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Terms and Conditions

Website Terms and Conditions

Your agreement to these Terms and Conditions
These Terms and Conditions are governed by the law in force in the State of New South Wales. You agree to be bound by these Terms and Conditions when using Meals on Wheels NSW Ltd’s (ABN 87 418 074 604) (MOW NSW, we, us, our) website or other technology-based tools hosted via our website or website provider.

We may change or modify these Terms and Conditions at any time and you agree to be bound by these Terms and Conditions as changed or modified. Notice of any changes or modifications will be provided by publishing the revised Terms and Conditions on our website.

Donations
MOW NSW is a registered Australian charity with deductible gift recipient endorsement. You are able to make a donation to us through our website via credit card, direct transfer or cheque.

If you select the options to donate by director transfer, we will provide you with our bank details. If you select the option to pay by cheque, an email will be sent to you with a letter attached. You can print the letter and mail it to us with your cheque.

Donations of $2.00 or more to us are tax-deductible provided you voluntarily make the donation without receiving, or expecting to receive, any material benefit or advantage in return. As it is ultimately a donor’s responsibility to determine whether their donation is tax deductible, we recommend you seek your own independent tax advice when completing your tax return.

All online donations by credit card receive an automated email receipt as well as a financial receipt from EWAY. If you have donated by direct debit then once we have received your payment a receipt will be processed and sent by email to you. If you have donated by cheque then a receipt will be posted or emailed within two weeks.

Refunds
Any donation made through our website is final and not disputable. We will only consider providing a refund for a donation in where there has been an unauthorised use of a donor’s credit card or a genuine error.

We thoroughly consider all requests for a refund of a donation, however, we are under no obligation to give refunds and the decisions on refunds will be at our sole discretion. To seek a refund you must contact us within 14 days of making the donation providing details of how you made the donation, the amount, the date and the circumstances justifying your request.

If a donation is refunded, the associated tax receipt is no longer valid and should be securely destroyed. It is your responsibility to submit correct receipts to the Australia Taxation Office.

Privacy and security
We may collect your personal information via our website and other technology-based tools. We handle your personal information in accordance with the Australian Privacy Principles contained within Schedule 1 of the Privacy Act 1988 (Cth) and any applicable state legislation with respect to privacy, as set out in our Privacy Policy.

While there is inherent risk in using a public medium like the internet, we have implemented measures to reduce these risks. In order to safeguard and protect your privacy, our website utilises advanced security techniques, which require Google Chrome version 39, Apple Safari version 8, Microsoft Internet Explorer version 8.0 or Mozilla Firefox 28 or above.

We utilise a secure payment gateway for any online donations, operating on 128bit SSL encryption. This ensures high level protection of your personal and financial details as well as order particulars which are all encrypted as they are sent to and from your computer. We do not store card numbers for donations made online.

Disclaimer
Information on our website or other technology-based tools is of a general nature and does not take into account factors like the objectives or needs of any individual or business and is not intended to be legal, business, accounting, medical, nutritional, health, fitness or other advice. Before acting on any information available on our website or other technology-based tools, you should consider its appropriateness having regard to such factors and after receiving the appropriate professional advice.

We have made reasonable endeavours to ensure that information on our website or other technology-based tools is accurate, reliable and complete, however, we cannot guarantee correctness, accuracy, reliability, adequacy, completeness or otherwise of the information and such information is subject to change without notice and may not be up to date.

To the fullest extent permissible by law, we disclaim and make no representations, warranties, endorsements, or promises, express or implied, that our website or any other technology-based tools (including any materials, information, functions, features or other elements that we make available) are free from any harmful components (including viruses, trojan horses, and other technologies that could adversely impact your device) or accurate, complete, correct, adequate, useful, timely, or reliable.

We further disclaim, to the extent permissible by law, all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration and freedom from errors, computer virus or other harmful elements.

Liability
To the extent permitted by law, MOW NSW and its employees, agents and officers will not be liable in any way for any loss or damage which may be suffered by you in relying on the statements and representations made on our website or other technology-based tools, or through use or access to these platforms, or our failure to provide these platforms.

We assume no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in our website or other technology-based tools, or your downloading of any materials, data, text, images, video, or audio from these platforms.

Our website or technology-based tools may be linked to other websites or technology-based tools that are not maintained by MOW NSW. We are not responsible for the content of those other platforms and do not accept responsibility for the use or reliance of material of any other platform or site which is referred to or accessed through our website or technology-based tools. The inclusion of any link to other platforms does not imply endorsement by us of those platforms.

To the extent that our liability or the liability of any of our employees, agents or officers cannot be excluded, to the maximum extent permitted by law, such liability is limited to the supply of the relevant products or services again (if applicable in your circumstances) or to the aggregate amount of $10.00 (whichever is the lesser), and in no event will our total liability to you for all damages, losses, and causes of action exceed any amount paid by you for accessing our website or other technology-based tools hosted (as applicable).

Indemnity
You agree to indemnify, defend and hold harmless MOW NSW and its employees, agents and officers from and against any and all claims, damages, losses, costs, liabilities, judgments, settlements and expenses, including reasonable legal fees, resulting from:

your use of our website or other technology-based tools;
your breach or alleged breach of these Terms and Conditions;
your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, all regulatory, administrative and legislative authorities;
information or material transmitted through your device used to access our website or other technology-based tools, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, patent, publicity, privacy or other right of any person or defames any person; and/or
any misrepresentation made by you.

You will cooperate as fully required by MOW NSW in the defence of any claim. Notwithstanding the foregoing, MOW NSW retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action that are brought against it, and to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will not in any event settle any claim without the prior written consent of a duly authorised employee of the MOW NSW.

Use of name and logo
The name ‘Meals on Wheels’ and associated logo are registered trade marks. There are other registered trade marks that MOW NSW uses to operate its business including for fundraising purposes. Meals on Wheels logos and registered trade marks must not be used without the prior, specific, written permission of the owner of the marks.

Intellectual Property
All intellectual property and copyright in our website or other technology-based tools (including any other materials or marketing collateral) is owned by MOW NSW, unless otherwise stated.

You are permitted only to access and download the contents on our website pages or other technology-based tools temporarily and for the sole purpose of viewing the information for personal use. If you have downloaded any material from our website or other technology-based tools under a Creative Commons licence, then the material must only be used in accordance with the licence.

Except for the use outlined above, or as otherwise permitted under the Copyright Act 1968 (Cth) or other applicable laws and regulations, no information on our website or other technology-based tools may be permanently copied, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form, in whole or in part, by any process and you may not create derivative works from any part of our website or other technology-based tools, or commercialise any information obtained from any part of our website or other technology-based tools without the specific written consent of MOW NSW.

Termination
We reserve the right to terminate your access to and use of our website or other technology-based tools or any part of them, in our sole discretion, without notice and liability, including, if we believe that you are not following these Terms and Conditions. We also reserve the right to investigate suspected violations of these Terms and Conditions, and you agree to provide us with any information we reasonably require to do so in a timely manner.

If we terminate your access to and use of our website or other technology-based tools, or if we so demand, all rights granted to you under these Terms and Conditions will stop immediately, and you agree that you will immediately stop using our website or other technology-based tools and destroy all documentation or materials obtained from these platforms as directed by us.

Feedback and complaints handling procedure
We welcome feedback and attend to any complaint promptly. If you would like to make a complaint, please forward it attention to General Manager, Corporate Services, Meals on Wheels NSW via email nswmow@nswmealsonwheels.org.au or phone us on 02 8219 4200.

How to contact us
You may contact us using our online Contact Us form.