1.1 Melbourne Legacy Ltd (“Melbourne Legacy”, “we”, “our” or “us”) (ABN 78 043 769 632) is a registered charity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cth) and a Public Benevolent Institution providing services to Australian families suffering after the injury or death of a spouse or parent, during or after their Defence Force service (Purpose).
2.1 These Terms of Use (Terms) apply as follows:
2.2 These Terms constitute a binding agreement between You and Us and govern your use of our website, subdomains and any other websites or mobile applications referencing, embedding or linking to these Terms of Use, including the website located at www.melbournelegacy.com.au (Site).
By continuing to access or use our Site or by donating to Melbourne Legacy, you are agreeing to these Terms. We may amend these Terms at any time including by publishing new terms on our website or mobile applications.
3.1 This Clause 3 sets out rights and obligations as a Donor. When making a donation to Melbourne Legacy, You agree that you have read and understand, and agree to be bound by this clause 3 of these Terms
3.2 All donations are gifts made voluntarily to Melbourne Legacy, a charity registered by the Australian Charities and Not-for profits Commission and endorsed by the Australian Taxation Office as a tax concession charity and deductible gift recipient with no conditions.
3.3 By donating to Melbourne Legacy, you understand and agree that your donation is made to Melbourne Legacy. Melbourne Legacy receives contributions from Donors and disburses contributions for our Purpose.
3.4 As required by law, for your donation to be considered tax-deductible, it must, among other requirements, be a genuine gift to Melbourne Legacy. Refunds may only be granted in exceptional circumstances.
3.5 Melbourne Legacy makes no representations to You about how your gift will be disbursed or assigned other than to support Melbourne Legacy to deliver on our Purpose.
3.6 Donors receive a tax receipt from Melbourne Legacy at the time of the donation. Donors who request refunds may not be eligible for tax deductions on their refunded donations.
3.7 Refunds may be granted at Melbourne Legacy’s discretion. Some circumstances in which refunds might be granted include when the donation was:
Donors with exceptional circumstances such as these may contact us to request a refund: supporters@legacymelb.com.au or by calling (03) 8626 0500.
3.8 Melbourne Legacy will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify Us against any claim made against Us in relation to the tax deductibility of your donation.
3.9 Melbourne Legacy receives donations through our online system (Supporter Engagement Hub) which integrates with a secure payment gateway. You may be asked to first register by providing your email as your username (Registration Data) to create a Donor profile (Account). Melbourne Legacy will only use Registration Data to manage your Account including to support requests for password reset or to deactivate an Account. By creating an Account with Us, You can updated your details at any time including payment details, frequency of payment, and other personal information.
3.10 You have sole responsibility for any activity that occurs via your use of the Supporter Engagement Hub, You must notify Us immediately if You become aware of any security or data breach or any unauthorised access to your Account.
3.11 When donating to Us, we may collect your personal information, including your name, date of birth, email address, billing and shipping address, preferred contact phone number, payment details. We use Stripe as our secure payment system when processing your donation. We do not store your credit card data.
3.12 Our Supporter Engagement Hub is accessible through our Site and does not allow for anonymous donations. This is so that we can properly administer your contribution and our tax-deductible gift recipient obligations.
3.13 Melbourne Legacy may communicate with You about your donation and send you news and updates about Melbourne Legacy and our Donor program. If you do not wish to receive communications, you can change your marketing preferences at any time by unsubscribing or contacting us: supporters@legacymelb.com.au.
3.14 Melbourne Legacy does not charge any fees. In the event this changes we will disclose to You any processing or platform fees prior to or at the time that you complete a donation to Melbourne Legacy using the Site or services. If you are making a donation through a Melbourne Legacy fundraiser, you can opt-in to donate the administration processing fee at the time of donation.
4.1 We are committed to protecting personal information and value your privacy. Our Privacy Policy sets out our practices relating to the collection, use, disclosure, storage, and destruction of your personal information.
4.2 This Site is hosted in Australia. We will collect and store information that you provide to us when interacting with our Site such when You subscribe to receive news and updates, access and use your member’s login, when You make a donation or purchase through our Site.
4.3 Information recorded when You use our Site may include:
IP address,
4.4 We use cookies which are small text files that are sent to a device by the user’s web browser which then stores a record of the visit in the web browser used. Cookies enable the proper functioning of our Site and assist Us to improve our Site browsing experience. You can manage your cookie settings via your web browser privacy settings.
4.5 In most cases, we will not be able to reasonably identify You when you visit our Site from the information collected (for example we use Google Analytics which only provides Us with aggregate data about visitors to our Site). However, if cookies or similar technologies are linked with personal information we hold about You, this cookie information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.
4.6 For further information on our Privacy Policy, how you can access or correct your personal information or report a privacy concern , please read our Privacy Policy at www.melbournelegacy.com.au/privacy.
5.1 You acknowledge and agree that your access to and use of the Site is on an “as is” basis and without any express or implied warranty of any kind.
5.2 When accessing and using the Site you must:
5.3 Your use of our Site is at your own risk. You must take your own precautions to ensure the telecommunications equipment and computer systems used by You to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to You or anyone else which may arise out of, or in connection with, your access to, and use of, the Site or services.
5.4 If You link to our Site, You must:
5.5 You must not use the Site, or services available through the Site:
6.1 You must not infringe Melbourne Legacy’s or another person’s intellectual property when using our Site or services.
6.2 The content on our Site includes text, code, software, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material which is protected by intellectual property laws (such as copyright, patents, and registered trade marks and designs), as well as other legal rights and actions. The Site includes content which we own or control, as well as content which is owned or controlled by other parties, which we licence (Melbourne Legacy Content).
6.3 Unless you have obtained our express prior written consent, You must not:
6.4 You consent to our use, distribution, storage, transmission, publication, and display (without charge) of anything you provide to us or upload on or through this Site. This extends to any of your stories, images, video, feedback, or suggestions.
7.1 Our Site contains links to other websites and social media sites such as LinkedIn, Facebook, X, and Instagram operated by third parties (Third Party Sites) which are linked for your convenience.
7.2 Melbourne Legacy does not control Third Party Sites or content and is not responsible for their content, links or other functionality such as e-commerce. If you have questions or concerns about those Third Party Sites or content, you should contact the relevant owner or operator of that Third Party Site.
7.3 Certain parts of our Site and our social media channels (including the interactive parts) may be operated by a third party or using third party technology, which also have separate terms and conditions applying to your use of or access to them.
8.1 Access to and use of an Account through this Site is restricted to registered Account holders and other persons authorised by Us.
8.2 We reserve the right to suspend an Account at any time including if the Account holder misuses the access, does not protect the confidentiality of their login and password, or an unauthorised person uses the Account holder’s login or password.
9.1 When making a purchase through our Site You agree to these Purchase Terms.
Products
9.2 Melbourne Legacy includes a range of Products for purchase through the Melbourne Legacy Online Shop (Online Shop). We have taken steps to ensure that the Products and descriptions of them on this Site are accurate. We do not, however, promise or represent that it is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. You should enquire with Us directly to ensure the accuracy and currency of the material you seek to rely upon.
9.3 All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. We will issue a compliant tax invoice when you make a purchase from our Online Shop. You purchase is not tax deductible. For more information on tax deductible gifts refer to Clause 3 – Making a Donation to Melbourne Legacy,
9.4 Melbourne Legacy represents and warrants that it has good and marketable title to the Products available for purchase on the Online Shop.
9.5 Products sold by Us must comply with applicable laws and be of merchantable quality. This means that the Products are:
Orders
9.6 We reserve the right to reject an order if, in our sole opinion, it is unacceptable.
9.7 We endeavour to supply all Products published on the Online Shop and remove items that are no longer available as soon as practicable. However, there may be occasions when all or part of your order cannot be fulfilled immediately or at all.
9.8 Acceptance of your order by Us implies that we will fulfil your order as follows:
9.9 We may not be able to fulfil your order:
9.10 Melbourne Legacy will take all reasonable steps to contact You using the personal details that You have provided about your order. If your supplied contact details are incorrect, Melbourne Legacy will not be held responsible for not fulfilling your order, nor for being unable to advise You that this is the case.
9.11 If You would like to change or cancel and order, please contact us on (03) 8626 0500 immediately with your order number. Once an order has been dispatched, Melbourne Legacy is unable to make any changes, and You will need to follow the return procedure.
Shipping and delivery
9.12 At present, Melbourne Legacy only ships orders within Australia.. Applicable shipping costs are stated at the checkout and are based on the volume of your order.
9.13 Delivery times will be as per our delivery provider Australia Post and will depend on the delivery option you have selected at the time of purchase.
9.14 Subject to your rights under the Australian Consumer Law, we will only refund shipping fees if you upgrade or cancel your order with us before it has been fulfilled.
Returns
9.15 Melbourne Legacy does not provide refunds for ‘change of mind’. You may be able to exchange your goods due to ‘change of mind’. If You want to exchange your goods, please contact Us at supporters@legacymelb.com.au within 14 days of receiving your goods with proof of purchase. Requests for exchanges will be evaluated on a case-by-case basis. Products eligible for exchange must:
9.16 If Melbourne Legacy does accept your ‘change of mind’ return request, then You must:
9.17 Melbourne Legacy does not provide refunds for change of mind for sale items or special orders.
9.18 Melbourne Legacy’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a refund or replacement if the goods are:
9.19 Without limiting Melbourne Legacy’s other remedies, where Melbourne Legacy breaches a warranty under clauses 9.4 and 9.5 of these Terms, our liability shall be limited, at our option, to any one or more of the following:
9.20 We will never knowingly send damaged or faulty items. If You have reason to believe the Product is damaged or in unsatisfactory condition or you have received the wrong item(s), please contact us first on supporters@legacymelb.com.au to discuss your order to assist Us to resolve your issue as quickly as possible.
9.21 When returning a Product to Us, You will need to prove that you purchased the Product via our Online Shop. If you are unable provide an order confirmation or receipt, another form of proof of purchase will be required.
9.22 If the Product is assessed by Us to be faulty or unfit for its intended purpose, refunds will be issued using the same method as your original payment. It can take up to 7 business days for You to receive a refund dependent on your financial institution.
10.1 You agree to indemnify, defend and hold harmless Melbourne Legacy, its affiliates and each of its and their officers, directors, employees, agents and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable legal fees) arising from or relating to:
10.2 To the extent permitted by law, You irrevocably waive and release Melbourne Legacy from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with these Terms.
11.1 We may make changes to these Terms without notice to You. Any amendments to these Terms will have immediate effect from the time that they are published on the Site.
11.2 Any provision of these Terms which is void or unenforceable may be severed from them without affecting the enforceability of other provisions.
11.3 A failure or delay by use to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
11.4 The Terms are governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.
12.1 In these Terms of Use:
Any reference in these Terms of Use to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms of Use unless otherwise specified.