Website Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using the AusGiving website (located at ausgiving.org.au), you agree to be bound by the following terms and conditions (“Terms”). If you do not agree, please do not use the site.

 

Introduction and Acceptance of Terms

 

This website is owned and operated by Australian Generosity Foundation Ltd (referred to as “AusGiving,” “we,” “us,” or “our”), ACN 687 123 646. AusGiving is a public company limited by guarantee registered in New South Wales, Australia. We are a registered charity with the Australian Charities and Not-for-profits Commission (ACNC), endorsed as a Public Benevolent Institution (PBI), and have Deductible Gift Recipient (DGR-1) status.

By using our website (“Site”), you acknowledge that you have read and understood these Terms and agree to abide by them. These Terms form a legally binding agreement between you (the user of the Site) and AusGiving. If you do not agree with any part of these Terms, you must not use the Site.

 

As a condition of your use of the Site, you warrant that you will only use the Site for lawful purposes and in accordance with these Terms. You must not use the Site in any manner that could damage, disable, overburden, or impair our services or interfere with any other party’s use of the Site.

 

Changes to Terms

AusGiving reserves the right to modify or update these Terms at any time. We may do so for reasons including changes in law, updates to our services, or for any other operational reasons. When we make changes, we will update the “Effective Date” at the top of this page. It is your responsibility to review these Terms periodically for updates. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to a change in the Terms, you should stop using the Site. No modification or amendment to these Terms by you will be binding on AusGiving unless explicitly agreed to in writing by an authorized representative of AusGiving.

 

We may (but are not obligated to) monitor use of the Site to ensure compliance with these Terms and to maintain the security and integrity of the Site.

 

About AusGiving and Our Website

AusGiving is the Australian Network Member of the TrustBridge Global Foundation, working to facilitate charitable giving from Australia to approved charities locally and overseas. Importantly, AusGiving does not solicit or accept donations directly through this Site. The Site is provided for general informational purposes about AusGiving’s mission and to guide users to the TrustBridge Global Foundation’s giving portal for making donations or recommending grants to overseas charities. Any donations or grant recommendations you make are processed via the TrustBridge Global Foundation platform (see Section 7 below), not on AusGiving’s Site itself.

 

All information on this Site is provided to help you understand who we are, what we do, and how you can engage in cross-border giving. While we strive to keep the content up-to-date and accurate, the Site’s content is general in nature and may not always reflect the most current information or legal requirements. Nothing on our Site constitutes professional advice (see Section 8) or an offer of solicitation for funds.

 

If you have any questions about AusGiving’s status, services, or partnership with TrustBridge, please contact us (see Section 15).

 

License to Use the Site

We grant you a personal, revocable, non-transferable, non-exclusive, limited license to access and use the Site and its content for your personal, non-commercial use only. This means you may view, download, or print copies of materials from the Site for your own informational use, provided that:

 

• You do not modify the materials and you retain all copyright and proprietary notices as they appear in the original materials;
• You do not distribute or republish Site content (like text, graphics, or documents) for any public or commercial purpose without our prior written consent; and
• You do not engage in any unlawful or prohibited activity in relation to your use of the Site.

Except as expressly permitted by these Terms or by law, you must not reproduce, adapt, distribute, sell, or create derivative works from any content on this Site. All rights not expressly granted to you in these Terms are reserved by AusGiving.

 

Intellectual Property Rights

All content and materials on the Site, including but not limited to text, logos, graphics, images, downloads, page layout, site design, software code, and other material (“Content”), are the property of AusGiving or our licensors, unless expressly indicated otherwise. This includes any improvements or compilations of the Content made by us. The Site and its Content are protected by Australian and international intellectual property laws, including copyright and trademark laws.

 

• Copyright: Unless otherwise noted, we own the copyright in the selection, coordination, arrangement, and enhancement of the Site’s Content. The compilation of all Content on this Site is © Australian Generosity Foundation Ltd (AusGiving), All rights reserved. You may not remove or alter any copyright, trademark, or other proprietary notices from copies of Content.
• Trademarks: “AusGiving,” “Australian Generosity Foundation,” our logo, and any other AusGiving product or service names or slogans displayed on the Site are trademarks of AusGiving. Likewise, TrustBridge Global Foundation’s name and logo are trademarks of TrustBridge Global Foundation (used on our Site to reference our partner). Other names, logos, and marks on the Site may be trademarks of third parties (such as partner organizations or charities). You are not granted any right or license to use any trademarks displayed on the Site without the express prior written permission of the respective owner.

Any unauthorized use of the Site or its Content for any purpose not expressly permitted by these Terms is strictly prohibited and may infringe our intellectual property rights or the rights of third parties.

 

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information through this Site are governed by our Privacy Policy [Placeholder for Privacy Policy]. We encourage you to read the Privacy Policy, which is incorporated into these Terms by reference.

 

By using this Site, you consent to AusGiving’s collection, use, and disclosure of your information as described in our Privacy Policy. In particular, if you choose to contact us via the Site or provide any personal details, you agree that we can handle those details in line with our Privacy Policy and applicable Australian privacy laws (including the Privacy Act 1988 (Cth)).

 

Note: If you access the TrustBridge giving portal or any other third-party website via links on our Site, any personal information you provide to those third parties will be governed by their own privacy policies. AusGiving is not responsible for how third-party sites handle your data. (See Section 7 and Section 10 regarding third-party links and disclaimers.)

 

Third-Party Links and the TrustBridge Giving Portal

Our Site may contain links to third-party websites or resources, including the TrustBridge Global Foundation’s online giving portal. These links are provided for your convenience and to further AusGiving’s purpose of facilitating global philanthropy. However, any third-party site or service you access through a link on our Site is entirely independent of AusGiving.

 

When you click on the TrustBridge link (or any other third-party link), you will be leaving AusGiving’s website and interacting with a site that is not controlled or operated by us. The inclusion of any link on our Site does not signify endorsement or approval of the third-party website, its content, or its services by AusGiving. AusGiving does not guarantee the accuracy, relevance, or completeness of information on third-party sites, nor do we have any responsibility for transactions, services, or actions taken on those sites.

 

Use of the TrustBridge Giving Portal: If you choose to donate or recommend a grant via the TrustBridge portal, your interactions are with TrustBridge Global Foundation, not AusGiving. You will be subject to TrustBridge’s own terms and conditions and policies (for example, their Fund Terms or user agreements) when using that portal. AusGiving does not handle funds on that portal, and we do not have control over the donor experience or outcomes on that site. Our role is as a facilitating partner; ultimate decisions and control over donations/recommendations on the portal rest with TrustBridge Global Foundation and its procedures.

 

We strongly encourage you to review the terms of use and privacy policies of any third-party websites you visit via links from our Site. You assume all risk when using third-party sites or services. AusGiving will not be liable for any loss or damage arising from your use of, or reliance on, any external sites or resources.

 

No Professional or Financial Advice

All content provided on this Site is for general informational purposes only. While AusGiving aims to provide accurate and up-to-date information about our operations and charitable giving, nothing on this Site constitutes legal, financial, tax, or other professional advice.

In particular, content on the Site should not be relied upon for tax planning or legal compliance regarding charitable donations. AusGiving and its representatives do not provide tax or legal advice. Before making any decision related to charitable giving (especially cross-border giving which can have specific tax implications) or any other matter, you should consult with qualified professionals (such as a lawyer, accountant, or financial advisor) who can take into account your individual circumstances.

Each person’s situation is unique, and laws and regulations (including tax laws) change frequently. AusGiving makes no representations or warranties regarding the accuracy or applicability of the information on this Site to your specific situation. You are solely responsible for verifying any information before relying on it.

 

User Conduct and Responsibilities

When using our Site, you agree to the following:

 

• Lawful Use: You will use the Site only for lawful purposes and in compliance with all applicable laws and regulations. You will not use the Site to further any illegal activity or to infringe the rights of AusGiving or any third party.
• No Harmful Interference: You must not attempt to damage, interfere with, or disrupt the Site’s operation or any network or system underlying or connected to it. This includes not introducing viruses, malware, or any other harmful or disruptive code.

• Accuracy of Information: If you choose to provide information on our Site (for example, via a contact form), you must provide true, accurate, current, and complete information. Do not impersonate any person or entity or misrepresent your affiliation with anyone.

• Prohibited Behaviors: You will not engage in any behavior that could harm AusGiving, our partners, or other users of the Site. This includes (but is not limited to) uploading or transmitting any defamatory, harassing, threatening, abusive, obscene, or otherwise objectionable content. You also agree not to collect or harvest any personally identifiable information from the Site for any unauthorized purpose.

Violation of this Section may result in termination of your access to the Site (see Section 12) and could expose you to civil or criminal liability.

 

Disclaimers

Use at Your Own Risk: The Site and all Content on it are provided on an “as is” and “as available” basis. AusGiving, along with its directors, officers, employees, volunteers, agents, partners, and affiliates (collectively, the “Protected Parties”), make no representations or warranties of any kind, express or implied, about the reliability, accuracy, or completeness of the Site’s content or the suitability of the Site for any purpose. To the fullest extent permitted by law, we disclaim all warranties and conditions, express or implied, in regard to the Site, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any guarantees that the Site’s content is up-to-date or error-free.

 

 

For clarity, AusGiving and the Protected Parties do NOT warrant or guarantee that:

• Security: Any communication or information transmitted to or from the Site will remain secure or confidential. While we implement security measures, the internet is not 100% secure.

• Accuracy: The information or statements on the Site (including third-party content) are accurate, timely, complete, or free from errors. We do our best to ensure accuracy, but mistakes or outdated information may occur.
• Availability: The Site will be available continuously, without interruption or downtime, or that access will be error-free. We may experience technical issues or maintenance downtime.

• No Viruses: The Site, its servers, or any content downloaded from it will be free of viruses, malware, or other harmful components. You are responsible for using up-to-date antivirus software on your devices.

Third-Party Content: Any statements, opinions, or other content provided by third parties (such as TrustBridge or other partners) and made available on our Site are solely those of the respective author or provider, not of AusGiving. We do not endorse or assume responsibility for any Third-Party Content (including external links or offers) on our Site.

 

Applicable Law Notice: Some jurisdictions do not allow certain disclaimers of warranties. If you are using the Site in such a jurisdiction, some of the above disclaimers may not apply to you. In particular, consumers in Australia have the benefit of certain statutory guarantees under the Australian Consumer Law (see Section 11 below). Nothing in these Terms is intended to exclude or restrict any rights you have under Australian law.

 

Limitation of Liability

Subject to Your Rights Under Australian Law: Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantees or mandatory rights you may have under the Australian Consumer Law or other applicable Australian legislation that cannot be lawfully excluded. These Terms must be read subject to those non-excludable provisions. If any guarantee, warranty, term, or condition is implied or imposed by applicable law and cannot be excluded, then we limit our liability for breach of that provision to the maximum extent permitted by law. 

 

To the extent permitted by law (and subject to the above paragraph): AusGiving and the Protected Parties will not be liable to you for any form of loss or damage arising out of or in connection with your use of (or inability to use) the Site or reliance on any Content. This exclusion of liability applies to all types of claims and causes of action, whether in contract, tort (including negligence), equity, statute or otherwise. In particular, we will not be responsible for any:

 

• Direct or Indirect Losses: This includes any direct, indirect, incidental, consequential, special, or punitive damages of any kind – for example, loss of profits, loss of data, business interruption, or loss of goodwill.

• Errors or Omissions: Any decision made or action taken by you in reliance on any Content or the Site’s functionality, or any errors or omissions in the Site’s content.

• Third-Party Conduct: Any loss or damage resulting from interactions with other users of the Site or with third parties (such as the TrustBridge portal or other linked websites), including transactions or communications conducted through those external sites.

• Security Breaches: Unauthorized access to or use of our servers and/or any personal information stored on them, or any bugs, viruses, Trojan horses, or other harmful code that may be transmitted to or through our Site by a third party.

This limitation of liability applies even if AusGiving or any Protected Party has been advised of the possibility of such damages. You agree that your use of the Site is at your own discretion and risk, and that your sole and exclusive remedy for dissatisfaction with the Site is to stop using it.

Some laws (including Australian consumer protection laws) may not allow the exclusion or limitation of certain damages. If those laws apply to you, some of the exclusions or limitations above may not apply to the extent such laws expressly override them.

 

Indemnification

You agree to indemnify, defend, and hold harmless AusGiving, its Protected Parties (directors, officers, employees, volunteers, agents, affiliates, partners, and licensors) from and against any and all claims, liabilities, losses, expenses, damages, and costs (including reasonable legal fees) that arise out of or relate to:

 

• Your use of the Site, including any Content you submit or actions you take through the Site;

• Your breach of these Terms or of any law or regulation; and/or

• Your violation of any third-party rights, such as intellectual property, confidentiality, or privacy rights.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. This indemnity obligation survives any termination or expiration of these Terms and your use of the Site.

 

Termination of Use

AusGiving reserves the right, in its sole discretion, to suspend or terminate your access to the Site (or any part of it) at any time and for any reason, without prior notice. For example, we may terminate or suspend access if we believe you have violated these Terms, if we need to do so for security or legal reasons, or if the Site is discontinued.

If your access is terminated: (a) your license to use the Site and Content will end immediately; (b) we may delete or deactivate your account (if any) and associated information; and (c) we will not be liable to you or any third party for termination of your access to the Site. Sections of these Terms which by their nature should survive termination (such as intellectual property rights, disclaimers, limitations of liability, indemnities, and governing law) will continue to apply even after termination.

 

Governing Law and Jurisdiction

This Agreement and your use of the Site are governed by the laws of New South Wales, Australia, and where applicable the federal laws of Australia, without giving effect to any conflicts of law principles. By using this Site, you submit to the exclusive jurisdiction of the courts of New South Wales for resolving any dispute arising under or relating to these Terms or your use of the Site. We operate the Site from New South Wales and make no representation that the content or Site is appropriate or available for use in other locations. If you access the Site from outside Australia, you do so on your own initiative and are responsible for compliance with any local laws applicable to your access.

 

You agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated, or representative action. This means you waive any right to participate in a class action against us.

• General Provisions

• No Waiver: If AusGiving does not enforce a provision of these Terms or fails to act with respect to a breach by you or others, this does not waive our right to later enforce that provision or any other provision of these Terms. A waiver is only effective if it is in writing and signed by an authorized representative of AusGiving.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of these Terms will continue in full force and effect.

• Entire Agreement: These Terms (including any documents incorporated by reference, such as the Privacy Policy) constitute the entire agreement between you and AusGiving regarding your use of the Site, and supersede any prior or contemporaneous understandings and agreements between us relating to the Site. Note that you may have additional agreements or terms with TrustBridge Global or other parties if you engage in donating or other activities; those agreements are separate and in addition to these website Terms.

• Assignment: You may not assign or transfer any rights or obligations under these Terms without our prior written consent. AusGiving may assign its rights and obligations under these Terms to any third party at our discretion (for example, in the event of a merger, acquisition, or transfer of assets).
• Headings: Section headings in these Terms are for convenience only and have no legal effect.

• Reservation of Rights: Any rights not expressly granted to you in these Terms are reserved by AusGiving.

• Contact Us / Questions

If you have any questions, concerns, or comments about these Terms or the Site, or if you need to contact us for any reason, please reach out to us:

Australian Generosity Foundation Ltd (AusGiving)

Email: info@ausgiving.org.au

(Or use the contact form on our website, if available.)

We will do our best to address your inquiry promptly.