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Terms of Use

Terms of Use

Last updated: April 2023

Welcome to the St Vincent de Paul Society’s NSW website under the domain name “www.vinnies.org.au/nsw” (NSW Website), which is operated by St Vincent de Paul Society NSW (ABN 91 161 127 340).

1 Structure of the St Vincent de Paul Society

1.1 In Australia, the St Vincent de Paul Society operates like a federation which includes the St Vincent de Paul Society National Council of Australia Incorporated (National Council), six State and two Territory Councils (together, State and/or Territory Councils) and related ‘special works’ entities.

1.2 In NSW, the St Vincent de Paul Society has three legal entities:
(a) The Trustees of the Society of St Vincent de Paul (NSW) (State Council)
(b) The St Vincent de Paul Society NSW (SVDP NSW)
(c) St Vincent de Paul Housing, which contracts Amelie Housing to run day-to-day operations. Further information on Amelie Housing may be found at www.ameliehousing.org.au

1.3 In these Terms of Use, “we”, “us” or “our” refers to SVDP NSW, which operates the NSW Website and its subpages. The national website at www.vinnies.org,au is operated by National Council and is subject to its own terms of use, which are available on that website. Each of the State and/or Territory Council and special works subpages are operated by the respective St Vincent de Paul Society entity.

2 Application of these Terms of Use and applicable policies

2.1 By using this NSW Website you agree to be bound by these Terms of Use and the NSW Privacy Policy

2.2 We may vary these Terms of Use from time to time. Your continued use of the NSW Website following any changes indicates your acceptance of the changes.

2.3 You acknowledge and agree that each State and/or Territory Council and/or special works entities, and National Council, may have additional terms, conditions and policies (including their own Privacy Policy - ACT, NT, QLD, SA, TAS, VIC, WA and National Council) that apply to your use of the applicable State and/or Territory Council and special works subpages, or the national website which is operated by National Council.

3 Collection and use of personal information

3.1 You may need to register to use some sections of the NSW Website. When you register you will provide us with personal information such as your name and email address. The NSW Website may also collect, store and use cookies.

3.2 We will handle all personal information we collect in accordance with the NSW Privacy Policy, available here and the applicable law.

3.3 If we offer the facility to register an account with a username and password, you are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

3.4 If you provide us with information about an individual other than yourself, then you agree to first obtain that individual’s written consent and to ensure that they are aware of these Terms of Use and the NSW Privacy Policy,

3.5 We may collect personal information about you in order to provide our services and for other purposes as set out in the NSW Privacy Policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

3.6 We will handle all personal information we collect in accordance with our Privacy Policy and the applicable law. Our privacy policy explains:
(a) how we store and use, and how you may access and correct your personal information;
(b) how you can lodge a complaint regarding the handling of your personal information; and
(c) how we will handle any complaint.

3.7 If you would like any further information about our privacy policies or practices, please contact the Privacy Officer:
Telephone: (02) 9568 0262
Email: privacy@vinnies.org.au
Post: PO Box 5, Petersham NSW 2049

3.8 By providing your personal information to us via the NSW Website, you consent to the collection, use, storage and disclosure of that information as described in the NSW Privacy Policy and these Terms of Use.

4 Acceptable use

4.1 You agree to use the NSW Website for lawful purposes only.

4.2 You must not:
(a) copy, modify or create derivative works based on the content available on or through the NSW Website; or
(b) infringe the intellectual property rights, privacy or confidentiality of any third party; or
(c) engage in any activity that may result in injury, death, property damage, and/or liability of any kind; or
(d) post, comment or otherwise transmit any unauthorised material including, but not limited to any material that is or is likely to be defamatory, harassing, obscene, threatening, or otherwise deemed by us to be unacceptable; or
(e) interfere or disrupt the NSW Website, servers or networks connected to the NSW Website or another person’s use of the NSW Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

5 Content

5.1 National Council or the relevant State and/or Territory Council owns, or are the licensee of, the intellectual property rights in the content available on the NSW Website, including copyright works, St Vincent de Paul Society logos and trade marks, text, material, software, images, graphics, advertisements, databases, animation, downloads, streaming audio and streaming video (together, the Content).

5.2 These Terms of Use do not transfer any intellectual property rights in the Content or the St Vincent de Paul Society logos and/or trade marks from National Council and/or the relevant State and/or Territory Council to you or any third parties.

5.3 Subject to your compliance with the applicable Terms of Use of the relevant State and/or Territory Council or National Council (ACT, NT, QLD, SA, TAS, VIC, WA and National Council), you may reference, link to, reproduce, communicate, transmit, make available, broadcast, republish, save a local copy of, print a copy of, or otherwise distribute the Content for your own non-commercial use, provided:
(a) you do not delete or change any Content, copyright, logo, trade mark or other proprietary notices;
(b) you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it; and
(c) if any third party materials, images, logos, brands and trade marks are included in the Content you wish to use, you seek our specific permission to do so.

5.4 The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that National Council and the State and/or Territory Councils do not warrant or guarantee nor accept responsibility for its accuracy or completeness for any purpose. To the extent permitted by law, we will not be held liable for any loss or damage whatsoever arising in connection with your use of any Content or its publication, including any action for copyright infringement, trademark infringement or defamation.

6 Linked websites

6.1 The Website may contain links or references to websites operated by third parties (Third Party Websites). We provide these links as a courtesy and may not remain current or be maintained. Links or references to a Third party Website should not be interpreted in any way as our endorsement of any Third Party Website.

6.2 As Third Party Websites are not under our control, we are not responsible for the content or the privacy practices associated with these Third Party Websites and accessing these sites is at your own risk.

7 Donations through the Website to the Society in NSW

7.1 SVDP NSW is a registered Australian charity with the Australian Charities and Not-for-profits Commission, and endorsed by the Australian Taxation Office as a deductible gift recipient.

7.2 Donations to SVDP NSW can be made through the NSW Website in the form of one-off donations or regular donations using a facility provided by a third party company, Funraisin. There is also information on the NSW Website about how you can make a donation to SVDP NSW offline (e.g. via bank transfer, cheque, credit card (manual) or electronic funds transfer).

7.3 The NSW Privacy Policy contains information on how we use, store and may share the personal information you provide when making a donation.

7.4 We direct donations towards the charitable purpose intended by the donor, when specified. Where general donations are received, we determine how these donations are to be directed towards our charitable purposes.

7.5 If you make a donation to SVDP NSW, a tax receipt will be issued if the necessary details have been provided by you when making your donation. We accept anonymous donations, but we are unable to issue a receipt in these circumstances.

7.6 We consider all requests for a refund of a donation and will ensure that genuine errors are corrected, however we are under no obligation to give refunds of donations and the decision to give you a refund will be at our sole discretion.

7.7 To seek a refund of a donation, you must provide us with your full name and contact details, details of how you made the donation, the amount, the date and the circumstances justifying your request for a refund. Refunds cannot be provided in respect of donations made in a previous financial year.

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

8 Liability and indemnity

8.1 We do not warrant that your access to the NSW Website, the delivery of the NSW Website or the Content shall be free from errors, defects, bugs or viruses, uninterrupted, or repairable if damaged or impaired.

8.2 To the extent permitted by law, the NSW Website and all Content is provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties or merchantability, fitness for use, title and non-infringement.

8.3 We will not be liable for any losses of any kind which result from any use or access of, or any inability to use or access, the NSW Website or any Content and you acknowledge that you access and use the NSW Website at your own risk.

8.4 You will indemnify National Council and/or the State and/or Territory Councils (as applicable) if any one of us suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation by you or your use of or conduct on the NSW Website.

8.5 We make no representation or warranty that the NSW Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the NSW Website is not illegal or prohibited, and for your own compliance with applicable local laws.

8.6 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the NSW website or a linked website. You must take your own precautions to ensure that whatever you select from the NSW website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

9 Suspension and termination

9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms of Use or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the NSW Website, or any part of it.

10 General

10.1 Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

10.2 Any failure by us to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.

10.3 If any provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.

10.4 These Terms of Use are governed by, and construed in accordance with, the laws of NSW, Australia and the courts of that jurisdiction will have non-exclusive jurisdiction over any dispute arising out of these Terms of Use.

11 How you can contact us

11.1 If you have any questions about the NSW Website or these Terms of Use, you can contact us as follows:
Email: vinnies@vinnies.org.au
Post: PO Box 5, Petersham NSW 2049