Sarz Sanctuary website terms and conditions

  1. Binding terms and conditions

1.1          The website (Site) is operated by Sarz Sanctuary Limited ABN 59 625 407 516 (Sarz Sanctuary).
1.2          Your access and use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this documents and elsewhere on the Site (collectively, the Terms).
1.3          Sarz Sanctuary reserves the right to amend any part of the Terms at any time without prior notice.  Your continued use of the Site after such changes constitutes your acceptance of the variations.  You should visit this page periodically to review the Terms.
1.4          Your use of and/or continued access to the Site constitutes an agreement by you that you accept and agree to abide and be bound by the Terms as amended.  If you object to any of the Terms, or any amendments, your only recourse is to immediately discontinue your use of the Site.
1.5          If you violate the Terms, Sarz Sanctuary may immediately terminate your right to use and access the Site without further notice.

2. Donations

2.1          Sarz Sanctuary is registered as a charity with the Australian Charities and Not-for-Profits Commission and has been endorsed by the Australian Taxation Office as a deductible gift recipient.
2.2          Donations to Sarz Sanctuary of $2 and over may be tax deductible. The details required to enable you to claim a tax deduction will appear on the tax receipt issued to you by Sarz Sanctuary.
2.3          Donations are non-refundable once made, and you are not entitled to receive any goods or services in consideration for a donation.  Donations will not be publicised without your prior consent.
2.4          If you believe that there has been an error with your donation, you should notify Sarz Sanctuary immediately using the contact details on the Site so that we can attempt to resolve the matter.
2.5          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.  Any issues should be directed to Sarz Sanctuary in the first instance. If you are not satisfied with the outcome, you can still refer it to your financial institution which will obtain details of the disputed transaction and may lodge a claim on your behalf.

3. Applications for support

3.1          Applications to receive support from Sarz Sanctuary should be made in accordance with the procedures specified on the Site.
3.2          Sarz Sanctuary does not represent or warrant that any particular person will be eligible to receive support from Sarz Sanctuary, or that Sarz Sanctuary will be capable of providing any particular support (whether in terms of particular services or financial support).  All applications will be assessed by Sarz Sanctuary and any decisions to grant support will be made at the absolute discretion of Sarz Sanctuary.  A range of factors will be taken into account, and Sarz Sanctuary is not obliged to provide reasons for rejecting any application for support.
3.3          If support is provided in the form of facilitating a third party to provide you with services, Sarz Sanctuary has no responsibility for the provision of such services or the performance of the service provider. 

4. Intellectual Property

4.1          The content of the Site, including all information, data, text, graphics, images, sound files, software, advertisements and other material (Content), is and remains at all times the property of Sarz Sanctuary and its licensors and is protected by Australian and international copyright law.
4.2          The Content must only be used in accordance with the Terms and any additional terms and conditions specified by the licensors of the Content.  In particular, you must not:
(1)            download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file;
(2)            modify or otherwise make derivative works of the Site or the Content;
(3)            remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
(4)            use any data mining, robots or similar data gathering or extraction methods; nor
(5)            use the Site or the Content other than for its intended purpose.
4.3          All names, logos and trademarks are the property of Sarz Sanctuary or third parties who have contributed to the Site.  Nothing on the Site should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of Sarz Sanctuary or the relevant contributor.

5. Use of Site

5.1          You must not use the Site in any manner or for any purpose that is unlawful, violates any right of Sarz Sanctuary, prohibited by the Terms or potentially detrimental to the image or reputation of Sarz Sanctuary.  In particular, it is a condition of your use of and/or access to the Site that you do NOT do any of the following:
(1)            disrupt or interfere with in any way the Site or the Content;
(2)            disrupt or interfere with in any way any server, software, hardware or equipment, operated by Sarz Sanctuary or third parties, that is connected to or via the Site;
(3)            violate any applicable law, statute or regulation;
(4)            distribute through the Site any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or
(5)            bypass any security mechanisms imposed by the Site.
5.2          Sarz Sanctuary reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Site.
5.3          If you make an application for support or make a donation through this Site, you must:
(1)            provide accurate, current and complete information as required;
(2)            maintain the security of your login details and password; and
(3)            maintain and update as necessary any information provided.
6              Maintenance
6.1          Sarz Sanctuary may cease making the Site available at any time in order to perform any required maintenance or implement any upgrades.
6.2          Sarz Sanctuary will endeavour to provide you with reasonable notice of any scheduled maintenance but may not be able to provide notice in all circumstances.
7              Hyperlinks and marketplace
7.1          The Site may contain:
(1)            hyperlinks to website operated by third parties (Linked Sites); and
(2)            a marketplace on which third parties advertise relevant products and services (Third Party Materials). 
Sarz Sanctuary does not sponsor or endorse the Linked Sites or Third Party Materials.
7.2          The Linked Sites and Third Party Materials are not under the control of Sarz Sanctuary and Sarz Sanctuary is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Linked Sites or Third Party Materials or any hyperlink contained in a Linked Site.
7.3          You link to any Linked Site, and use any Third Party Materials, entirely at your own risk and Sarz Sanctuary is in no way liable or responsible for any advertising, products or materials on or available from the Linked Sites or promoted by the Third Party Materials. 
7.4          Sarz Sanctuary is not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Linked Site or use of a product or service promoted in the Third Party Materials.

8. Use and retention of data

8.1          The Sarz Sanctuary privacy policy which can be accessed on the Site, applies to all users and is incorporated into the Terms by reference.  You should read the Privacy Policy before using any other feature of the Site.
8.2          Sarz Sanctuary will not sell your information to third parties.

9. Disclaimer

9.1          All Content is provided on an “as is” basis and Sarz Sanctuary and its officers, employees, professional advisers, representatives and agents (Personnel) do not warrant or make any representations about the correctness, accuracy, timelines, completeness, reliability, quality or otherwise of the Content.
9.2          The use of the Site and the Content is entirely at your own risk.  Changes are periodically made to the Site and the Content and may be made at any time.
9.3          Sarz Sanctuary and its Personnel do not warrant that your access to the Site will be uninterrupted or that the Site will operate error free, that any defects will be corrected or that this Site and its servers are free of computer viruses and other harmful data, code, components or other material.

10. Indemnity

10.1       You indemnify Sarz Sanctuary and its Personnel (Indemnified Persons) against:
(1)            all losses incurred by the Indemnified Persons;
(2)            all liabilities incurred by the Indemnified Persons; and
(3)            all costs actually payable by the Indemnified Persons to their own legal representatives (whether or not under a costs agreement) and other expenses incurred by the Indemnified Persons in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal);
arising directly or indirectly as a result of or in connection with:
(4)            your use of or access to the Site; and
(5)            any breach or violation of the Terms.

11. Limitation of Liability

11.1       To the fullest extent permitted by law:
(1)            Sarz Sanctuary, Sarz Sanctuary’s Personnel and any third parties mentioned on the Site are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Site or any Content;
(2)            Sarz Sanctuary expressly excludes conditions and warranties implied by custom, law or statue; and
(3)            the liability of Sarz Sanctuary for breach of any condition or warranty that cannot be excluded by law is limited to any amounts that you pay to Sarz Sanctuary in connection with the use of the Site or the Content.

12. Miscellaneous

12.1       Sarz Sanctuary is not liable, and any obligations it has are suspended, during the time and to the extent that Sarz Sanctuary is prevented from making the Site or Content available due to a circumstance beyond the reasonable control of Sarz Sanctuary.
12.2       If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
12.3       All rights not expressly granted in this document are reserved.
12.4       The Terms are governed by and construed in accordance with the laws of Queensland, Australia.
12.5       The information on this Site and the Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries.  If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
(1)            if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site; and
(2)            if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site.