Terms of Use

General terms relating to the use of the Gold Coast Legacy website.

1. About Gold Coast Legacy Club Ltd

1.1 Gold Coast Legacy Club Ltd (“Gold Coast Legacy”, “GC Legacy”, “GC Legacy Club”, “we”, “our” or “us”) (ABN 88 253 316 088) is a registered charity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cth) and a Public Benevolent Institution providing services to Australian families suffering after the injury or death of a spouse or parent, during or after their Defence Force service (Purpose).

2. These Terms

2.1 These Terms of Use (Terms) apply as follows:

  • when You access and use Gold Coast Legacy’s Site and services available through its Site; and
  • to your relationship with Gold Coast Legacy as a Donor when you make a donation to Us (see clause 3 - Donating to Gold Clast Legacy).

2.2 These Terms constitute a binding agreement between You and Us and govern your use of our website, subdomains and any other websites or mobile applications referencing, embedding or linking to these Terms of Use, including the website located at www.goldcoastlegacy.org.au (Site).

By continuing to access or use our Site or by donating to Gold Coast Legacy, you are agreeing to these Terms. We may amend these Terms at any time including by publishing new terms on our website or mobile applications.

3. Donating to Gold Coast Legacy

3.1 This Clause 3 sets out rights and obligations as a Donor. When making a donation to Gold Coast Legacy, You agree that you have read and understand, and agree to be bound by this clause 3 of these Terms

3.2 All donations are gifts made voluntarily to Gold Coast Legacy, a charity registered by the Australian Charities and Not-for profits Commission and endorsed by the Australian Taxation Office as a tax concession charity and deductible gift recipient with no conditions.

3.3 By donating to Gold Coast Legacy, you understand and agree that your donation is made to Gold Coast Legacy. Gold Coast Legacy receives contributions from Donors and disburses contributions for our Purpose.

3.4 As required by law, for your donation to be considered tax-deductible, it must, among other requirements, be a genuine gift to Gold Coast Legacy. Refunds may only be granted in exceptional circumstances.

3.5 Gold Coast Legacy makes no representations to You about how your gift will be disbursed or assigned other than to support Gold Coast Legacy to deliver on our Purpose.

3.6 Donors receive a tax receipt from Gold Coast Legacy at the time of the donation. Donors who request refunds may not be eligible for tax deductions on their refunded donations.

3.7 Refunds may be granted at Gold Coast Legacy’s discretion. Some circumstances in which refunds might be granted include when the donation was:

  1. made in error;
  2. made in a materially incorrect amount; or
  3. not authorised by the Donor.

Donors with exceptional circumstances such as these may contact us to request a refund: info@goldcoastlegacy.org.au or by calling (07) 5500 6833.

3.8 Gold Coast Legacy will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify Us against any claim made against Us in relation to the tax deductibility of your donation.

3.9 Gold Coast Legacy receives donations through our online system (Square Online https://gold-coast-legacy-club-ltd.square.site/) which integrates with a secure payment gateway. When making a donation, you may be asked to provide personal information including your name, email address, contact number, and address. This information is collected solely for processing donations, issuing receipts, communicating with donors if required, and resolving any payment or system-related issues. Gold Coast Legacy does not require donors to create an account to make a donation, and your personal information will be handled in accordance with our Privacy Policy.

3.10 If you become aware of any payment issue, unauthorised use of your personal information, or security concern relating to your interaction with our online donation system, please notify Us as soon as possible so we can investigate and assist appropriately.

3.11 When donating to Us, we may collect your personal information, including your name, email address, billing address, preferred contact phone number, payment details. We use Square as our secure payment system when processing your donation. We do not store your credit card data.

3.12 Donations may be made anonymously through our online donation system. Please note that anonymous donations may limit Gold Coast Legacy’s ability to issue donation receipts or contact donors regarding their contribution, including for tax-deductible gift recipient obligations.

3.13 Gold Coast Legacy may communicate with you news, updates, and information about our activities, events, and services if you subscribe the newsletter. If you no longer wish to receive these communications, you may unsubscribe at any time or contact us at info@goldcoastlegacy.org.au.

3.14 Donations made through our online donation system are processed securely via Square Online. Processing fees charged 2.2% by Square may apply to donations and will be disclosed at the time of payment. Donors may also have the option to contribute towards these processing fees as part of their donation.

4. Privacy

4.1 We are committed to protecting personal information and value your privacy. Our Privacy Policy sets out our practices relating to the collection, use, disclosure, storage, and destruction of your personal information.

4.2 We will collect and store information that you provide to us when interacting with our Site such when You subscribe to receive news and updates, when You make a donation through our Site.

4.3 Information recorded when You use our Site may include:

  • IP address,
  • location data (where available and not disabled by the user),
  • the type of web browser used
  • dates, times, and other user activity.

4.4 We use cookies which are small text files that are sent to a device by the user’s web browser which then stores a record of the visit in the web browser used. Cookies enable the proper functioning of our Site and assist Us to improve our Site browsing experience. You can manage your cookie settings via your web browser privacy settings.

4.5 In most cases, we will not be able to reasonably identify You when you visit our Site from the information collected (for example we use Google Analytics which only provides Us with aggregate data about visitors to our Site). However, if cookies or similar technologies are linked with personal information we hold about You, this cookie information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

4.6 For further information on our Privacy Policy, how you can access or correct your personal information or report a privacy concern, please read our Privacy Policy at https://goldcoastlegacy.org.au/privacy-policy/.

5. Our website

5.1 You acknowledge and agree that your access to and use of the Site is on an “as is” basis and without any express or implied warranty of any kind.

5.2 When accessing and using the Site you must:

  1. only use it for a lawful purpose;
  2. comply with any instructions we provide You in relation to your access, and use of, this Site; and
  3. comply with applicable laws.

5.3 Your use of our Site is at your own risk. You must take your own precautions to ensure the telecommunications equipment and computer systems used by You to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to You or anyone else which may arise out of, or in connection with, your access to, and use of, the Site or services.

5.4 If You link to our Site, You must:

  1. only do so in a way that is fair and lawful and does not take advantage of or damage the reputation or public perceptions of Gold Coast Legacy; and
  2. ensure that your website or social media site does not contain any illegal, explicit, offensive, discriminatory, denigrating, defamatory, abusive, threatening, or misleading material; and,
  3. You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement by Us where none exists, or in a way that would be misleading or deceptive, or likely to mislead or deceive.

5.5 You must not use the Site, or services available through the Site:

  1. to publish or send malicious content (such as phishing, viruses, harmful code or Trojans), with the intent to compromise our or another user’s access, account, security, identity, IT environment or to breach confidentiality;
  2. to publish or send spam (unsolicited commercial electronic messages), or any other commercial communications; or
  3. for any unlawful purposes, fraud, or to conduct or promote illegal activities.

6. Intellectual Property

6.1 You must not infringe Gold Coast Legacy’s or another person’s intellectual property when using our Site or services.

6.2 The content on our Site includes text, code, software, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material which is protected by intellectual property laws (such as copyright, patents, and registered trademarks and designs), as well as other legal rights and actions. The Site includes content which we own or control, as well as content which is owned or controlled by other parties, which we licence (Gold Coast Legacy Content).

6.3 Unless you have obtained our express prior written consent, You must not:

  1. copy, modify, distribute, store, transmit, publish, or display any part of this Site (including any Gold Coast Legacy Content) or any computer software or code contained on this Site;
  2. use any of our trade mark or logo, or any other trade mark or logo on this Site; or
  3. commercialise any information (including any Gold Coast Legacy Content) obtained from this Website.

6.4 You consent to our use, distribution, storage, transmission, publication, and display (without charge) of anything you provide to us or upload on or through this Site. This extends to any of your stories, images, video, feedback, or suggestions.

7. Third party sites

7.1 Our Site contains links to other websites and social media sites such as Youtube, Facebook and Instagram operated by third parties (Third Party Sites) which are linked for your convenience.

7.2 Gold Coast Legacy does not control Third Party Sites or content and is not responsible for their content, links or other functionality such as e-commerce. If you have questions or concerns about those Third-Party Sites or content, you should contact the relevant owner or operator of that Third Party Site.

7.3 Certain parts of our Site and our social media channels (including the interactive parts) may be operated by a third party or using third party technology, which also have separate terms and conditions applying to your use of or access to them.

8. Waiver and Indemnity

8.1 You agree to indemnify, defend and hold harmless Gold Coast Legacy, its affiliates and each of its and their officers, directors, employees, agents and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable legal fees) arising from or relating to:

  1. your use of, or activities in connection with our Site (including the Online Donation); or
  2. your violation of these Terms.

8.2 To the extent permitted by law, You irrevocably waive and release Gold Coast Legacy from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with these Terms.

9. General

9.1 We may make changes to these Terms without notice to You. Any amendments to these Terms will have immediate effect from the time that they are published on the Site.

9.2 Any provision of these Terms which is void or unenforceable may be severed from them without affecting the enforceability of other provisions.

9.3 A failure or delay by use to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.

9.4 The Terms are governed by, and must be construed according to, the law of the State of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.

10. Definitions

10.1 In these Terms of Use:

  • “Donor” means a legal person whether an individual, incorporated or unincorporated entity capable of entering into an agreement to make a gift to Gold Coast Legacy Ltd.
  • “Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trademarks, logos, systems, circuit layout, designs, software, domain names, trade secrets and confidential information;
  • "Privacy Policy” means our privacy policy available at https://goldcoastlegacy.org.au/privacy-policy/.
  • “Site” means this website and its associated subdomains, systems and networks.
  • "Terms” means these Terms of Use.
  • “You” are a visitor or user of the Site and/or the services.
  • “Us” means Gold Coast Legacy Club Ltd.

11. Interpretation

Any reference in these Terms of Use to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms of Use unless otherwise specified.

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