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Terms & Conditions

This is the website of The Minderoo Foundation Pty Ltd as trustee for the Minderoo Foundation Trust (Minderoo). By using the pages in this website, you agree to these terms and conditions. If you do not agree, you should not use this website. We may change or update these terms and conditions from time to time.

The content on this website is for general information and promotional purposes only. Minderoo does not warrant or make any representations as to any third party products or services described or referred to on this website. Any use of this website’s content, materials or information by another person or organisation is at your own risk.

The content on this website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of third party content on this website is not an endorsement of any organisation, product, service or advice.

This website contains trade marks, logos and trade names of Minderoo or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on this website.

All intellectual property rights, including copyright, in this website and its content are owned or licensed by Minderoo or any of its related entities. All rights are reserved. Apart from any use permitted under the Copyright Act 1968 (Cth), you must not copy, frame, modify, transmit or distribute the material at this website without the consent of the copyright owner.

You may save a local copy or print a copy of material at this site for your own personal non-commercial use, provided the copyright notice on the material is not removed. However, you may not charge for such use and any commercial use is expressly prohibited. This means, for example, that you must not post material from this site to a local intranet site, or distribute the material for your own commercial purpose, without the copyright owner’s permission.

You are welcome to link to this site, provided that in doing so:

  • you do not use any trade marks featured without the permission of the trade mark owner; and
  • you do not link to this site from a site or in a manner which disparages the reputation of Minderoo, its related bodies corporate, related entities, suppliers or advertisers.

For permission to use text information or photographs from this website in a manner other than that stated above, please contact us at hello@minderoo.com.au.

If you have any questions about this website, or if you find any errors, please contact us at hello@minderoo.com.au.

Restrictions and limitations of liability

Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Subject to the remainder of this section, Minderoo does not warrant the accuracy, adequacy, reliability or completeness of the information and materials in this website and expressly disclaims liability for errors or omissions in such information and materials.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, the liability of Minderoo for a breach of a non-excludable guarantee is limited, at Minderoo’s option, to:

(a) in the case of goods supplied or offered by us, any one or more of the following:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) in the case of services supplied or offered by us:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

Minderoo will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with this website, the content on this website, all links to or from this website or the goods and services advertised or referred to on this website.

The maximum aggregate liability of Minderoo for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.

This website may be linked to other sites that are not maintained by Minderoo. Minderoo is not responsible for the content of those sites. We have not reviewed all of the third party websites linked on this website and are not responsible for and will not be liable in respect of their content or accuracy. The inclusion of any link to such sites does not imply endorsement, support or sponsorship by Minderoo of the other sites, their operators, the goods, services or content that they describe and Minderoo makes no representations whatsoever about any other website which you may access through this website.

Facebook, Twitter and other third party websites which are linked to this website, are not covered by these terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Minderoo is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Minderoo is not responsible for and will not be liable in respect of any incorrect link to an external website.

Disclaimer

The material in this website could include technical inaccuracies or typographical errors. Minderoo may make changes or improvements at any time.

Information on the Minderoo website, or those of any of its related entities, or related bodies corporate, is provided with the understanding that Minderoo is not rendering professional advice or recommendations. You should not rely on any information on this website to replace consultations with qualified professionals to meet your individual needs.

Donations

General donation terms

The Minderoo Foundation Pty Ltd as trustee for the Minderoo Foundation Trust (ABN 24 819 440 618) is a Deductable Gift Recipient (DGR) under Australian tax law which provides for tax deductions for donations over $2.

Donations to Minderoo must be voluntary, unconditional and not the result of or subject to a contractual obligation or pre-existing agreement. Donations are non-refundable and not subject to GST.

Donors and their associates must not receive any material benefit, advantage, right or privilege (apart from tax deductibility) and not act on an expectation that a material benefit, advantage, right or privilege will be returned to them in return for their donation.

Donors may nominate a Minderoo initiative or project as the preferred recipient of their donation. Minderoo is not obliged to allocate any donation to a preferred project or initiative, however, we will take into account donor wishes.

Acceptance of Donations

Minderoo welcomes gifts and donations from the community, businesses and organisations that support its objectives. However, we may decline a donation at our discretion without giving a reason. In particular, we may decline a gift where:

  • the cost of acceptance would be greater than the value of the donation;
  • the offer of the gift is dependent on fulfilment of any conditions;
  • the source of the funds is not consistent with Minderoo’s objectives or values; or
  • the donor is not an Australian citizen and the donor intends the funds to be spent on electoral expenditure.

Electoral Expenditure

Minderoo is registered with the Australian Electoral Commission as a Political Campaigner and as such cannot accept foreign donations for the purpose of incurring electoral expenditure or creating or communicating electoral matter (electoral expenditure). 

If you would like to make a donation towards any of our projects that include electoral expenditure, you must be an Australian citizen, resident, or satisfy the conditions under the Commonwealth Electoral Act 1918 to donate to us. We may need to obtain information to verify that you are not a foreign donor.

If you do not explicitly request that your donation is not to be used for electoral expenditure, and you would like to donate over $100, please contact us at hello@minderoo.com.au to discuss eligibility.

Annual Disclosures

Minderoo is required to disclose single or cumulative donations from any one donor over the disclosure threshold (currently $13,800) to the Australian Electoral Commission.

Donors to Minderoo, who donate over the disclosure threshold and do not explicitly request that your donation is not to be used for electoral expenditure will also need to complete an annual return. For more information refer to the Australian Electoral Commission – https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/Overview.htm

Disputes and refunds regarding donations

All complaints, grievances and disputes will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality. All parties are required to participate in the dispute resolution process in good faith. If you believe that there has been an error with your donation, you should email us at hello@minderoo.com.au so that we can resolve your query quickly. Any issues should be directed to Minderoo in the first instance so that we can attempt to resolve the matter. If you are not satisfied with the outcome you can still refer it to your financial institution which may obtain details of the disputed transaction and may lodge a claim on your behalf.

General terms

Prohibited uses

You agree that in accessing and using this website, you will not engage or attempt to engage in any activities that:

  • download (other than page caching) or modify this website or any portion of this website;
  • impersonate or falsely claim to represent a person or organisation;
  • are commercial, including selling, marketing, advertising or promoting goods or services;
  • frame this website without Minderoo’s express written permission;
  • post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights;
  • post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate;
  • bypass (or attempt to bypass) any security mechanisms imposed by this website;
  • provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
  • delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any material contained in this website; or
  • knowingly post or transmit or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material.
Access and communication

Subject to the consumer guarantees provided for in the ACL, Minderoo does not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you. Whilst Minderoo takes reasonable precautions to protect information transmitted via this website, Minderoo cannot and does not guarantee the security or confidentiality of these communications or the security of this website.

Minderoo does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across this website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Termination of your access to this website

Minderoo may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in its sole discretion and without prior notice.

Jurisdiction and law

These terms are governed by and must be construed in accordance with the laws of the State of Western Australia, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.

International use

We make no representation or warranty that any offering or content accessible through this website is appropriate or available for use in locations outside Australia. If you choose to access this website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.

Severability

Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.

Feedback and complaints handling procedure

Minderoo welcomes feedback and uses best efforts to attend to all complaints promptly. Please email us at hello@minderoo.com.au.