Terms & Conditions

Website Terms of Use

1. The Watarrka Foundation Limited Terms of Use set out below (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 Privacy Policy at www.watarrkafoundation.org.au/privacy and you 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 investment advice. 

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 rights. 

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 benefit. 

9.4. All rights not expressly granted are reserved by the Watarrka Foundation. 

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 the Watarrka Foundation Privacy Policy.

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 Party Content. 

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. Liability 

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 Website/App.

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) however caused.

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. General 

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 

15.1. Definitions 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 account 

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 Australia 

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. Variation 

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. Cancellation 

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. Disputes 

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 debit request. 

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. Notices 

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.

Contact us 

If you would like to know more about the Watarrka Foundation, or have any queries, please contact us. 
Email: info@watarrkafoundation.com.au 
Telephone: 0419 603 330

Watarrka Foundation Limited
12 Village High Road 
Vaucluse NSW 2030 

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