Terms of Service

Use of the Holy Fools Website (“the Website”) site is provided by Holy Fools Incorporated in Australia subject to the following Terms of Service.

Your use constitutes acceptance of these Terms of Service as at the date of your first use of the Website. If these Terms of Service are not accepted in full, the use of this site must be terminated immediately.

These Terms of Service cover the following areas:

  • Application of Terms of Service
  • Use of your donation
  • Protecting your password
  • Privacy
  • User conduct
  • Links
  • Trademarks
  • Copyright
  • Disclaimer
  • Personal health
  • Changes to the terms of use
  • Governing law
  • Third party rights
  • Fees
  • Indemnity

Application of Terms of Service

These Terms of Service apply to all members signed up to Holy Fools, via www.holyfools.org.au

Use of your donation

Holy Fools is not responsible for any dissatisfaction you may have regarding the recipient organisation’s use of any donation you may make through the Website or its associated services powered by us. Please note that the recipient organisation reserves the right to use your donation for its general purposes. Holy Fools cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the recipient organisation itself.

Privacy

Holy Fool’s Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy here.

User Conduct

You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.

In particular, but not exclusively:

  • You must not upload offensive, obscene or racist content, including photographs, on to the Website or its associated services. Holy Fools reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please email us at hello@holyfools.org.au
  • If you build a profile page on the Website, it is your responsibility to ensure that the content you are uploading on your page, in particular the photograph, is not copyright-protected. If it is, you must obtain the copyright owner’s written consent to use it. Holy Fools reserves the right to remove any pictures, photographs or copy from personal profile pages, at its sole discretion and without notice if their copyright status is in any doubt. If you suspect a breach of copyright on the Website, please email us at hello@holyfools.org.au
  • Other than in relation to your own profile page, you may not remove or change anything on the Website.
  • Posting any content to the Website or its associated services will give Holy Fools a non-exclusive, transferable, royalty-free right to use and reproduce that content.

In addition, you as a user must not:

  • misrepresent your identity or affiliation with any other person or organisation;
  • use the website to send junk email or ‘spam’ to people who do not wish to receive email from you;
  • use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
  • interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Holy Fools’ systems;

Holy Fools reserves the right to cancel your membership and delete any member page without notice in the event of a breach of the above rules.

Links

The Website and its associated services contains links to the websites of member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Holy Fools accepts no responsibility for the content of external websites.

Trademarks

The name Holy Fools, the logo and any other product that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Holy Fools’, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Holy Fools. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of partner charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Holy Fools and the trademark owner.

Copyright

All content on the Website and its associated services is owned by Holy Fools, our partner charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice. Commercial use or publication of all or any item displayed is strictly prohibited without prior authorisation from Holy Fools and, where applicable, the copyright holder. If you require further information about the use of content please contact us at hello@holyfools.org.au

Disclaimer

This site and the information, names, images, pictures, logos regarding or relating to Holy Fools and partner charities are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Holy Fools be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.

Holy Fools do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.

Any communication or material that you transmit to, or post on, any public area of the site including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary information.

The views of contributors to this website are not necessarily the views of Holy Fools.

Changes to the Terms of Service

Holy Fools reserves the rights to change these Terms of Service at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.

Governing law

These terms and conditions shall be governed and construed in accordance with the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of the Courts of Australia.

Third party rights

A person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.

Fees

Holy Fools may charge a small transaction fee on donations made on the Website. The exact amount of the fee varies depending on the charity’s expected volume of use on the site and is calculated as a percentage of the gross donation. Full details of these fees can be accessed by contacting Holy Fools at hello@holyfools.org.au

Indemnity

A person who is a party to these Terms of Service agrees to the following:

“I acknowledge that I understand the nature of all the activities involved in my membership with Holy Fools. I accept all risks necessarily flowing from my membership. I agree to indemnify Holy Fools and any other organisers or service providers associated with Holy Fools, from any liability arising from my personal actions, where such actions are contrary to the policies of the organisers, the rules, or the directions from team leaders and organisers. I agree that Holy Fools, and all persons, corporations or other organisations associated with Holy Fools, are not liable for any loss or damage suffered by myself or others arising from my involvement with the organisation. I hereby indemnify those persons, corporations and organisations against all liability, loss or damage arising from my membership.”

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