancelled donation. Geelong Cats are not responsible for or required to refund any donation if you change your mind. It is for this reason that we ask that you make your choice to donate carefully.
In order to process your donation, Geelong Cats require complete and accurate details. Geelong Cats will not be liable for any cancelled donation due to incomplete or false details.
If you have made an error in the details provided to Geelong Cats, you may write to Geelong Cats within thirty (30) days of submitting the donation to request a refund. A refund will be provided at the discretion of Geelong Cats and there is no obligation to provide a refund. If Geelong Cats approve the refund, the donation will be cancelled and the donated amount determined by Geelong Cats will be returned to you. However, Geelong Cats may deduct any financial institution fees or charges incurred as a result of the refund from the donated amount.
A full refund will be provided by Geelong Cats where the error is due to a fault of Geelong Cats. If you believe that there has been an error in debiting of your account, you are required to notify Geelong Cats immediately.
Geelong Cats may vary any details of any direct debit request at any time by providing you with at least fourteen (14) days’ prior written notice.
5. Limitation of liability
The Competition and Consumer Act 2010 (Cth) and similar State legislation in Australia may confer rights and remedies on you in relation to the provision of our Services, which cannot be excluded, restricted or modified (“Non-excludable rights”).
Geelong Cats provide the Site and services on an “as is” basis. Accordingly, Geelong Cats does not make any representations or warranties of any kind, express or implied in respect of your access or results of the Site.
Geelong Cats make no representations, warranty or endorsement as to the correctness, timeliness, merchantability, accuracy or reliability of the information, materials or Services provided by us on this Site. This Site may contain typographical errors or technical inaccuracies. Geelong Cats cannot ensure that any files or data downloaded from this Site will be free from viruses or contamination.
To the maximum extent permitted by law and in no event will the Geelong Cats or their respective directors, officers, employees, agents or contractors be liable with respect to this website for any indirect, incidental, or consequential damages of any kind whatsoever, damages for loss of use, profits, data, images, unauthorised use, non-performance of the site, non-infringement of third party rights, title, errors or omissions or content of this Site.
You fully indemnify and release to the maximum extent permitted by law, the Geelong Cats from all claims and liability arising out of any use of the online content provided by the Geelong Cats or third parties which may be featured or linked to this Site otherwise than as expressly permitted by these Terms and Conditions and against any breach of these Terms and Conditions by you.
Advertisement of any third party’s goods or services on the Site implies no endorsement or warranty by Geelong Cats in respect of the third party’s goods or services unless expressly stated by Geelong Cats.
To the extent permitted by law, Geelong Cats’ liability to you for any breach by the Geelong Cats of any Non Excludable right is limited to supplying the Services in respect of which the breach occurred again, or payment of the cost of having those Services supplied again.
6. Use of Third Party Content
Geelong Cats has obtained the permission of all other Trade Mark owners for their use of all other Trade Marks on the Site. The Intellectual Property rights of all other Trade Marks are conferred in the respective owners who may or may not be affiliated with or sponsored by Geelong Cats. Geelong Cats shall not be responsible for the completeness, accuracy or use by third parties in any way.
This Site may be linked to other external or internal sites that are not maintained or endorsed by Geelong Cats. These are provided for your convenience.
Should the Donor be re-directed to a third party Site, the Donor agrees to read the third party Site’s terms and conditions carefully and acknowledges that any use or access to the third party Site shall be governed by the third party’s terms and conditions only.
Geelong Cats is not responsible for the content of any sites linked to their Site. Use of any linked site is at the Donor’s own risk.
7. Copyright and Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, Trade Marks, logos, sounds, music, artwork and computer code (collectively “Content”) shall be controlled or licenced by Geelong Cats. All current and future content included on this Site is the property of Geelong Cats or its content suppliers and we retain all rights protected by statute, common law or equity in or in relation to but not limited to any copyright, Trade Marks, designs, patents, circuit layouts, business and domain names.
Apart from any use permitted under the Copyright Act 1968, you must not copy, frame, broadcast, directly or indirectly publish, rewrite, modify, transmit or distribute the material at this Site, including all third party content without the consent of the Copyright owner.
8. Additional Terms
If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
9. Complaints and Dispute Resolution
If the Donor has a complaint about the provision of the Site, the Donor must notify Geelong Cats immediately. Geelong Cats and the Donor must use their best endeavours to resolve the complaint in respect of the donation or use of the Site by agreement. If the complaint is not resolved by agreement the parties must submit the dispute to mediation before pursuing any other dispute resolution process, the costs of which are to be borne by the Donor.
You acknowledge that Geelong Cats is required and permitted to collect personal information from you in order to provide the Services. Geelong Cats will only collect personal information by lawful means. We may communicate with you via the email address you register with us or by any other appropriate means.
11. Governing Law
These Terms and Conditions and all other agreements and documentation with Geelong Cats for the provision donations and use of the Site is governed solely by the laws in force in the State of Victoria, Australia and any dispute must be determined exclusively in a Court or other tribunal having jurisdiction in that place.