Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and
conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and
Disclaimer Notice and any or all Agreements: "Donor" "Client", "You" and "Your" refers to you,
the person accessing this website and accepting the Company's terms and conditions. "The
Company", "Ourselves", "We" and "Us", refers to our company, The Friendship Foundation
Limited (under the auspices of Community Outreach Ministries) and its registered trademarks
"International Gratitude Day", "Say Thanks December" and "Pamper a Carer", or "Us", refers to
the Donor, Client and Ourselves. All terms refer to the offer, acceptance and consideration of
payment necessary to undertake the process of our assistance to the Donor and/or Client in the
most appropriate manner, whether by formal meetings of a fixed duration, or any other means,
for the express purpose of meeting the Donor’s and/or Client's needs in respect of provision of
the Company's stated services/products, in accordance with and subject to, prevailing Australian
Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or
he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Statement
We are committed to protecting your privacy. Authorised employees within the company on a
need to know basis only use any information collected from individual donors and/or customers.
We constantly review our systems and data to ensure the best possible service to our donors
and/or customers. Parliament has created specific offences for unauthorised actions against
computer systems and data. We will investigate any such actions with a view to prosecuting
and/or taking civil proceedings to recover damages against those responsible.
Confidentiality
Donors and Client records are regarded as confidential and therefore will not be divulged to any
third party, other than our manufacturer and/or supplier(s) for the provision of agreed services
and products and if legally required to do so to the appropriate authorities. Donors and/or Clients
have the right to request sight of, and copies of any and all Donor and/or Client Records we
keep, on the proviso that we are given reasonable notice of such a request. Donors and/or
Clients are requested to retain copies of any receipts and or literature issued in relation to the
provision of our services. Where appropriate, we shall issue Client's with appropriate written
information, handouts or copies of records as part of an agreed contract, for the benefit of both
parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail
address for unsolicited mail. Any emails sent by this Company will only be in connection with the
provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by
law, this Company:
excludes all representations and warranties relating to this website and its contents or
which is or may be provided by any affiliates or any other third party, including in relation
to any inaccuracies or omissions in this website and/or the Company's literature; and
excludes all liability for damages arising out of or in connection with your use of this
website. This includes, without limitation, direct loss, loss of business or profits (whether
or not the loss of such profits was foreseeable, arose in the normal course of things or
you have advised this Company of the possibility of such potential loss), damage caused
to your computer, computer software, systems and programs and the data thereon or any
other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its
negligence. The above exclusions and limitations apply only to the extent permitted by law. None
of your statutory rights as a consumer are affected.
Payment
All goods remain the property of the Company until paid for in full. Monies that remain
outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing
Australian base interest rate on the outstanding balance until such time as the balance is paid in
full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid
sixty days from the date of invoice via collection Agencies and/or through the Small Claims
Court. In such circumstances, you shall be liable for any and all additional administrative and/or
court costs.
Returned cheques will incur a surcharge to cover banking fees and administrative costs. In an
instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if
agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or
transactions and agreements entered into will cease with immediate effect until such time as any
and all outstanding monies are recovered in full.
Delivery Policy
All postage and handling of purchased products are dealt with by external partners and Australia
Post. Orders are processed twice weekly for the duration of the campaign (November and
December). Product delivery should normally take place within 5 - 10 working days from the time
of order placement. We take no responsibility for delivery delays, lost products, or incorrectly
entered delivery address details. We will assist you wherever possible or reasonable, to track or
recover orders that have not arrived within 10 working days.
Cancellation Policy
Minimum 24 hours’ notice of cancellation required. Notification for instance, in person, via email,
and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the
right to levy a charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Client and Ourselves have the right to terminate any Services Agreement for any
reason, including the ending of services that are already underway. No refunds shall be offered,
where a Service is deemed to have begun and is, for all intents and purposes, underway. Any
monies that have been paid to us which constitute payment in respect of the provision of unused
Services, shall be refunded.
Availability
You are solely responsible for evaluating the fitness for a particular purpose of any downloads,
programs and text available through this site. Redistribution or republication of any part of this
site or its content is prohibited, including such by framing or other similar or any other means,
without the express written consent of the Company. The Company does not warrant that the
service from this site will be uninterrupted, timely or error free, although it is provided to the best
ability. By using this service you thereby indemnify this Company, its employees, agents and
affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user's movement, and gather
broad demographic information for aggregate use. IP addresses are not linked to personally
identifiable information. Additionally, for systems administration, detecting usage patterns and
troubleshooting purposes, our web servers automatically log standard access information
including browser type, access times/open mail, URL requested, and referral URL. This
information is not shared with third parties and is used only within this Company on a need-to-
know basis. Any individually identifiable information related to this data will never be used in any
way different to that stated above without your explicit permission.
Links from this website
We do not monitor or review the content of other party's websites which are linked to from this
website. Opinions expressed or material appearing on such websites are not necessarily shared
or endorsed by us and should not be regarded as the publisher of such opinions or material.
Please be aware that we are not responsible for the privacy practices, or content, of these sites.
We encourage our users to be aware when they leave our site & to read the privacy statements
of these sites. You should evaluate the security and trustworthiness of any other site connected
to this site or accessed through this site yourself, before disclosing any personal information to
them. This Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of personal
information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the
Company's services and the full content of this website.
This Company's logo is a registered trademark of this Company in Australia and other countries.
The brand names and specific services of this Company featured on this web site are
trademarked.
Communication
We have several different e-mail addresses for different queries. These, & other contact
information, can be found on our Contact Us link on our website or via Company literature or via
the Company's stated telephone, facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any
Agreement which is due to an event beyond the control of such party including but not limited to
any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or
military authority, uprising, earthquake, flood or any other natural or man-made eventuality
outside of our control, which causes the termination of an agreement or contract entered into, nor
which could have been reasonably foreseen. Any Party affected by such event shall forthwith
inform the other Party of the same and shall use all reasonable endeavours to comply with the
terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement
or the failure of either Party to exercise any right or remedy to which it, he or they are entitled
hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations
under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall
be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of Australia govern these terms and conditions. By accessing this website, making
donations or using our services/buying our products you consent to these terms and conditions
and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not
limited to the exclusions and limitations set out above), then the invalid or unenforceable
provision will be severed from these terms and the remaining terms will continue to apply. Failure
of the Company to enforce any of the provisions set out in these Terms and Conditions and any
Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of
such provisions and shall not affect the validity of these Terms and Conditions or of any
Agreement or any part thereof, or the right thereafter to enforce each and every provision. These
Terms and Conditions shall not be amended, modified, varied or supplemented except in writing
and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and
your continued use of the site will signify your acceptance of any adjustment to these terms. If
there are any changes to our privacy policy, we will announce that these changes have been
made on our home page and on other key pages on our site. If there are any changes in how we
use our site donor’s and/or customers' Personally Identifiable Information, notification by e-mail
or postal mail will be made to those affected by this change. Any changes to our privacy policy
will be posted on our web site 30 days prior to these changes taking place. You are therefore
advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Donor and/or Client and
Ourselves. By accessing this website and/or providing a donation and/or undertaking a booking
or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer
Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are
unaffected.