Charity Terms & Conditions

HOUSTON PEEL FOUNDATION LTD – TERMS AND CONDITIONS

1         Introduction

(a)             Houston Peel Foundation Ltd (ACN 690 898 876) (we, our or us) is a registered charity with the main purpose to advance social and public welfare by conducting activities to address food insecurity and mental health.

(b)            These terms and conditions (Terms) govern your use of our website and the donations made through our website. By using our website or make a donation, you accept these Terms and enter into a binding agreement with us.

2         Donations

(a)      You may make donations to support our charitable activities as outlined on our website.

(b)     All donations are final and non-refundable unless required by law.

(c)      We will provide a receipt for your donation for tax deduction purposes where eligible under Australian tax law.

(d)     Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider’s separate terms and conditions, which you must review and accept directly with them.

(e)      All donations will be used solely for our charitable purposes as outlined in our constitution and as registered with the Australian Charities and Not-for-profits Commission (ACNC).

3         Limitations

(a)      Despite anything to the contrary, to the maximum extent permitted by law:

(1)             neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;

(2)             each party’s liability will be reduced proportionately where the loss was caused or contributed to by the other party’s acts, omissions, or failure to mitigate their losses; and

(3)             each party’s total liability arising from or relating to these Terms or the products will not exceed the donation you have paid to us.

4         Use of our website

(a)      When using our website, you must not:

(1)             breach any person’s privacy, legal rights, or upload personal information without consent;

(2)             defame, harass, threaten, or offend any person;

(3)             use our website for any unlawful purpose;

(4)             interfere with other users or our website’s operation;

(5)             introduce viruses, malware, or attempt to modify or tamper with our website;

(6)             send spam or unsolicited messages;

(7)             use automated tools such as bots, scrapers, or data mining software;

(8)             assist others in doing any of the above;

(9)             provide false, inaccurate, or misleading information;

(10)          use another person’s details without authorisation; or

(11)          fail to maintain the security of any access credentials we provide to you.

5         Intellectual property

(a)             All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.

(b)            Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our intellectual property solely for your personal use of the products or our website as intended.

(c)             You must not, without our prior written consent:

(1)             copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;

(2)             use our intellectual property for commercial purposes or revenue generation;

(3)             modify, adapt, or create derivative works from our intellectual property;

(4)             frame or embed our content in another website; or

(5)             remove or alter any copyright notices or proprietary markings.

(d)            You may share our content on social media or personal blogs provided you:

(1)             do not claim ownership of our intellectual property;

(2)             do not imply our endorsement unless explicitly agreed in writing; and

(3)             do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

(e)             If you submit content to our website (such as reviews, comments, or feedback), you:

(1)             grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;

(2)             warrant that you own the content or have permission to submit it;

(3)             acknowledge that we may remove any content at our discretion; and

(4)             remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

6         General

(a)      Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any dispute in good faith. If this fails, the parties will engage a mediator, with mediation costs shared equally. This does not prevent either party from seeking urgent court orders when necessary.

(b)     Notices: All notices must be in writing and sent to the contact details provided during your order or to our details below. Notices sent by post are deemed received after 48 hours, and emails are deemed received when sent.

(c)      Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as supply chain disruptions, cyber attacks, natural disasters, government actions, or pandemics), provided the affected party promptly notifies the other party and uses reasonable efforts to minimise the impact.

(d)     Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.

(e)      Privacy: We collect, use, and disclose your personal information in accordance with our privacy policy available on our website.

(f)       Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.

(g)      Governing law: These Terms are governed by the laws of Queensland. Both parties submit to the exclusive jurisdiction of the courts operating in Queensland and any appeal courts, and waive any objection to proceedings in those courts.

For any questions and notices, please contact us at:

Houston Peel Foundation Ltd (ACN 690 898 876)

Email: [email protected]

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