(the Agreement) govern your use of the Watarrka Foundation
Limited website located at www.watarrkafoundation.org.au (the
Website) or as a mobile phone app (App) and form a binding
agreement between the Watarrka Foundation Limited (ABN 96
159963943) (Watarrka Foundation) and you in relation to your use
of the Website and the App.
2. Please read the Agreement carefully before using the Website or
App. If you have any questions, please contact us. By using the
Website or App, you acknowledge and agree that you have had an
opportunity to read and understand all of this Agreement and the
agree to be bound by their terms and conditions. If you do not
agree with the terms set out in this Agreement or the Privacy
Policy, you should not access or use the Website/App.
3. This Agreement does not constitute an agreement by the Watarrka
Foundation to provide services to you. Such an agreement with
you is only formed when you register as a user on the Watarrka
Foundation app. At that point in time, you will become subject to
the terms of this Agreement. Any browsing activity of the
publically accessible portions of the Website/App will remain
subject to this Agreement.
4. The Watarrka Foundation may, from time to time, amend this
Agreement. Any such amendments will be posted on the Website
and/or App and will take effect at least fourteen (14) days after
such posting. If you do not accept such amendments to the
Agreement, you cannot continue to use the Website or App. By
using the Website or App, you agree that the then current version
of this Agreement (including any amendments effective at that
time) applies to your use of the Website or App.
5. While all reasonable efforts have been made to ensure that the
information and content contained in this Website/App is accurate
and up to date, it is not designed to provide personal financial or
6. The Watarrka Foundation is a not for profit company registered under the Corporations Act and has DGR status.
7. General provisions
7.1. The Watarrka Foundation reserves the right to modify,
discontinue or disable the Website/App or any part of the
Website/App (on a permanent or temporary basis) at any time.
While the Watarrka Foundation will, where reasonably
practicable and possible, endeavour to provide you with prior
notice of such modifications, discontinuations or disabling, you
agree and accept that it may not always be possible to provide
you with such prior notification.
7.2. You must not use the Website or App:
7.2.1. to collect any personal information on other individuals or
to upload personal information of other individuals,
including their names, address, phone number or any other
identifying information; or
7.2.2. for any unlawful purpose.
7.3. You must not violate or attempt to violate the security of
the Website or App. You must not hack into the Website, App,
the Watarrka Foundation’s computer systems or the computer
systems of other users of the Website or App. "Hacking" means
unauthorised access, malicious damage and/or interference
and includes, without limitation, spamming, propagating
viruses, worms or other types of malicious programs,
deliberate attempts to overload a computer system, broadcast
attacks or any other method designed to damage or interfere
with the operation of a computer system or website/app.
7.4. If you breach the terms of this Agreement, the Watarrka
Foundation may (at its option, and without limiting the
remedies available to the Watarrka Foundation in any way)
terminate its agreement with you or bar you from accessing the
Website or App on a temporary or permanent basis.
8. Usernames and passwords
8.1. You can play an important role in keeping your personal
information secure by maintaining the confidentiality of any
password and accounts used on the Website or App. Please
notify the Watarrka Foundation immediately if there is any
unauthorised use of your account by any other internet user or
any other breach of security.
8.2. You are responsible for the security of your user name
and password (or other log-in information) and you take
responsibility to ensure the confidentiality of this information.
9. Intellectual Property Rights
9.1. The Website/App and all content contained on the
Website/App (including without limitation all text, graphics,
icons, advertisements, photographs, databases, trade marks
and other information contained on the Website/App (other
than Third Party Content) (the Watarrka Foundation Content)
(and all intellectual property rights that subsist in the
Website/App and the Watarrka Foundation Content, including
without limitation copyright, trade marks, patents, design rights
and all other forms of intellectual property existing in the
world) are owned and operated by the Watarrka Foundation or
its third party licensors and suppliers. Nothing in this
Agreement constitutes a transfer of any intellectual property
9.2. Subject to this Agreement and all applicable laws and
regulations, the Watarrka Foundation grants you a nonexclusive,
non-transferable, personal, limited licence to
download, access, view, use and display the Watarrka
Foundation Content which the Watarrka Foundation makes
available to you from time to time on the terms and conditions
set out in this Agreement.
9.3. You must not do anything which breaches or otherwise
interferes with the Watarrka Foundation’s intellectual property
rights or the intellectual property rights of any of the Watarrka
Foundation’s third party licensors. You may not distribute,
reproduce, publish, alter, modify or create derivative works
from any the Watarrka Foundation Content without the prior
written permission of the Watarrka Foundation or the relevant
third party licensor or exploit such contents for commercial
9.4. All rights not expressly granted are reserved by the
10. By using the Website and the App, you agree to provide true,
accurate, current and complete information about yourself.
11. Any personal information collected by the Watarrka Foundation
through the Website/App, or otherwise collected by or on behalf
of the Watarrka Foundation, will be dealt with in accordance with
12. Third Party Activities
12.1. The Watarrka Foundation Website or App may contain
links to third party websites where content is not controlled by
the Watarrka Foundation (Linked Sites).
12.2. Links to Linked Sites are provided for convenience only.
The appearance of a link to a Linked Site does not imply the
Watarrka Foundation’s endorsement of that Linked Site or any
content created or uploaded by a party other than the
Watarrka Foundation, including all text, graphics, icons,
advertisements, photographs, databases, trade marks and
other information created and/or uploaded by such a party
(Third Party Content). the Watarrka Foundation has no control
over and is not responsible for any Linked Site or any Third
12.3. You access Linked Sites at your own risk and, to the full
extent permitted by law the Watarrka
Foundation disclaims all guarantees and warranties, express
and implied, as to the accuracy, value, legality or otherwise of
any materials or information contained on such Linked Sites
and in Third Party Content.
12.4. Your use of Third Party Content (including, without
limitation, that featured on Linked Websites) may be subject to
a third party's terms and conditions of use. It is your
responsibility to check and comply with such terms.
13.1. To the full extent permitted by law, the Watarrka Foundation excludes all representations,
warranties, guarantees, terms and conditions, whether express
or implied (and including, without limitation, those implied by
statute, custom, law or otherwise), except as expressly set out
in this Agreement.
13.2. To the full extent permitted by law, the Website/App and
the Watarrka Foundation Content is provided to you "as is" and
on an "as available" basis, without any representation or
endorsement made and without warranty or guarantee of any
kind (whether express or implied).
13.3. To the full extent permitted by law, and except where the
relevant liability arises from the Watarrka Foundation’s unlawful
actions, neither the Watarrka Foundation nor any party
involved in creating, producing or delivering the Website/App
accepts any liability for the accuracy, timeliness or
completeness of the information contained on the Watarrka
Foundation Website/App or any responsibility for any errors or
omissions in the content on the Watarrka Foundation
13.4. To the full extent permitted by law and except where the
relevant liability arises from the Watarrka Foundations’ unlawful
actions, the Watarrka Foundation excludes all liability to you for
any damages or loss (including without limitation direct,
incidental, indirect, consequential, special, punitive or
exemplary damages or any loss of business, interest, goodwill,
revenue, profit, or loss or corruption of data) arising out of your
access to, or use of, or inability to use or access the
Website/App or otherwise in connection with your use of, or
reliance on, the Website/App (or any of the Watarrka
Foundation Content, Linked Site or Third Party Content)
13.5. Certain legislation including the Australian Consumer
Law, may imply warranties or conditions or impose obligations,
remedies or guarantees which cannot be excluded, restricted
or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of
acceptable quality or that services will be rendered with due
care and skill (with certain remedies available to consumers for
certain breaches of such guarantees). To the extent that such
legislation applies, this Agreement must be read subject to
those statutory provisions.
14.1. We may provide you with notices in connection with this
Agreement by posting such notices on the Watarrka
Foundation Website/App or, where appropriate, by email or
mail if you have provided contact details for that purpose.
14.2. This Agreement is governed by the laws of New South
Wales, Australia, and the parties submit to the non-exclusive
jurisdiction of the courts of New South Wales and waive,
without limitation, any claim or objection based on absence of
jurisdiction or inconvenient forum.
15. Direct Debit Request Service Agreement
In this agreement:
15.1.1. agreement means this Direct Debit Request
Service Agreement between us and you
15.1.2. debit arrangements means the debit
arrangements that apply between us and you as set out in
this agreement and the direct debit request
15.1.3. debit day means a day that your account is due to
be debited by us
15.1.4. debit payment means a particular debit from your
15.1.5. direct debit request means the Direct Debit
Request made to us by you
15.1.6. we, us or our means the Watarrka Foundation
15.1.7. your account means the Funding Account
identified by you in the direct debit request from which you
have authorised and requested us to debit funds
15.1.8. your financial institution means the financial
institution identified by you in the direct debit request
which holds your account
15.2. Debit arrangements
15.2.1. By applying for a to make a donation to a charity or
contribution to a superannuation fund, using the App you
agree to the terms of this agreement and authorise and
request us to debit from your account any amount payable
to us by you, including any payable Maintenance Fees.
15.2.2. If the debit day is not a Business Day, we may debit
your account on the next Business Day. If you are uncertain
about when a debit payment has been or will be
processed, you should contact your financial institution.
15.3.1. We may vary or cancel the debit arrangements at
any time if we have given you at least 14 days' notice of the
variation or cancellation.
15.3.2. You may, in writing (including via email), ask for the
debit arrangements to be altered. If you request a variation
in the debit arrangements, you will be required to provide
verification information again.
15.4.1. You may cancel your authority for us to debit your
account at any time by giving us at least 14 days notice in
writing. You may cancel the debit arrangements by
contacting your financial institution.
15.4.2. If you cancel the debit arrangements with your
financial institution, you must make other arrangements
with an alternative financial instruction.
15.5.1. If you believe that we have debited your account
incorrectly, contact us. We may ask you to confirm your
query in writing. We will investigate your query and notify
you in writing of the action we have taken within 21 days.
15.5.2. If we find that the debit was made incorrectly, we
will adjust your account accordingly (including in relation to
interest and charges). To the extent permitted by law, we
will not be liable for any other losses suffered by you. If we
with reasons and any evidence for this finding.
15.5.3. You may also ask your financial institution to query
a debit on your behalf.
15.6. Your account
15.6.1. Direct debiting is not available on all accounts and
you should check with your financial institution whether
direct debiting is available on your account.
15.6.2. It is your responsibility to ensure that the account
details provided to us in the direct debit request are
correct. You should check those account details against a
recent statement from your financial institution.
15.6.3. If you are uncertain about the debit arrangements,
you should check with your financial institution before
completing the direct debit request.
15.6.4. It is your responsibility to ensure that your account
has sufficient clear funds available on a debit day to permit
a debit payment to be made in accordance with the direct
15.7. Failed payments
15.7.1. If your financial institution does not permit us to
process a debit payment on a debit day (whether because
there are insufficient clear funds or for any other reason),
the following terms apply.
15.7.2. We will notify you in writing.
15.7.3. Your financial institution may require you to pay
fees, charges and interest.
15.8.1. If you are required or wish to give us written notice
in relation to the debit arrangements, use the App or the
contact details on the front of this PDS. We will send notices
to you by email to the address that you have provided to us.
If you would like to know more about the Watarrka Foundation, or
have any queries, please contact us.
Telephone: 0419 603 330
Watarrka Foundation Limited
12 Village High Road
Vaucluse NSW 2030