Terms and Conditions
1. Conditions of Use
These terms and conditions apply to the use of this website, any App or application or similar format or program which we may develop and use from time to time (Website). By using this Website you warrant that you have had sufficient opportunity to access these Terms and Conditions, and agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, then you should leave this Website.
You may use the material on this Website for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of the Prior Provincial, Augustinians of the Province of Australasia, located at 44 Alfred Road, Brookvale, New South Wales, Australia.
You may not use any part of the material on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by us. Material in relation to the sale or provision of products and Services may also be subject to the copyright of other parties. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these Website terms and conditions, you must not:
- (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
- (b) commercialise any information obtained from any part of the Website.
The trade marks and logos appearing on our Website, and on our products or Services, are our property or the property of others which we are authorised to use (our trade marks).
You must not use any of our trade marks without our written permission.
These Website terms and conditions and any additional terms, conditions, notices and disclaimers contained elsewhere on the Website form the conditions of use of and access to the Website.
You acknowledge that we operate in a dynamic environment and that it may be necessary for us to vary these Website terms and conditions at any time without providing you with notice. You acknowledge that changes will be effective immediately upon publication on the Website. If you do not accept the revised terms and conditions, then you should leave or cease to access the Website.
3. Accuracy of information and disclaimer
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your risk. Neither the Augustinians of the Province of Australasia, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website is current, will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure.
The material is provided for your information only and is not intended to (and shall not) constitute the provision of advice on which you should rely, including in relation to making any legal or financial decisions. You should make your own enquiries and seek independent advice in relation to such matters. The Augustinians of the Province of Australasia will not be liable for loss resulting from any action or decision by you in reliance on information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
Nothing on our Website or in these Website terms and conditions is intended to amount to an offer to provide goods or services. However, should any goods or services be offered or provided (or be deemed to be offered or provided) then the following provisions shall apply.
Subject to law, including any liability we may have under the Australian Consumer Law (ACL) which cannot be excluded, we do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:
- (a) your use of this Website;
- (b) any Linked Websites;
- (c) your use or reliance on information or materials contained on or accessed through this Website; or
- (d) any of our products or services. You acknowledge that we do not provide any products or services via this Website. Should we do so then any products or services offered will be subject to our separate terms and conditions relating to the provision of those products or Services.
Subject to the matters set out in this sub clause, to the extent that we are unable to exclude liability for any loss or damage or liability you may incur or suffer, our maximum cumulative liability is limited to $100 provided that any claim is notified to us in writing within 12 months of the circumstances giving rise to the claim occurring.
With the exception of any applicable consumer guarantees under the ACL, any condition or warranty which could otherwise be implied in connection with our products or Services, or the Website, is excluded.
Subject to any liability we may have under the ACL which cannot be excluded, where any of our Services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any direct loss, indirect loss, Consequential Loss or other damage is limited to:
the replacement of the relevant products or Services, or the supply of equivalent products or Services; or
the payment of the cost of replacing the relevant products or Services, or of acquiring equivalent products or Services.
Nothing in these Website terms and conditions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.
In these Website terms and conditions, Consequential Loss means, without limitation, one or more of:
- (a) loss of profits
- (b) loss of revenue
- (c) loss of data
- (d) lost production
- (e) loss of business
- (f) loss of the benefit of any contract or other agreement or arrangement
- (g) losses which do not arise naturally from a breach of contract in the usual course
- (h) death or personal injury
- (i) damage to health
- (j) damage to reputation and
- (k) legal costs.
6. Your Conduct
Through this Website you may be able to link to other websites which are not under the control of the Augustinians of the Province of Australasia. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them and you should use your own discretion about whether to access any other website.
As a condition of your use of the Website, you warrant to the Augustinians of the Province of Australasia that you will not use the Website for any purpose that is unlawful or prohibited by these Website terms and conditions. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
- (a) use the Website to defame, abuse, harass, stalk, threaten or otherwise offend others;
- (b) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- (c) use any automated scripting tools or software;
- (d) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Augustinians of the Website;
- (e) impersonate any person or entity;
- (f) upload, post, e-mail, transmit or otherwise make available any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- (g) breach any applicable laws or regulations.
- (h) Violate or attempt to violate any aspect of the security of the Website;
- (i) Modify, reverse engineer, disassemble, decompile, copy or cause damage or unintended effect to any portion of the Website, or any software used on the Website;
- (j) Use any device, software or process to interfere with the proper working of or access to our Website by others;
- (k) Otherwise monitor, modify copy or extract the content of the Website or any data contained within or accessible from our Website.
The Augustinians of the Province of Australasia may not regularly monitor any use of the Website. However, the Augustinians of the Province of Australasia retain the right at all times to monitor, remove, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
If you have any concerns over material which has been posted to the Website (by us or by other parties) or in relation to any links to the Website, you should notify us immediately.
You will indemnify the Augustinians of the Province of Australasia if we or our related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your use of or conduct on the Website.
7. Collection Notice
The Augustinians of the Province of Australasia are collecting your personal information (including your name, contact details (such as phone number and address), demographic information (such as age and occupation), financial information (such as credit card details) and photographs, videos and stories) so that we can:
- (a) contact you;
- (b) enable you to participate in offers or promotions;
- (c) provide you with services and information; and
- (d) receive offerings and donations from you.
We will also use the contact details you have provided us to send you marketing information and materials related to our activities, functions and initiatives, including, where you have opted in, via email or other digital communications.
8. Cookies and Data
Our Website uses “cookies” as a fundamental interaction with you internet browser. Cookies enable us to provide you with superior, customer-oriented service. A “cookie” is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
Further details about our Cookies and Data Policy is set out at https://www.TBC.com.au/Cookiesanddata-Policy.
We generally collect personal information directly from you via our Website, or when you otherwise contact and correspond with us (eg over the phone, via email or in person). Where it is not practicable to collect personal information from you, we may also collect personal information from publicly available sources of information, and, where you have provided your consent, from third parties.
If you do not provide us with the personal information we have requested, we may not be able to provide you with services or accept donations from you, to the extent that they require us to collect, use or disclose personal information.
We may disclose your personal information to our related entities, contractors providing services to us and to other third party service providers (such as mailing houses) we use in conducting our business.
We may also disclose your personal information where we are required or authorised by Australian law to do so (including the Income Tax Assessment Act 1997 (Cth).
Further information about how we handle your personal information, including details about how you can access your information and how you can complain about a breach of the Australian Privacy Principles (as well as how Augustinians of the Province of Australasia will deal with any complaint) can be found in our Complaints Policy available at http://www.osa.org.
You can contact us by getting in touch with our Privacy Officer, phone (02) 9938 0200, email firstname.lastname@example.org, or at 44 Alfred Road, Brookvale, New South Wales, Australia.
9. Merchant Facility and Other Service Providers
Some of our service providers (such as BPoint payment facility) may require you to access their site, such as in order to make a payment or donation, When you access any third party site you may be asked to accept their terms and conditions. We will not recommend any third party site to you and if you choose to accessing third party site, our liability to you will cease.
10. Refund Policy
If a payment or donation has been made to Augustinians of the Province of Australasia in error and a refund is required, please contact (02) 9938 0200 on or alternatively email email@example.com. Please note any approved refunds will be returned using the original method of payment. Payments or donations made via credit cards will be refunded to the same credit card used to make the donation.
If any of these Website terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability and to the extent possible may be severed, without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
If we waive any rights available to us under these Website terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
the Website is operated from Australia. We make no representation that the content and materials on the Website are appropriate for use in other locations.
These terms and conditions and your use of the Website are governed by the laws in force in New South Wales, Australia. By using the Website, you agree to submit to the jurisdiction of the courts of New South Wales, Australia.