1 These Terms and Conditions

1.1 Next Steps Australia Limited 19 613 371 109 (Next Steps Australia, we, us or our) owns and operates the website and the content located at http://www.nextstepsaustralia.org.au (Website).

1.2 These terms and conditions (Terms and Conditions) govern the relationship between Next Steps Australia and users (you or your) who use the Website and make donations to Next Steps Australia via the Website.

1.3 By visiting and using the Website (including any linked pages or information owned by Next Steps Australia) or making a donation through the Website, you agree to be bound by and abide by these Terms and Conditions and any other applicable terms and conditions that we require you to agree to. If you do not accept these Terms and Conditions, or any other applicable terms and conditions, you must refrain from using the Website.

2 Donations; purchasing a pre-packed Starter Pack

2.1 We greatly appreciate the support of our donors and believe it is important that we are transparent in relation to the use of all donated funds. Accordingly, we require you to acknowledge and agree that:

(a) when you purchase a pre-packed Starter Pack from us through the Website, you are donating the monetary value of the Starter Pack(s) to Next Steps Australia, and not the specific Starter Pack you select on the Website when making the donation;

(b) while we will always endeavour to use the majority of funds donated by you to buy Starter Pack(s) which are identical or comparable to those selected by you at the time of making the donation, the use of donated funds is at our discretion and will be directed to purchase Starter Pack(s) or other goods for recipients who are most in need at the relevant time;

(c) when you make a financial donation to us, those funds will be applied at our discretion and part of that donation may applied towards ancillary costs associated with operating our charity, including administration, transport and logistics costs;

(d) if you make a financial donation via our website in connection with a telephone appeal operated by us, your donation may be applied towards to costs and expenses of operating that appeal; and

(e) Next Steps Australia makes no representations or warranties in relation to the use of the Starter Packs by recipients once the Starter Packs are received by those recipients.

3 Security of information

3.1 Processing of your credit card payment will occur through our payment gateway, which uses data encryption for your payment and personal details. However, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Any information that you transmit to us through the Website is transmitted at your own risk.

3.2 Nevertheless, once we receive the information to process your payment, we will take reasonable steps to preserve the security of such information.

4 Using the Website

4.1 Your use of the Website is voluntary and any information, personal or otherwise, contributed to the Website is provided voluntarily by you. You may discontinue your use of, and your participation in, the Website at any time.

4.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.

4.3 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any losses which you may sustain as a result of such activity.

4.4 Unless we agree otherwise in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website, for your personal use, unless such printing is expressly prohibited. You must not otherwise modify, copy, reproduce, republish, frame, upload, post, transmit, distribute or provide a link to the contents of the Website in any way, except as expressly provided for on the Website, or with the written authorisation of Next Steps Australia.

4.5 Your access to the Website may be terminated at any time by us without notice. These Terms and Conditions and any other applicable terms and conditions will survive any such termination.

4.6 You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website.

5 Liability and warranties

5.1 To the extent permitted by law, we exclude all liability to you in respect of any loss or damage howsoever caused which may be suffered or incurred by you and which may arise directly or indirectly in respect of:

(a) your use of the Website or any linked website;

(b) any content published on the Website;

(c) your reliance on any content published on the Website;

(d) any failure or omission on our part to comply with our obligations under these Terms and Conditions; and

(e) any negligent act or omission by us in the provision of the Website or any other services to you.

5.2 Next Steps Australia expressly excludes all liability for special, indirect or consequential loss or damage, including without limitation, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill howsoever caused.

5.3 In addition to the matters set out in clause 2.1, we make no representation or warranty in relation to:

(a) the operation or functionality of the Website;

(b) any information published on the Website (including news articles or links); and

(c) the accuracy, suitability or appropriateness of information published on the Website.

5.4 You warrant in favour of Next Steps Australia that:
(a) you are at least 18 years of age and you possess the legal authority to enter into these Terms and Conditions;

(b) your use of the Website will be in accordance with clause 5 of these Terms and Conditions;

(c) you are responsible (financially and otherwise) for your donation and your use of the Website;

(d) the information you provide to us when registering on the Website is accurate and complete.

6 Indemnity

6.1 You release, indemnify and will keep indemnified Next Steps Australia and each of our servants and agents and related entities against all actions, claims, penalties and demands (including the cost of defending or settling any actions, claims, penalties and demands) which we may incur or which may be instituted against us arising out of:

(a) a breach of these Terms and Conditions by you;

(b) a breach of warranty contained in clause 6.4;

(c) any wilful, unlawful or negligent act or omission by you; or

(d) your use of the Website, including your use and dissemination of any information contained on the Website in a manner that is contrary to that specified in these Terms and Conditions.

7 Intellectual property

7.1 Unless otherwise specified, all intellectual property, including copyright, in the content of the Website (including trade marks, text, graphics, logos, icons, sound recordings and software associated or used in connection with the Website is owned by or licensed to Next Steps Australia.

7.2 Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your jurisdiction, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website.

7.3 If you believe that any content on the Website infringes your copyright, you should contact us in accordance with clause 15 of these Terms and Conditions with the particulars of the alleged infringement, including the work you believe has been infringed, how and where the alleged infringement has taken place and your contact details.

8 Linked websites

8.1 The Website may contain links to other websites (linked websites). Those links are provided for convenience only and may not be accurate, current or maintained.

8.2 We are not responsible for the content or privacy practices associated with linked websites.

8.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any content, information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

9 Privacy

9.1 Next Steps Australia considers your privacy to be of the utmost importance. We maintain a Privacy Policy to inform you of how we manage your personal information and its integrity and security. ‘Personal information’ generally means any kind of information in any form about a person that identifies that person and includes sensitive information such as health information. We undertake to comply with the terms of our Privacy Policy in respect of any information you provide to us through the Website, including your personal information. Our Privacy Policy can be accessed here: http://www.nextstepsaustralia.org.au/privacy-policy/.

10 Cookies

10.1 Next Steps Australia may utilise cookies which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the Website. A cookie is a small filed saved on your computer’s hard drive which does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. This may prevent you from taking full advantage of the website.

11 Governing law

11.1 The law applicable to the use of this Website and any dispute arising out of the use of this Website or these Terms and Conditions is the law of the State of Victoria, Australia.

12 General

12.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be notified by uploading an amended set of Terms and Conditions to the Website. Your continued use of the Website will represent an agreement by you to be bound by the amended Terms and Conditions.

12.2 If any provision of these Terms and Conditions is found to be unenforceable for any reason, then that provision shall be deemed deleted from these Terms and Conditions and all other provisions shall remain in full force and effect.

12.3 Next Steps Australia may assign its rights and obligations under these Terms and Conditions to any party at any time without notice to you.

12.4 No waiver by us of any breach of these Terms and Conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by us, our related entities, employees or agents (which but for this clause ought or might amount to a waiver of our rights in respect of any such breach or default) does not operate as a waiver in any way of our rights and powers in respect of such breach or default.

12.5 We are not liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure is due to circumstances beyond our reasonable control which results in us being unable to observe or perform on time an obligation under these Terms and Conditions, including, without limitation, acts of God, acts of government or acts of third parties (including war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, Internet failure, equipment failure or strike or lockout).

12.6 These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between Next Steps Australia and you and supersede any prior arrangement, understanding or representation between us.

13 Notices

13.1 Next Steps Australia will deliver a notice to you under these Terms and Conditions by email to the email address you provide to when you register with us on the Website.

13.2 You must give notices to Next Steps Australia either by email to info@nextstepsaustralia.org.au or by post to:
Attn: Next Steps Australia
C/- McDonald Slater and Lay
Barristers and Solicitors
134-136 Balcombe Road
Mentone VICTORIA 3194