Terms & Conditions
1. Acceptance The Use Of Be Kind Sydney Campaign Terms and Conditions
Be Kind Sydney Ltd is the organiser of the Be Kind Sydney Campaign.
Be Kind Sydney (BKS) is a subsidiary of Sydney Community Foundation (SCF) and initiative of Sydney Community Foundation established to assist people experiencing misfortune, suffering and living in poverty. It supports the SCF’s Sydney Women’s Fund initiative and other charities and services across Sydney and NSW.
By organising the Be Kind Sydney Campaign, Be Kind Sydney intends to:
- Fulfil its mission of alleviating poverty and assisting those experiencing misfortune and suffering
- Help raise awareness of local grassroots charities
- Increase donations from the general public (and improve the ability of other participating organisations and people) to solicit, collect and receive donations to assist people suffering or in poverty in Sydney.
Your access to and use of Be Kind Sydney Campaign is subject exclusively to these Terms and Conditions. You will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the website.
Be Kind Sydney Ltd has entered into an arrangement with Funraisin to provide technology for the website.
We may collect information that tells us about visitors to our website. The information collected may relate to date, time, duration of the visit, number of visitors, and the web pages that generate the most hits. The information will not generally be linked to the identity of the visitors.
Like many other websites, our website may use ‘cookies’ from time to time. A cookie is a piece of information that allows our system to identify and interact more effectively with your device. The cookie helps us to maintain the continuity of your browsing session and remember your details and preferences when you return. You can configure your web browser software to reject cookies however some parts of our website may not have full functionality in that case.
In some cases third parties may use cookies and other technologies such as web beacons on our website in connection with online services like banner advertising, website analytics and surveys.
This may allow them to collect information about your use of our website (including your computer’s IP address) which they may store in the United States or other countries. The use of these technologies allows them to deliver customised advertising content, measure the effectiveness of their advertising, evaluate users’ use of our website and other websites and provide other services relating to website activity and internet usage. Those third parties may also transfer the information they collect to others where required to do so by law, or where those others process the information on their behalf. [The services we may use from time to time include Google Analytics, Adobe and Microsoft]. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct.
2. CREDIT CARD DETAILS
All Be Kind Sydney Campaign purchases are managed by FunRaisin and Be Kind Sydney Campaign will never store your credit card information or make it available to any third parties.
3. LEGAL ADVICE
The contents of Be Kind Sydney Campaign website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on Be Kind Sydney Campaign is provided without any or warranty of any kind. You use the material on Be Kind Sydney Campaign at your own discretion.
4. CHANGE OF USE
Be Kind Sydney Campaign reserves the right to:
- 4.1 change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that Be Kind Sydney Campaign shall not be liable to you for any such change or removal and.
- 4.2 change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
5. LINKS TO THIRD PARTY APPS AND WEBSITES
Be Kind Sydney Campaign website may include links to third party apps and websites that are controlled and maintained by others. Any link to other apps and websites is not an endorsement of such and you acknowledge and agree that we are not responsible for the content or availability of any such apps and websites.
6. COPYRIGHT
- 6.1 All copyright, trademarks and all other intellectual property rights in the website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to Be Kind Sydney Campaign or otherwise used by Be Kind Sydney Campaign as permitted by law.
- 6.2 In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only.
7. LINKS TO AND FROM OTHER apps and websites
- 7.1 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link in this website you do so at your own risk.
- 7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- (a) You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
- (b) You do not misrepresent your relationship with this website; and
- (c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
- 7.3 By linking to this website in breach of our terms, you shall indemnify us for any loss or damage suffered to this website as a result of such linking.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
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8.1 the website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
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8.2 To the extent permitted by law, Be Kind Sydney Campaign will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the website.
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8.3 Be Kind Sydney Campaign makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
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8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Be Kind Sydney Campaign for death or personal injury as a result of the negligence of Be Kind Sydney Campaign or that of its employees or agents.
9. INDEMNITY
You agree to indemnify and hold Be Kind Sydney Campaign and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Be Kind Sydney Campaign arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this app.
10. SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11. WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
12. PRIVACY POLICY
This Privacy Policy sets out more about your rights and our policy on the handling of your personal information.
This policy is based on the following principles, which seek to ensure that ‘personal information’ (as that term is defined in the Privacy Act 1988 (Cth)) is:
- Used fairly and lawfully
- Accurate
- Handled according to the Australian Privacy Principles, and
- Safe and secure
Through this Privacy Policy we have aimed to be as clear, open and transparent as possible about these matters, but if you have any questions, do not hesitate to contact us at hello@bekindsydney.org.au.
Collecting personal information
We only collect personal information that is necessary for our functions or activities and we do so only by lawful and fair means, and in an unobtrusive way. When we collect personal information about someone we take steps to ensure that you are aware why we are doing so, of the types of organisations to which the information may be disclosed and the other matters specified in the regulation. If we cannot tell you at the time we collect the information, we endeavour to do so as soon as practicable afterwards. We also generally only collect information directly from individuals, but if we collect information from third parties (because it is not reasonable or practicable to collect it directly), we still take steps to ensure that the individual is made aware of the matters as required.
Personal information collected
The types of personal information we collect may include a donor’s name, email and mailing addresses and contact numbers.
Purposes
Our main purpose for collecting this information is to process and receipt donations to the Sydney Community Foundation, Sydney Women’s Fund, Be Kind Sydney or any of our registered sub-funds.
We generally only use and disclose information for the purpose for which it was collected, or for related purposes which are likely to be expected. We may also use and disclose the information in special circumstances such as sharing with a charity partner so they can thank donors and share information on their project progress. If we want to use information in other ways, we would generally seek consent.
Disclosures
We may disclose your personal information where we engage other service providers including organisations that assist us to provide, or provide on our behalf, certain products or services or as required by law (for example audit administrative services). We may also disclose some personal information (such as the name of a donor) to a recipient charity (unless you request otherwise).
Exemptions
Personal information we hold in employee records is exempted from the coverage of the Act in certain circumstances.
Security of Personal Information
In our business, Personal Information may be stored both electronically and in hardcopy form. We are committed to keeping your Personal Information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, your use of the Website is at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a breach of your privacy. In the event that Personal Information is compromised as a breach of security, we will promptly notify those affected in compliance with applicable law.
Note that no information transmitted over the internet can be guaranteed to be completely secure. However, we will endeavour to protect your Personal Information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
The protective steps we take from misuse, interference, loss, unauthorised access, modification and disclosure of your Personal Information include:
- confidentiality requirements of our employees;
- document storage security policies;
- security measures for access to our systems; and
- only providing access to Personal Information to a person who is verified to be able to receive that information.
We use an outside platform, and a third party credit card processing company, to bill you if you purchase services, products or make a donation. These companies do not retain, share, store or use personally identifiable information for any purposes other than billing.
Access to personal information
If you wish to request access to personal information that Be Kind Sydney Ltd holds about you, please contact us using the contact details set out below. Please provide as much information about the information you see in order to help us retrieve it.
More information
If you would like more information about the way in which we manage personal information please contact the Executive Officer Be Kind Sydney on 02 8030 7050 or by email on hello@bekindsydney.org.au, or by writing to Be Kind Sydney, 52 Victoria Street Paddington NSW 2021.
13. REFUND POLICY
This refund policy outlines the procedure and process of issuing a refund from Sydney Community Foundation or Be Kind Sydney.
Should an error be made in the amount of a tax deductible donation, the donor may notify Sydney Community Foundation ( DGR2) or Be Kind Sydney(DGR1) that an error has occurred.
Please make any request for a refund in writing.
Please email to enquiries@sydneycommunityfoundation.org.au or by post to CEO, Sydney Community Foundation, 52 Victoria Street Paddington NSW 2021.
The request should provide the following details:
- Amount of intended donation and amount receipted.
- Date of donation
- Correct amount of Donation
- Full name of Donor
- Receipt number
- Nature of the error
If the error is in relation to a tax receipt that was issued, the incorrect receipt immediately becomes void and invalid and should be securely destroyed. Once the donation has been accurately confirmed and received to our bank a new tax receipt will be issued for the amount of the donation.
Please note it is your responsibility to submit correct receipts for tax deductible donations to the Australian Tax Office.
Should an error be made by Sydney Community Foundation or Be Kind Sydney or its financial institution(s) in relation to an EFT or regular donation, a full refund will be made upon notification of the error. Costs will be borne Sydney Community Foundation or Be Kind Sydney.
Further information on refunds:
- Refunds cannot be made because you have changed your mind.
- We ask that you make your choice to donate carefully.
- We will refund if there was an error with the donation processing.
- We will refund if the donor entered the wrong amount.
- We will refund if the recurring donation did not cancel correctly when requested
14. Match Funding
Match funding will be used where funds are available to match a donors contribution. These will be distributed to participating charities at the sole discretion of Be Kind Sydney Ltd with approval of the Be Kind Sydney Board of directors.
