Website Terms of Use
This website and domain name are owned and operated by The Nature Conservancy Ltd ACN 104 635 654 (we, us, or our).
By using this website and in consideration of us providing you with access to this website, you acknowledge that you have a) read and understood the following terms and conditions (Terms and Conditions) and b) agree to be bound by these Terms and Conditions in respect of your access to and use of this website.
1. Intellectual Property
1.1 All material on this website, including the text, information, graphics, logos, design, layout, downloads, pricing, products and services (Content) is owned by or licensed to us and is subject to copyright. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store the Content for any purpose, other than with our prior written consent or as permitted by law. We reserve all of our rights.
1.2 Trade marks used on this website to describe third parties and their products are trade marks of those third parties.
1.3 Please notify us as soon as possible if you become aware of any infringement or suspected infringement by any third party of any intellectual property rights in this website or the Content.
2. Linking and Third Party Content
2.1 You must not link to, frame or mirror any part of this website without our written authorization. This website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk. Moreover, these links do not imply an endorsement by us or any Affiliate (as defined in Section 6.4) with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.
2.2 Further terms and conditions of use may apply to your use of this website. For example, if you decide to participate in a promotion that is featured on this website, the relevant terms and conditions of entry for that promotion apply to your use of this website. Such terms are in addition to these Terms and Conditions and your use of this website constitutes your agreement to be bound by such further terms and conditions where applicable. In the event that any term within these Terms and Conditions conflicts with a promotion’s terms and conditions, the latter will prevail to the extent of the conflict.
3. Prices
Any references to $ and dollars on this website are to Australian currency.
4. Information and descriptions
This website contains information and materials relating to us and our programs, services and activities. In providing you with such information and materials, we attempt to be as accurate as possible. However, the information and material contained on this website is general in nature and we do not warrant that it or any descriptions or other content contained herein is accurate, complete, reliable, current, or error-free.
In addition, this website may from time to time contain or make available various message services, email lists, mailout or newsletter services, social networking facilities, blogs, forums, or other tools and facilities which may be of use to you. Whilst we have made every effort to ensure that any such features are accurate and free from defect, we do not warrant the accuracy, correctness or completeness of these features, which are provided on an “as is” basis.
5. Tools and other features
5.1 In order to provide information about our products and services, promotions, promotional partners and potential opportunities for employment, this website may make available various features such as software programs and other devices.
5.2 Despite us taking reasonable steps to ensure that any features or information described in clause 5.1 are correct, we do not guarantee the accuracy, reliability, correctness or completeness of these features, which are provided on an ‘as is’ basis. Your use of any of these features or information provided is entirely at your own risk.
6. Your conduct
6.1 You must not:
(a) use this website in breach of any applicable laws or regulations;
(b) use this website if you are under the age of 18 years old, unless supervised by a parent or guardian over the age of 18;
(c) use this website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) interfere with, disrupt, or create an undue burden on this website;
(e) solicit money, passwords or personal information from any person;
(f) impersonate or create a profile for any person or entity other than yourself;
(g) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users in relation to this website;
(h) use any robot, spider or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of this website;
(I) use code or other devices containing any reference to this website to direct other persons to any other webpage;
(j) modify, adapt, sub-licence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of this website or cause any other person to do so;
(k) upload, post, transmit or otherwise make available any material that:
- is not your original work, or which may infringe the intellectual property or other rights of another person;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- includes an image or personal information of another person unless you have their consent;
- exploits any person under the age of 18, or solicits information from anyone under 18;
- you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
- engages in or promotes any surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming;
- contains large amounts of untargeted, unwanted or repetitive content; or
- contains financial, legal, medical or other professional advice.
If you believe that a user has breached any of the above conditions, please contact us.
6.2 We reserve the right to block any user of this website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on this website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via this website (User Content), you grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth).
6.3 We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on this website by any person other than us. We do not endorse any opinion, advice or statement made by any person other than by us.
6.4 You agree to indemnify us and each of our officers, employees, agents, contractors and subcontractors (collectively Affiliates) and to hold us and each of our Affiliates harmless in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by us or any of our Affiliates in connection with (in whole or part) your breach of these Terms and Conditions.
6.5 We hold the benefit of clause 6.4 for ourselves and on trust for each of our Affiliates.
6.6 We may at any time request a form of identification to verify your identity and/or your compliance with these Terms and Conditions.
7. Your use of this website
7.1 This website is for your personal, non-commercial use only.
7.2 You agree that you will be personally responsible for your use of this website and for all of your communication and activity on, and pursuant to, this website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms and Conditions, we may deny you access to this website on a temporary or permanent basis.
8. Donations
Donations can be made on our website through our secure gateway. You must be over the age of 18 to make a donation. If you wish to make a donation via credit card, debit card or electronic funds transfer, you may only do so using a card or account in your name. If you choose to make a regular monthly donation to us, we will continue to deduct such amounts from your nominated account until you notify us in writing to The Nature Conservancy, PO Box 833, North Melbourne, VIC 3051, Australia or email conservationchampion@tnc.org that you wish to cease such donations or to alter the amount of such donations. We may take up to 14 days to process your request to cancel or alter the amount of your donation, during which time further amounts may be deducted if they fall due.
9. Cookies
9.1 This website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
9.2 It is recommended that you accept cookies to make full use of this website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.
9.3 Most web browsers allow you to disable cookies on your computer. However, if you disable cookies, you may be unable to use our website to the fullest and optimum extent.
10. Additional use and disclosure of your personal information
In addition to the uses and disclosures of personal information described in these Terms and Conditions, we may also use or disclose personal information or information generated by cookies that you have provided to us when
(a) you have authorised us to do so, either through these Terms and Conditions or otherwise;
(b) we have notified you of the intended use or disclosure and you have not objected to it;
(c) fraud or unlawful activity is suspected by us and the information is disclosed to relevant persons or authorities;
(d) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency, public revenue protection agency or an agency responsible for national security in the performance of their functions; or
(e) we are required or permitted by law to disclose the information, subject to the terms outlined in our Privacy Policy, which can be located here.
11. Privacy
Any information collected by us will be handled in accordance with relevant privacy laws in Australia and our Privacy Policy, which can be located here. Our Privacy Policy explains how your personal information will be used and disclosed, including details of the countries in which we store and handle personal information. Our Privacy Policy also explains how you can request access or correction of your personal information, or make a privacy complaint.
12. Disclaimer
By accessing our website, you assume all risks associated with its use, including without limitation the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website and that any information on this website may not be complete, accurate, reliable or free from errors. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify us and hold us harmless for any loss, damage, costs or expenses whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
13. Limitation of Liability
13.1 Subject to any rights you may have under the Australian Consumer Law (as defined in clause 13.2) which are not able to be excluded, we, our directors, related bodies corporate, employees, contractors and agents are not liable to you for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or referable to this website, User Content, Third Party Content, Third Party Websites, or to access (or lack of access) to this website by you, howsoever caused, whether in contract, tort (including negligence), statute or otherwise. We hold the benefit of this clause on our own behalf, and on behalf of our directors, related bodies corporate, employees, contractors and agents.
13.2 Australian Consumer Law means the Australian Consumer Law which is contained in Schedule 2 of theCompetition and Consumer Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory).
14. Jurisdiction
These Terms and Conditions are governed by the laws of Victoria, Australia. This website is and will be deemed to be solely based in Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia and, by using this website you submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
15. Variation
We reserve the right to vary these Terms and Conditions from time to time without notice. The latest Terms and Conditions will always be made freely available to users on our website. You agree to be bound by the varied Terms and Conditions by continuing to access this website.
16. Severability
If a clause or part of a clause of these Terms and Conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of these Terms and Conditions are not affected.
17. Assignment
You may not transfer or assign these Terms and Conditions or any rights or licences granted under these Terms and Conditions. We may transfer or assign these Terms and Conditions without restriction or notification.
18. Waiver
A term of these Terms and Conditions may not be waived except in writing signed by the party granting the waiver. The waiver by a party of a breach by another party of any term of these Terms and Conditions does not operate as a waiver of another or continuing breach by that party of that term or any other term of these Terms and Conditions.
19. Contact
If you have any queries regarding these Terms and Conditions, please contact us by calling 03 8346 8602, emailing australia@tnc.org or by writing to: The Nature Conservancy Ltd. PO Box 57 Carlton South VIC 3053.