TERMS AND CONDITIONS

  1. Your acceptance
    1. Katalyst Foundation Ltd (referred to as Katalyst Foundation, we, our or us) permits users (referred to as you or your) to:
      1. access and use the Katalyst Foundation website (www.katalystfoundation.org) (Website);
      2. make donations;
      3. view and interact with any content, information, communications, advice, text or other material provided by Katalyst Foundation (Content); and
      4. otherwise communicate with Katalyst Foundation,
      5. subject to the following terms and conditions (Terms).
    2. Katalyst Foundation may change or modify these Terms at any time, including to take account of new laws, regulations, practices or technology. By using the Website, you are agreeing to all of these Terms, as changed or modified. Notice of any changes or modifications will be provided by publishing the revised Terms on the Website only and separate notification will not be given to you individually. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.
  2. Donations and Refunds
    1. Katalyst Foundation is registered as a charity with the Australian Charities and Not-for-Profits Commission.
    2. You agree that, by submitting your donation via the Website you have read and understand these Terms and our Privacy Policy and consent to these requirements.
    3. This Website is enabled for online donations using a secure third-party donation server. However, despite the security on the Website, you should be aware that there are inherent risks in transferring information across the Internet.
    4. Katalyst Foundation uses  services provided by Shout for Good Ltd (Shout for Good) (https://shoutforgood.com/) to facilitate and process payments for online donations. Shout for Good is  authorised to process and collect donations on our behalf,  which will then be released and transferred to Katalyst Foundation. .
    5. Donations can be made by using a credit/debit card or PayPal account via Shout for Good, accessed via the ‘Donate’ link on the Website. Any use by you of the Shout for Good platform will also be subject to the terms and conditions of use of Shout For Good. For more information on Shout for Good security processes, please visit their website at https://shoutforgood.com/faqs.
    6. Katalyst Foundation is endorsed as a Tax-Deductible Recipient (DGR status), meaning donations of $2.00 and over may be tax deductible. This will be identified in the relevant appeal details online and will also appear on your receipt. Shout for Good will issue you a receipt within 24 hours of your donation. You will also be automatically issued with a summary of receipts after 30th June each year to use when completing your tax return for that financial year.
    7. All donations are denominated in Australian Dollars (AUD), and are not subject to GST. If you are making a donation using another currency authorised by Shout for Good (for example, NZ Dollar, British Pound or US Dollar) there may be additional fees imposed. Please refer to the Shout for Good website for specific details.
    8. We may add additional methods for accepting online donations from time to time which will be made clear on the Website. 
    9. Donations by individuals can be made in the form of one-off donations, regular gifts or bequests. Katalyst Foundation will determine where the funds are directed within its services. If a donation is designated to a specific project, Katalyst Foundation will use reasonable endeavours to direct that donation to the designated project. Donations of gifts in kind will also be directed as determined by Katalyst Foundation.
    10. We record on our fundraising database the donor’s name, address, email, telephone, and amount donated. Our fundraising database is protected by secure user IDs and passwords, to help protect it from misuse, unauthorised access, modification, or disclosure. For more details on the collection and use of personal information and donor data, please see our Privacy Policy.
  3. Request to refund donations 
    1. All donations are irrevocable, final, and not disputable. If however there are extenuating circumstances, Katalyst Foundation will consider refund related enquires to rectify genuine errors, or payments of an unauthorised nature. However we are under no obligation to give refunds and Katalyst Foundation reserves complete discretion on decisions in relation to refunds.
    2. In these exceptional circumstances, please contact Katalyst Foundation within 14 days of making the donation by phone on 03 8290 0500 between 9am and 5pm AEST (Australian Eastern Standard Time) Monday to Friday, or by email to info@katalystfoundation.org.au. If you would like to submit an enquiry please provide details of how you made the donation, the amount, the date and the circumstances justifying your request.
    3. If a donation is refunded, the associated tax receipt is no longer valid and should be securely destroyed. Please note it is your responsibility to submit correct receipts to the ATO (Australia Taxation Office).
  4. Access and Communication 
    1. Katalyst Foundation does not warrant that you will have continuous access to the Website.
    2. Katalyst Foundation will not be liable if the Website are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
    3. Katalyst Foundation does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
    4. Katalyst Foundation takes reasonable precautions to protect information transmitted via the Website, Katalyst Foundation cannot and does not guarantee the security or confidentiality of these communications or the security of the Website
    5. Katalyst Foundation does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
  5. Privacy 
    1. Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 4.2) to Katalyst Foundation will be used for the purposes contemplated by these Terms and in accordance with our Privacy Policy, including but not limited to:
    2. processing your donation;
    3. providing direct marketing communications to you when you sign up to receive email updates from Katalyst Foundation.
    4. If you are submitting the personal information of any other person on the Website, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms and our Privacy Policy.
  6. Disclaimer regarding Content 
    1. We have used our best endeavours to ensure all Content appearing on the Website is correct and up-to-date at the time of publication. Katalyst Foundation does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects.
  7. Third party sites
    1. The Website may contain hyperlinks to sites operated by third parties, such as Facebook, Twitter, Instagram and YouTube. These linked sites are not controlled by Katalyst Foundation, and we are therefore not responsible for the content of those sites.
    2. These third-party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and Katalyst Foundation’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer.
    3. You access these sites and use or buy their products and services solely at your own risk. Katalyst Foundation is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe or provide, or in respect of any incorrect link to an external website.
  8. Intellectual Property

General 

    1. The Website is owned and operated by or on behalf of Katalyst Foundation. The Content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.

Copyright 

    1. All Content contained on the Website is protected by Australian and international copyright laws, unless indicated otherwise.
    2. You may view the Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site or application for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by Katalyst Foundation and then only according to the conditions as stipulated by Katalyst Foundation; and (b) include the copyright notice “© Katalyst Foundation 2021” on the copy.
    3. You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on the Website, except as allowed by this site or as agreed by Katalyst Foundation in writing.

Trademark Notice

    1. The Website contains registered trademarks that are, unless shown otherwise, either owned or licensed by Katalyst Foundation and are protected under the laws of Australia and other countries. You must not use Katalyst Foundation’s trademarks, except: (a) by saving or printing out a copy of the Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to Katalyst Foundation or a Katalyst Foundation product or (c) with Katalyst Foundation’s prior written consent.
    2. The use of any trademarks on the Website that are not owned or licensed by Katalyst Foundation is not intended to indicate any association with, or endorsement by, the owner of that trademark.

User Generated Content

    1. By including #KatalystFoundation or #Katalyst or by tagging us in images and content you post on social media or other online platforms, you consent to us reposting and sharing your content via our social channels including, but not limited to, Instagram, Facebook, LinkedIn, Twitter, Snapchat and Pinterest.
  2. Prohibited uses
    1. You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
      1. download (other than page caching) or modify the Website, or any portion of the Website;
      2. impersonate or falsely claim to represent a person or organisation;
      3. are commercial, including selling, marketing, advertising or promoting goods or services;
      4. frame the Website without Katalyst Foundation’s express written permission;
      5.  post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
      6. post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
  3. Limitation of liability
    1. Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
    2. Katalyst Foundation, its directors, employees, agents, contractors and related entities will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website and App, the Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.
    3. Subject to this clause, the maximum aggregate liability of Katalyst Foundation for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.00 AUD.
  4. Indemnity
    1. You will fully indemnify Katalyst Foundation in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
      1. any breach of these Terms by you;
      2. your use of the Website or the Content; or
      3. your communications with Katalyst Foundation.
  5. Termination of your access to the Website
    1. Katalyst Foundation may at any time immediately terminate your access (including restricting access) to the Website, any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
  6. Applicable law and international use
    1. By accessing the Website you accept that any disputes about the Website or the Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.
    2. As the Website can be accessed throughout Australia and overseas, Katalyst Foundation does not represent that the Content complies with the laws of any country outside Australia or that any competition, offering or Content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
  7. Severability
    1. Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
  8. Contacting us
    1. If you have questions about the Website or these Terms, please contact us by clicking on the “Contact Us” button available on any page on the Website and following the instructions from there.