“Website” means the whole or any part of the web pages located at www.orangesky.org.au and includes the layout, individual design elements, underlying code elements and any text, sounds, videos, graphics, animated elements or other content contained on this Website.
To the extent permitted by law, we will in no way be liable to you or anyone else for any loss or damage, however, caused (whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with the use of this Website or websites of other entities which are hyperlinked from this Website (Linked Websites).
The information contained on this Website is provided by us in good faith and on an ‘as is’ basis. The information is believed to be accurate and current as of the date the information was placed on this Website.
We make no pledge that your use of this Website will be uninterrupted or error free. We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of this Website or a Linked Website. We recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software for each device you use to access our Website.
To the extent permitted by applicable law, all implied conditions, representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws that apply to you or in your location.
Your Use of this Website
• use this Website to abuse, defame, harass, threaten, stalk or otherwise offend any person;
• distribute, publish, transmit or disseminate any material which is unlawful, indecent, offensive, inappropriate, obscene or defamatory;
• use any automated scripting tools or software;
• engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via this Website;
• impersonate any other person or entity;
• upload, post, email, transmit or otherwise make available using this Website any material that you do not have a right to make available 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 or to utilise other computer systems for improper purposes or without authorisation; or
• any breach of laws or regulations which are applicable to your use of this Website in your jurisdiction.
• If you have a complaint about any content published on this Website, you should contact us.
This Website may contain links to other websites. Those links are provided for convenience only and may not be up to date or maintained. We have no control over or rights in any Linked Websites that are not our own.
Orange Sky is not responsible for the privacy practices of any third party payment platforms, social media or service providers that you can access through this Website.
All material on this Website, including (but not limited to) text, graphics, audio and video files, information architecture and coding, is Orange Sky’s copyright property or is used under licence unless otherwise indicated. All rights are reserved.
Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:
• adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
• commercialise any, services, products or information obtained from any part of this Website, without our written permission.
• If you wish to make any other use of the material on this Website, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.
All trademarks and other product and service names and logos (Marks) displayed on this Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on this Website with permission of the relevant owner.
The following Marks displayed on this Website are our registered trademarks: Orange Sky, Volaby.
Nothing contained on this Website should be construed as granting any licence or right of use of any Mark which is displayed on this Website without the express written permission of the relevant owner.
If you use any of our Marks to refer to our activities, services or products, you must include a statement attributing that Mark to us. You must not use any of our Marks:
• in or as the whole or part of your own Marks;
• in connection with activities, services or products which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, products or services (including this Website).
Our Website includes the function for you to make online donations to help support the work we do. If you use our Website to make a donation to us, it is important that you complete all details as nominated on our Website (including your details, the method of payment of the donation and the amount of the donation) carefully to ensure that they are correct before clicking on the Donate Now, Submit or other labelled confirmation button on our Website.
Once you click on the Donate Now button on our Website, the donation will be processed, and you will be committed to making the donation. There are no refunds given if you change your mind after clicking on the Donate Now button.
Subject to any applicable laws or payment system terms, we are under no obligation to give a refund for a donation if an error has been made on your part, but we will endeavour to ensure that any genuine errors are rectified. Your request to consider a genuine error should be made in writing to Orange Sky within 60 days and can be sent via email to firstname.lastname@example.org
If we or a third party providing the online donation facility through our Website makes an error in respect of a donation made through our Website, resulting in an amount greater than the donation amount being paid to us, we will make a refund of the amount overcharged to you as soon as possible once we receive notification of the error, with all costs associated with the rectification of the error to be borne by us.
Our Site contains links to information and materials for use in fundraising.
You must ensure, prior to commencing any fundraising activity, that the fundraising activity is appropriate, safe and conducted properly. If you are under 16, you must also have express permission from your parent or guardian.
We may direct you to cease using any Orange Sky names or trademarks in connection with your fundraising activity at any time if we consider, in our sole discretion, that the fundraising activity is unsuitable, inappropriate or unsafe.
You acknowledge and agree that:
• Orange Sky and its directors, employees, agents and contractors are not liable to you for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to our Site, to any material on linked websites, or to your access or use of our Site or any products or services made available by Orange Sky, however, caused, whether under the statute, in contract or in tort, including for negligence, or otherwise.
• you indemnify us in respect of any liability, loss, damage, cost or expense suffered or incurred arising from or in connection with your breach
Where the fundraising activity involves a physical activity or fitness event, you further acknowledge and agree that:
• you are able to safely perform the fundraising activity including being physically fit and sufficiently trained to participate in and complete the fundraising activity; and
• you are responsible for the safety of any third party or property involved in or impacted by, the fundraising activity.
You may use our Site to purchase merchandise and other products. References to currency are in Australian dollars unless otherwise specified. We may, at our sole discretion, limit the quantity of items purchased per person or per order. At our discretion, these products may or may not be available and we will work to reimburse you if a purchase has been made where a product is not available. These restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We will notify you if we apply this limit to you.
Orange Sky Australia • 2020 • 17 Dover Street, Albion Queensland 4010 • (07) 3067 5800 • ABN/Charity ID: 85890622990 • We are a registered charity with the Australian Charities and Not-for-profits Commission (ACNC) All donations over $2 are fully tax deductible as a Deductible Gift Recipient by the Australian Tax Office