Welcome to our website (the Website). The Website provides you with an opportunity to browse and donate to various charities listed on the Website.
The Website is operated by Impossible is Never Pty Ltd ACN: 647662459, trading as Hang With a Star (HWAS).
HWAS may review and change any of these Terms and Conditions by updating this page at any time. Any changes to these Terms and Conditions take immediate effect from the date of their publication. If you do not agree with any amended Terms and Conditions we recommend you stop using the Website immediately.
Registration in order to make a donation
In order to make a donation through the Website, you must first register as a user of the Website. You must be at least 18 years of age to register. To register or to make a donation, you may be required to provide personal information about yourself (such as identification or contact details).
You warrant that any information you provide in the course of completing the registration process or making a donation is correct and up to date. If the information you provided at the time of registering changes, please update it by logging into your account and making the necessary changes.
HWAS may suspend or cancel your registration if you breach, or HWAS has reason to suspect that you have breached or are likely to breach, these Terms and Conditions.
Entry into promotions
When you make a donation through the Website, you may qualify for free entry into a promotion (as detailed on the Website). There is no cost to enter any such promotion. Terms and conditions for each such promotion will be available through the Website and you must comply with them. To the extent of any inconsistency, the terms and conditions of a promotion will prevail over these Terms and Conditions.
Your obligations You must:
ensure that in using this Website you do not breach any applicable law or regulation;
keep your user ID and password confidential and not disclose them to any other person;
not allow any other person to use your registration;
promptly notify HWAS of any unauthorised use of your registration or any breach of security of which you have become aware;
not attempt to breach any security measures relating to the Website;
not do anything that may interrupt, damage, impair or circumvent the security of the Website; and
not misrepresent your identity.
Following payment of a donation, HWAS will issue you with a receipt to confirm that the payment has been received.
HWAS will retain 30% of net donations as an administration fee. HWAS is a business which aims to continue building a charity driven community, through encouraging charitable donations by bringing unique experiences to the public.
HWAS makes no warranty:
that any donation you make through the Website will entitle you to claim a tax deduction; or
that any organisation that receives a donation will use the donation, or any part of it, for a particular purpose or for an appropriate purpose.
If you contact HWAS at [email protected] seeking to cancel a donation and obtain a refund, this must be done before the relevant campaign being run by HWAS has closed. Each case will be assessed separately. Once the campaign has closed, no refunds will be available. If a refund is provided, any corresponding entry in a promotion will be cancelled.
Copyright and Intellectual Property
The Website and its content are subject to copyright. Unless otherwise expressly indicated, all rights (including copyright) in or relating to the Website and its content (including text, graphics, photographs, logos, button icons, audio/visual recordings, images, audio clips and software) (the Content) are owned by HWAS or its licensors, and are reserved by HWAS and its licensors.
All content (including text, graphics, photographs, logos, button icons, audio/visual recordings, images, audio clips and software) provided by you or created by you during the process from registration on the Website to participating in an experience provided as part of a prize in a promotion is deemed to be Content, and all intellectual property rights (including copyright) in such Content are assigned by you to HWAS. You warrant that you have the right to make this assignment.
Except as necessary for using the Website, as permitted by statute or as expressly permitted by HWAS, you must not reproduce any of the Content or do any other act that would infringe the copyright (or any other rights) in the Content. HWAS may now and at any time in the future freely use, reproduce, edit, translate, publish, communicate and otherwise exploit the Content in any way it sees fit.
HWAS owns the trade mark HANG WITH A STAR and the HANG WITH A STAR logo. You must not do anything to infringe any rights of HWAS in relation to those trade marks.
Nothing you do on or in relation to the Website or in relation to participating in a promotion (or an experience provided as part of a prize in a promotion) will transfer to you any intellectual property rights or any rights in relation to any business name or domain name.
Rights under consumer guarantees.
Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded. For example, you may have rights under consumer guarantees in the Competition and Consumer Act 2010 (Cth) (the Act).
Limitation of liability
To the extent permitted by statute the liability, if any, of HWAS arising from any failure to comply with a statutory guarantee under the Act, in relation to the supply of goods or services other than goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, is at HWAS’ option limited to:
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 of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
in the case of services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
To the extent permitted by law:
everything on this Website is, and any goods or services supplied by HWAS are, provided to you on an “as is” and “as available” basis;
HWAS does not guarantee that the Website, or any Content, will be free of inaccuracies or errors or will be available at all times;
all terms, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded;
HWAS will not be liable for any special, indirect or consequential loss or damage, loss or corruption of data, loss of revenue, loss of profit or opportunity, or damage to goodwill arising out of or in connection with this Website, any goods or services supplied by HWAS or these Terms and Conditions (including if you are unable to make a donation), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
HWAS’s total liability to you arising out of or in connection with this Website, any goods or services supplied by HWAS or these Terms and Conditions, however arising, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise, will not exceed $500.
You agree to indemnify HWAS, its officers, employees, agents and licensors from and against any loss, damage, claim or expense arising against any of them as a result of any breach of these Terms and Conditions by you.
Charities and third party websites
HWAS provides no warranty regarding any charity mentioned on the Website and is not responsible for the acts or omissions of any charity.
The Website may contain links to third party websites (for example, the websites of charities). HWAS is not responsible for the content of those websites and does not warrant the accuracy, currency or suitability for any purpose of that information.
Circumstances outside HWAS’ control
HWAS will not be responsible for the consequences of any circumstance outside HWAS’ reasonable control.
Governing law and jurisdiction
The Terms and Conditions are governed by the laws of New South Wales, Australia.
In the event of any dispute arising out of or in relation to the Website, any goods or services supplied by HWAS or these Terms and Conditions the exclusive venue for resolving the dispute will be the courts having jurisdiction in New South Wales, Australia (including the Federal Court of Australia and the Federal Circuit Court of Australia).
If any part of these Terms and Conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms and Conditions will remain in force.
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