Terms & Conditions

Welcome to the Awqaf Australia website (the Site). This platform is designed to provide information about the activities and operations of our various charitable entities, as well as to support the management of charitable donations and endowments (our Services). The Services we offer include tools for making donations, contributing to specific funds, and managing endowment contributions. By using the Site, you can learn more about our mission and initiatives, and engage with the Services we provide to facilitate your contributions and support for our causes.

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. If you are accepting these Terms on behalf of an entity (such as your business or your client) and you are authorised to do so, then you or your means that entity. When we say we, us, or our, we mean Awqaf Australia Limited (ACN 168 278 420).

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on the Site) which sets out how we will handle your personal information;
• clause 1.6 (Variations) which sets out how we may amend these Terms; and
• clause 10 (Liability) which sets out exclusions and limitations to our liability under these Terms.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. 1.Engagement and Term
   1. 1.These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).
   2. 2.Subject to your compliance with these Terms, we will provide you with access to the Services.
   3. 3.We will not be responsible for any other services unless expressly set out in these Terms or on our Site.
   4. 4.If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to, are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.
   5. 5.Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
   6. 6.We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.
2. 2.Account
   1. 1.You may sign up for an Account in order to access and use the Services.
   2. 2.While you have an Account with us, you agree to:
      1. 1.keep your information up-to-date (and ensure it remains true, accurate and complete);
      2. 2.keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
      3. 3.notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.
   3. 3.If you close your Account, you will lose access to the Services.
3. 3.Donations and Fees
   1. 1.General
      1. 1.You may choose to make Donations as set out on our Site. You must make all Donations in accordance with these Terms and any additional guidelines on our Site.
      2. 2.Our payment methods for Donations will be set out on the Site. If you choose to pay your Donations using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).
      3. 3.You must not pay, or attempt to pay, any Donations under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.
      4. 4.You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).
   2. 2.Gifts
      1. 1.We may accept a variety of gifts, both from living donors and as planned gifts that take effect on a Donor’s death.
      2. 2.Assets donated to establish, grow or contribute to us are irrevocable gifts. They become our property and we carry the legal responsibility for ensuring that donations are used for charitable purposes.
      3. 3.We welcome the following types of outright gifts.
         1. 1.Cash of any amount (a minimum level is required to establish either a named sub-fund).
         2. 2.Publicly traded shares at fair market values. We will have full discretion over the sale of any gifted shares.
         3. 3.Closely held securities (generally held by one or small group of shareholders and not generally traded publicly), subject to review by the Finance committee and approval by us.
         4. 4.Land and buildings are at our discretion and they may be sold and/or generate revenue for charitable purposes surplus to any costs.
         5. 5.Personal property, as long as the items are saleable, and at a value which will offset any costs we incur in selling.
      4. 4.We may be named as the beneficiary of planned gifts, including:
         1. 1.Residuary legacies – a gift made of some or all of the remainder of an estate after all other gifts have been handed out and debts paid off.
         2. 2.A pecuniary legacy – a gift made of a fixed sum of money.
         3. 3.A specific legacy – a particular named item left as a gift in a will, for example, shares, property, jewellery, furniture or a painting.
      5. 5.We reserve the right not to accept a gift if we determine that for any reason the gift will not generate a net benefit to the community.
      6. 6.Prior to acceptance of any real estate, an initial environmental review will be required to ensure that there is no environmental contamination of the property and if there is a problem identified, a full environmental audit may be required. The cost of the review and audit will be at the expense of the donor.
      7. 7.Following acceptance of any Property (i.e. non-cash) gifts, we will issue a receipt to the donor recognising the donation of any Property. At the time of issue, the receipt will not attach any monetary value to the Property. It will be the donor’s responsibility to understand the amount eligible to be claimed as a tax deduction in their personal income tax returns.
      8. 8.Depending on donors’ individual circumstances, gifts will likely result in tax implications, including potentially being liable for capital gains tax. Donors should refer to the ATO’s website for further information. If still unsure, donors should seek advice from a licensed financial and/or tax adviser. We do not provide financial advice.
   3. 3.Donations
      1. 1.All Donations made through the Site are irrevocable gifts to us. Once a Donation is made, you have no right to a refund or to direct the specific use of the Donations, beyond any preferences you may express at the time of Donation and the limitations of the chosen stream (DGR or non-DGR).
      2. 2.You may express your preferences for how your Donations should be used or distributed. However, we retain full discretion in the actual allocation of funds to charitable causes, both internal and external to us, in accordance with our charitable objectives and legal obligations.
      3. 3.By making a Donation, you acknowledge and agree that your funds will be pooled with other Donations and invested with third-party managers as described in these Terms. You have no direct claim on specific investments or Investment Returns.
      4. 4.For any donations we invest, we will select and regularly review third-party investment managers based on their expertise, performance track record, and alignment with our investment objectives. We reserve the right to change investment managers at our discretion to ensure optimal management of donated funds.
      5. 5.ou acknowledge that all investments carry risk, including the potential loss of principal. The value of investments may fluctuate, and past performance is not indicative of future results. We do not guarantee any specific return on investments, relating to donated amounts.
      6. 6.We will provide annual reports on the performance of donated investments, including Investment Returns generated and Fees paid. These reports will be made available to donors through our Site.
      7. 7.We will disclose any material relationships or potential conflicts of interest with selected investment managers. We are committed to selecting managers based solely on their merit and alignment with our investment objectives.
      8. 8.Our complete Investment Policy Statement, detailing our investment philosophy, asset allocation strategy, and manager selection criteria, is available on our Site or upon request.
      9. 9.All investment activities will be conducted in compliance with applicable laws and regulations, including those governing charitable funds and investment management.
      10. 10.Our donations/ gifts are managed through the following entities:
          1. 1.Awqaf Australia Forever Fund- a Public Ancillary Fund
          2. 2.Awqaf Australia Endowment Fund- a registered charity
      11. 11.Through the above entities, we offer the following products:
          1. 1.Donor Advised Fund (DAF)
          2. 2.Endowment Projects (Waqfs)- Investment of gifts/ donations received by way of endowments and/or bequests
      12. 12.For tax purposes, the products we offer, can operate within two distinct streams:
          1. 1.Deductible Gift Recipient (DGR) stream- through Awqaf Australia Forever Fund- a Public Ancillary Fund
          2. 2.Non-DGR stream- through Awqaf Australia Endowment Fund- a registered charity
      13. 13.Donations may be directed to either our DGR stream or our non-DGR stream, based on the Fund selected. Donations to the DGR stream are tax-deductible for Australian taxpayers, subject to applicable laws and individual circumstances. Donations to the non-DGR stream are not tax-deductible but allow for a broader range of charitable causes to be supported.
      14. 14.The tax deductibility of Donations will depend on which stream they are allocated to. You should consult your tax advisor regarding the tax implications of your Donations.
      15. 15.Donations made to the Awqaf Australia Forever Fund (a Public Ancillary Fund) are subject to annual grant remittance requirements, as mandated by the Australian Taxation Office.
   4. 4.Donor Advised Fund (DAF)
      1. 1.The DAF is a service where we act as a broker to help you manage your charitable giving. To access donor advice services through a DAF, a minimum contribution of $10,000 is required.
      2. 2.You may establish a DAF in either the DGR or non-DGR stream, or both. It is the sole responsibility of the donor(s) to ensure that the usage wishes for their donation are listed under the Deductible Gift Recipient (DGR) stream if they wish to receive a tax-deductible donation receipt.
      3. 3.You may direct funds in your DAF to be remitted to third parties for urgent causes without entering our investment stream, subject to the restrictions of the chosen stream (DGR or non-DGR).
      4. 4.While you may advise on the use of funds in your DAF, we retain ultimate discretion over fund allocation to ensure compliance with relevant laws, our charitable objectives, and the requirements of the respective stream.
   5. 5.Endowment Projects (Waqfs)
      1. 1.The Endowment Projects (Waqfs) is a service where we direct your gift/ donation towards a Waqf.
      2. 2.The Endowment Projects (Waqfs) offer "perpetual investment products," where the principal amount of your donation is allocated to third-party investment managers. These managers are responsible for investing the capital with the goal of achieving long-term growth. The returns generated from this investment are used to fund charitable initiatives aligned with our mission and distributed as grants to third-party registered charitable entities that meet specific eligibility criteria. The principal donation amount remains intact, ensuring that the Waqf continues to generate returns for charitable purposes in perpetuity.
      3. 3.All decisions relating to investments are the legal responsibility of the Boards of the Awqaf Australia Forever Fund and Awqaf Australia Endowment Fund. Investment matters are dealt with by the Investment Committee, which is responsible for the design and execution of the asset allocation strategy and investment activities. The Investment Policy available on the Site, outlines our approach to responsible investing along with our fee structure and is available to fundholders and clients on request.
      4. 4.Endowment Funds can be established in either the DGR or non-DGR stream, or both.
      5. 5.Returns generated from these investments will be distributed to chosen charities in accordance with our Philanthropy Strategy, your expressed preferences (where applicable), and the requirements of the respective fund.
      6. 6.Endowment Project donations are subject to the following thresholds:
         1. 1.Donations between $10 and $9,999 will be processed as general donations towards Waqf projects. You may express preferences for fund allocation, but final decisions rest with us. You will receive a receipt for your donation and can refer to our annual reports for general fund allocation information.
         2. 2.Donations of $10,000 and above qualify as a named Waqf. You will receive access to a login portal for managing your preferences over time and will receive frequent, fund-specific reporting.
   6. 6.Named Waqf
      1. 1.Named Waqf is a service where we establish a Waqf if your chosen name (family, business or other).
      2. 2.A minimum donation of $10,000 is required to establish a named Waqf.
      3. 3.You may establish a named Waqf in either the DGR or non-DGR stream, or both. Donations to the DGR stream are tax-deductible for Australian taxpayers, subject to applicable laws and individual circumstances. Donations to the non-DGR stream are not tax-deductible but allow for a broader range of charitable causes to be supported. The tax deductibility of Donations will depend on which stream they are allocated to. It is the sole responsibility of the donor(s) to ensure that the usage wishes they select for the named Waqf are listed under the Deductible Gift Recipient (DGR) stream if they wish to receive a tax-deductible donation receipt.
      4. 4.If a named Waqf is identified as a fundraising fund of many donors, fundholders are able to take 12 months to establish the minimum $10,000.
      5. 5.Prior to approving a named Waqf, we will undertake due diligence to ensure that:
         1. 1.the potential donor is clear that the named Waqf is not a separate legal entity, but is a management account within the overall Fund, and the rights and obligations this imposes on the donor and the Fund
         2. 2.the purpose of the named Waqf is within our Funds’ remit and operations
         3. 3.the donations being placed in named Waqf have been sourced in a way which does not contravene our values and ethical investment guidelines
      6. 6.While you may advise on the use of funds in your named Waqf, we retain ultimate discretion over fund allocation to ensure compliance with relevant laws, our charitable objectives, and the requirements of the respective stream.
      7. 7.We reserve the right, at our sole discretion, to refuse the establishment of any named Waqf. This includes, but is not limited to, circumstances where the proposed name or structure of the Waqf does not meet our criteria, aligns with our organisational values, or complies with relevant legal, ethical, or regulatory requirements. Any refusal will be communicated to the user, and, where applicable, alternative options may be discussed.
      8. 8.Donations made into a named Waqf are non-refundable.
   7. 7.Fees
      1. 1.We charge administrative fees (Fees) to cover the costs of operating the Site, managing the investment process, and administering the charitable distribution process. These Fees are calculated as a percentage of the Investment Returns.
      2. 2.Fees will be deducted from the Investment Returns before the remaining funds are allocated to Endowment Projects. This ensures that 100% of your initial Donation capital is preserved as Waqf.
      3. 3.The specific percentage for Fees may vary depending on the investment strategy employed and other factors. We are committed to maintaining Fees that are proportionate to the services provided and in line with industry standards for charitable organisations. We maintain transparency in our operations and financial management. An overview of our Fee structure is available on our Site and its impact on charitable distributions is included in our annual reports, which are available to donors through our online platform. A more detailed breakdown of Fees is available upon request.
4. 4.Receipts for Donations
   1. 1.We will issue receipts for all Donations made through the Site. These receipts will be provided electronically to the email address associated with your Account. For Donations made to the Deductible Gift Recipient (DGR) stream, receipts will be issued in a form compliant with Australian Taxation Office (ATO) requirements for tax-deductible gifts. For Donations made to the non-DGR stream, receipts will be issued as acknowledgment of the Donation but will not be eligible for tax deduction claims.
   2. 2.It is the user's sole responsibility to ensure that the endowment project(s) they select is listed under the Deductible Gift Recipient (DGR) stream if they wish to receive a tax-deductible donation receipt. The platform makes no guarantee regarding the tax deductibility of donations and will not issue a tax-deductible receipt unless the selected project is eligible under the DGR guidelines. Users are advised to verify the DGR status of any project before proceeding with a donation.
   3. 3.Receipts will typically be issued within 5 business days of the Donation being processed. If you do not receive a receipt within this timeframe, please contact us using the details provided on the Site.
   4. 4.It is your responsibility to retain these receipts for tax purposes. We recommend consulting with a tax professional regarding the deductibility of your Donations.
   5. 5.In the event that you require a replacement receipt or have any queries regarding a receipt, please contact us and we will assist you as soon as possible.
   6. 6.Please note that the issuance of a receipt does not guarantee the tax deductibility of a Donation. The deductibility of Donations is subject to ATO regulations and your individual circumstances.
5. 5.Licence
   1. 1.During the Term, we grant you a right to access and use our Site to make Donations in accordance with these Terms. This right cannot be passed on or transferred to any other person.
   2. 2.You must not:
      1. 1.access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
      2. 2.interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
      3. 3.introduce any viruses or other malicious software code into the Services;
      4. 4.use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
      5. 5.attempt to access any data or log into any server or account that you are not expressly authorised to access;
      6. 6.use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
      7. 7.circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
      8. 8.access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted;
      9. 9.use the Services to make false or fraudulent Donations;
      10. 10.attempt to manipulate or interfere with the allocation of Charitable Grants or investment process;
      11. 11.use the Services to launder money or engage in any other illegal financial activities; or
      12. 12.use any automated systems or software to extract data from the Site unless you have our express written consent.
6. 6.Availability, Disruption and Downtime
   1. 1.While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
   2. 2.The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.
   3. 3.We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.
7. 7.Intellectual Property and Data
   1. 1.We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.
   2. 2.We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.
   3. 3.Your Data
      1. 1.We do not own any of Your Data or Donations, but when you enter or upload any of Your Data into the Site or make a Donation, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data and manage your Donations for the duration of your use of the Services (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:
         1. 1.supply the Services to you (for example, to enable you to access and use the Services), and otherwise perform our obligations under these Terms;
         2. 2.diagnose problems with the Services;
         3. 3.improve, develop and protect the Services;
         4. 4.send you information we think may be of interest to you based on your marketing preferences;
         5. 5.perform analytics for the purpose of remedying bugs or issues with the Services; or
         6. 6.perform our obligations under these Terms (as reasonably required).
   4. 4.You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks.
   5. 5.You are responsible for (meaning we are not liable for):
      1. 1.the integrity of Your Data on your systems, networks or any device controlled by you; and
      2. 2.backing up Your Data.
   6. 6.When you use the Services, we may create anonymised statistical data from Your Data and usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.
   7. 7.If you do not provide Your Data to us, it may impact your ability to receive the Services.
   8. 8.This clause 7 will survive the termination or expiry of these Terms.
8. 8.Confidential Information and Personal Information
   1. 1.While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.
   2. 2.However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.
   3. 3.We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.
   4. 4.You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).
   5. 5.We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).
   6. 6.Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.
   7. 7.This clause 8 will survive the termination or expiry of these Terms.
9. 9.Consumer Law Rights
   1. 1.In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.
   2. 2.Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.
   3. 3.If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
   4. 4.This clause 9 will survive the termination or expiry of these Terms.
10. 10.Liability
    1. 1.To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
       1. 1.your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
       2. 2.any use of the Services by a person or entity other than you.
    2. 2.While we exercise due diligence in selecting and monitoring investment managers, we are not liable for any losses resulting from market fluctuations or the performance of third-party investment managers.
    3. 3.Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:
       1. 1.neither we or you are liable for any Consequential Loss;
       2. 2.a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
       3. 3.(where the Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
       4. 4.our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1000.
    4. 4.This clause 10 will survive the termination or expiry of these Terms.
11. 11.Suspension and Termination
    1. 1.Suspension
       1. 1.We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.
    2. 2.Termination
       1. 1.We may terminate these Terms (meaning you will lose access to the Services) if:
          1. 1.you fail to pay your fees when they are due;
          2. 2.you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
          3. 3.you breach these Terms and that breach cannot be remedied;
          4. 4.we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice; or
          5. 5.you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).
       2. 2.You may terminate these Terms if:
          1. 1.we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
          2. 2.we breach these Terms and that breach cannot be remedied.
          3. 3.You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 12.8), and termination will take effect immediately.
       3. 3.Upon termination of these Terms, we will retain Your Data (including copies) as required by law or regulatory requirements.
       4. 4.Termination of these Terms will not affect any other rights or liabilities that we or you may have.
       5. 5.This clause 11 will survive the termination or expiry of these Terms.
12. 12.General
    1. 1.Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.
    2. 2.Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
       1. 1.If the Dispute is not resolved at that initial meeting:
          1. 1.where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
          2. 2.where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.
    3. 3.Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
    4. 4.Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts.
    5. 5.Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.
    6. 6.Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.
    7. 7.Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.
    8. 8.Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.
13. 13.Definitions
    1. 1.In these Terms:
       1. 1.Account means an account accessible to the individual or entity who signed up to the Services.
       2. 2.Charitable Grants means the distribution of funds from Investment Returns to eligible charitable entities or causes, in accordance with our Philanthropy Strategy and legal obligations.
       3. 3.Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.
       4. 4.Donation means any monetary contribution made by you through the Site for charitable purposes.
       5. 5.Investment Returns means the financial gains or losses generated from an investment over a specific period of time, typically expressed as a percentage of the initial investment amount.
       6. 6.Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.
       7. 7.Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.
       8. 8.Services means the donation platform, investment management, and grant distribution services we provide to you, as detailed on our Site and in these Terms.
       9. 9.Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving the Services or stored by or generated by your use of the Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with the Services. Your Data does not include any data or information that is generated as a result of your usage of the Services that is a back-end or internal output or an output otherwise generally not available to users of the Services.