Terms of Use

Last Updated: 8 May 2019

This IFAW.org website, and other associated IFAW websites (the "Site"), is owned and operated by the International Fund for Animal Welfare (Australia) Pty Ltd (ABN 90 002 655 754) ("IFAW"), a registered Not for Profit organisation incorporated in Australia, located at 6 Belmore Street, Surry Hills, NSW 2010, Australia.

Please read these terms and conditions carefully before using the Site.

By using the Site, you acknowledge that you have read and agree to all of these terms without limitation, as well as the IFAW Privacy Policy and Collection Statement. If you do not agree to these terms, you should not use the Site.

IFAW may revise these terms from time to time without notice to you, and you should therefore periodically review these terms by clicking the Terms of Use link at the bottom of each IFAW webpage. If you continue to use the Site after we post changes to these terms, you accept such changes.

Any notices should be sent to us via email at info-au@ifaw.org.

Use of materials on the site

All materials on the Site, including but not limited to artwork, photographs, graphics, audio clips, video clips, animations, data, text and trademarks ("Content"), including in the IFAW Resource Centre, are owned by or licensed to IFAW and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted, and may not be used except as permitted in these Terms of Use or as indicated on the Site.

You may view, print, copy and distribute the Content only for your personal, non-commercial purposes, provided that (1) you do not modify any of the Content, (2) any copies include all copyright, trademark and similar notices, and (3) you do not post any of the Content on any other website or network computer or publish or broadcast any of the Content in any media.

You may not use, copy or distribute any of the Content for any other reason without IFAW's prior written consent or the consent of the third party licensor. 

Materials and logos, brands and trade names displayed on the website are either the property of, or used with permission by, IFAW. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from us or the third-party owners. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes.

Any use, copying or distribution of the Content not expressly authorised by this paragraph may violate copyright and trademark laws, the laws of privacy and publicity, and other criminal and civil laws.

IFAW reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Site.

To request consent to use any Content for purposes not expressly authorised herein, please send a message to: webmaster@ifaw.org using the subject "materials permission".

A failure to reply to any email or other overtures requesting permission to use any such materials published on IFAW.org is NOT an implied or explicit permission to use such materials.

You agree not to circumvent, disable or otherwise interfere with security related features on the Site or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Site or any Content herein.

Restrictions on use

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to IFAW’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

Notwithstanding the foregoing, IFAW grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials.

IFAW reserves the right to revoke these exceptions either generally or in specific cases.

You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. Publication of electronic addresses on the Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

You agree not to solicit any users of the Site for any commercial purposes.

Outside links

The Site may contain links to third-party sites. IFAW provides these links as a convenience and does not endorse the companies or contents of any such sites.

IFAW has no control over, is not responsible for, and makes no implicit or explicit representation and warranty and disclaims to the extent permitted by law all liability with respect to any such site, any content on any such site (including its accuracy, validity, or legality) or any such site's privacy practices.

Use such sites at your own risk.

No warranty or liability

While IFAW attempts to provide accurate information on the Site, IFAW, its affiliates, and their respective members, shareholders, directors, trustees, officers, employees, agents and suppliers (the "IFAW Parties") assume no responsibility for, and offer no warranties or representations regarding, the accuracy, reliability, completeness or timeliness of any of the Content or the content on any sites linked to from the Site.

Features and information of third parties, and third party products, services, materials or opinions described or depicted on the Site, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of third parties as displayed on the Site and via website hyperlinks are subject to change at any time without notice.

To the extent permitted by law, this Site and all Content is provided "as is" and IFAW disclaims all warranties, express or implied, of any kind, including warranties of merchantability or fitness for a particular purpose and non-infringement. You agree that you use the Site at your own risk.

Furthermore, none of the IFAW Parties warrant that the Site will operate error-free or that the Site, its server or the Content are free of viruses or similar harmful features.

To the extent permitted by law, under no circumstances shall any of the IFAW Parties be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use or inability to use the Site or the Content even if such IFAW Party has been advised of the possibility of such damages. . You specifically acknowledge that IFAW shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to defend, indemnify and hold harmless IFAW, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Site; (ii) your breach of any term of these Terms of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit via the Site violates any third party right or any law. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.

Assignment

These Terms of Use, and any rights, consents and licenses granted under these Terms of Use or otherwise by IFAW, may not be transferred or assigned by you, but may be assigned by IFAW without restriction.

Ability to accept terms and conditions of use

You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are at least 15 years of age, as the Site is not intended for children under 15.

General provisions

The Site refers to campaigns, information, material, and/or services that are generally available and relevant in Australia but may not be available or relevant in your particular country or locality. The reference to any such campaigns, information, material or services in the Site does not imply or warrant that these campaigns, information, material or services will be available at any time in your particular locality. You should therefore check with IFAW for specific availability in your locality.

These Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Site or Content shall be governed by and construed according to the laws of New South Wales, Australia without regard to conflict of law principles. The courts of New South Wales or the Federal Court sitting in New South Wales, Australia have exclusive jurisdiction to resolve any claims or disputes (including non-contractual claims or disputes) arising from or relating to the Site or the Content and you hereby consent to the exclusive jurisdiction of such courts. Any claims arising from or in connection with the Site or the Content must be brought in such courts within one year after the event giving rise to such claim.

These Terms of Use, together with the Privacy Policy and any other legal notices published by IFAW on the Site, shall constitute the entire agreement between you and IFAW concerning the Site. If any of these terms are found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. Failure by IFAW to enforce any of these terms shall not constitute a waiver of such terms or any other terms. No waiver or consent shall be effective against IFAW unless in writing and no such waiver or consent shall be construed as a waiver or consent in any other or subsequent instance.

Submissions to IFAW or made via the site

If you send any communications or materials or content (of any nature) to or through the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by IFAW or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, by sending or placing any such information, you grant to IFAW an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials or content including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information.

Although IFAW may from time to time monitor or review comments, posts, uploads, discussions, chats, postings, transmissions, bulletin boards and the like that may be included from time to time on the Site, IFAW is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, misleading, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. 

Where you transmit communications to third parties through IFAW (eg where you take action by sending messages to public figures through the Site), you warrant that you agree with and endorse the content of the communication, and that the communication comprises your views. You acknowledge that you may receive a response from the third party through the contact details that you have provided to IFAW. 

Miscellaneous

IFAW will fully cooperate with any law enforcement authorities or court order requesting or directing IFAW to disclose the identity of anyone posting such materials. In addition, you will not:

  1. restrict or inhibit any other user from using or enjoying the Site; or

  2. post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or

  3. download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.


User Accounts

In order to access certain parts of this Site, you may be required to register a user account with a log in email address and password. In order to register a user account in the manner required, you must provide all information requested, including your full name, organisation, country and current and valid email address. Incomplete user account registrations will be invalid.

You may not be able to access certain parts of or links from this Site unless you have registered a user account in the manner required. You must log in to your user account in the manner required each time you wish to access the relevant part of or link from the Site.


You are responsible for maintaining the strict confidentiality of your user account and password, and you are responsible for any activity under your user account login and password. You agree to:

  1. immediately notify us of any unauthorised use of your password or user account or any other breach of security; and

  2. ensure that you exit from your user account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your user account and notify us when you desire to cancel your user account.

We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

We reserve the right to refuse requests to register, or to cancel, user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user logins which are the same as or similar to existing user logins or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and logins which infringe copyright, contain brand names, company names or registered trade marks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another person.

User accounts must be registered in your own name and not in the name of any other person. We reserve the right to refuse requests to register user accounts in our sole discretion.

We will not accept any request to register a user account that we suspect is being made by or on behalf of a person who has been suspended from the site for breach of these Website Terms and Conditions of Use or has been suspended as a user of another Site for vexatious, illegal or inappropriate use of the Site.

We reserve the right to close your user account in our sole discretion.

Cookies

As a result of viewing this Site some information may become stored on your computer. This information may be in the form of a 'cookie' or similar file which may help us in many ways, for instance to improve the content of this Site or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Site you consent to our use of any information gathered for the purposes mentioned above, including in accordance with our Privacy Policy.

Donations

Donations generally
You may make a donation to IFAW through this Site as prompted and in accordance with these Terms of Use. You must be aged 18 years or older and possess a valid credit card or debit card issued by a bank, or a bank or Paypal Account, acceptable to IFAW.

When making a donation by debit card or credit card, you will need to provide your debit or credit card details, including but not limited to the name on the card, card number, card expiry date, and CVV number on the card. The debit or credit card used to make a purchase through this Site must be Visa, MasterCard or American Express.

You undertake that all details you provide to IFAW when making a donation are current, correct and complete, that you are the authorised and current holder of the credit card, debit card, or bank or Paypal account used to make the donation, and that your payment method has sufficient funds to cover your donation in full.

Upon receiving your details, IFAW or its payment processor may carry out a standard pre-authorisation check of your selected payment method to verify the details submitted and to ensure there are sufficient funds to fulfill the transaction, and the donation may not be processed until this pre-authorisation check has been completed. If IFAW is unable to successfully process your debit card, credit card or bank debit or Paypal payment, we may notify you and seek to re-process the donation.

Your gift represents a vital contribution to IFAW's entire mission of saving the world's animals from cruelty and exploitation and will be used where most needed to help ease their suffering.

All transactions are processed in Australian dollars. We will provide you with a tax receipt for donations of greater than $2.

Making regular donations
Where you are making a regular donation (such as a monthly donation), you authorise IFAW to debit the donation amount from your selected card or account on or around the donation date and regularly thereafter according to the stated donation frequency, subject to public holidays.

Where you are making a regular donation (such as a monthly donation), you undertake to inform us if your credit card, debit card, bank or Paypal account has expired, or your credit card or debit card has been cancelled or reported lost or stolen. This assists avoid unnecessary bank fees and administration costs.

Refund Policy
Donations are generally non-refundable.

However, donations that were made fraudulently using a credit card, debit card or paypal account may be refunded by the relevant financial institution or Paypal.

Refunds are generally returned using the original method of payment – e.g. if you made your donation by credit card, any refund will be credited to that same credit card.

Changing or cancelling your donations
If you are making regular donations (such as monthly donations), you can change or cancel your donation at any time online. If you require assistance cancelling your regular donation simply email info-au@ifaw.org or call us at: 1 800 00 IFAW. Please allow 10 business days for the alteration or cancellation of your regular donation.

Disputes
If there is a dispute between you and IFAW about a donation, we will consider the dispute in accordance with our refund policy. Please note that further information or documentation may be required to demonstrate that a payment was fraudulent. This may include proof of identification, statutory declarations, financial statements and/or police reports. 


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