1. You may make donations to Childhood Cancer Support (CCS) ("us" or "we") through the Talk Like a Pirate Day (TLAPD) Website.
2. By making donations through the TLAPD Website, you agree that you have read, understand and agree to be bound by these terms and conditions in effect at the time of donation (Payment Terms).
3. Your donations and your use of the TLAPD Website are also governed by other terms of "Our Agreement". Our Agreement comprises: (a) the TLAPD Website Terms and Conditions (we call these in this document, Terms and Conditions); (b) the Privacy and Cookies Policy; (c) policies, notices and disclaimers displayed elsewhere on the TLAPD Website; and (d) these Payment Terms. You must also read the Terms and Conditions before making any donation as the Terms and Conditions also govern your donations. Some of the terms used in these Payment Terms are defined in the Terms and Conditions.
4. These Payment Terms are subject to change without prior written notice at any time and such changes shall apply to donations made after such changes are posted to the TLAPD Website. The Terms and Conditions may also be amended from time to time. Therefore, you should review these Payment Terms and the Terms and Conditions prior to making each donation so you will understand the terms applicable to your transaction.
5. If you do not agree to these Payment Terms or Terms and Conditions, do not make any donations on the TLAPD Website.
6. To make a donation on the TLAPD Website, you must:
(a) Be over 18 or have the consent of your parent or guardian;
(b) Comply with these Payment Terms (and the Terms and Conditions);
(c) Have a current email address; and
(d) Have a valid credit card or PayPal account which you are authorised to use for making the donation under these Payment Terms and other Terms and Conditions.
7. You must comply with the requirements for passwords as set out in the Terms and Conditions and maintain the security of your log-in access details including your password, which enable you to access your account and treat such information as strictly confidential. You shall be fully responsible for all use of your account and for any actions which take place using your account, including for any donations made using your payment details. You shall be fully responsible for making all arrangements necessary to use the TLAPD Website and for ensuring that all persons who use the TLAPD Website through your internet connection are aware of and comply with the terms of Our Agreement.
Payment Method and Terms
8. All donations which you make to CCS through the TLAPD Website are made through either:
(a) A separate credit card transaction gateway, the Braintree Payment System (Braintree Payment System) (https://www.braintreepayments.com); or
(b) A separate transaction gateway, the PayPal Payment System (PayPal Payment System) PayPal (http://www.paypal.com). The PayPal gateway is operated by a third party provider called PayPal (http://www.paypal.com). Transactions through this gateway are processed and settled by PayPal.
These gateways are not operated by us. The Braintree gateway is operated by a third party provider called Braintree (https://www.braintreepayments.com) and PayPal (http://www.paypal.com). Transactions through this gateway are processed and settled by (NAB Bank). The PayPal gateway is operated by a third party provider called PayPal (http://www.paypal.com). Transactions through this gateway are processed and settled by PayPal.
9. The Braintree Payment System accepts Visa, Mastercard and American Express credit cards as forms of payment. The PayPal Payment System accepts various forms of payment.
10. By submitting a donation through the Braintree Payment System, you authorize (NAB Bank) to charge the account you specify for the donation. By submitting a donation through the PayPal Payment System, you authorize PayPal to charge the account you specify for the donation.
11. All payments are to be made in Australian Dollars.
12. You must not make a donation in relation to us through any fraudulent means or without authorisation from the relevant card holder.
13. Please see the Privacy section below regarding how we deal with your credit card number and other personal information.
Consent to communications
14. You agree that we may contact you or the recipient (the Recipient) in relation to your donations through the TLAPD Website. You provide us with all necessary consents for these purposes. You acknowledge that our main form of communication with you will be by email or through the TLAPD Website.
15. You agree that (NAB Bank), Braintree, and PayPal may contact you or the credit card holder or account holder in relation to your donations through the TLAPD Website. Otherwise you acknowledge that our main form of communication with you will be by email or through the TLAPD Website.
16. You may opt-in to certain communications from us or third parties for marketing purposes or to inform you about their products. If you do so, we or third parties may communicate with you by e-mail, SMS, fax or post in accordance with your opt-in unless you notify us otherwise.
17. If you make a donation, through the TLAPD Website we may require you to confirm details (including contact details) and to provide further information needed by us or (NAB Bank) or PayPal to facilitate the processing of any donations that you make. You agree to provide us with current, complete and accurate details when asked to do so for this purpose.
18. Once we have accepted payment for a donation, cancellation of it is within our sole discretion.
19. Donations that cannot be cancelled will be subject to the terms on refunds and returns set out below in these Payment Terms.
20. There is no refund on any donation made however we reserve the right to have a donation refunded at our discretion if requested by you. This clause applies even if the participant in relation to which the donation was made does not complete TLAPD, makes any misrepresentations, is fraudulent or for any other reason.
Delivery of receipts and paper products
21. You must provide us with a current email address and where applicable a Recipient.
22. All receipts and most intangible or paper-based products will generally be delivered through email only.
23. You consent to us sending receipts to the email address(es) you provide to us.
24. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your donation.
25. We do not guarantee that you will be eligible for any tax benefit by making a donation or purchasing a product from us except to the extent that we currently hold an endorsement for deductible gift status.
26. We respect and are committed to protecting your privacy. Click here to view the TLAPD Website's Privacy and Cookies Policy. We will use the personal information you provide to us in accordance with the Privacy and Cookies Policy.
You must read these disclaimers on safety and security and availability
28. As noted above, TLAPD uses a separate credit card transaction gateway provided by Braintree (https://www.braintreepayments.com) to process your credit card transactions directly with (NAB Bank). The security protection employed by Braintree is available here: https://www.braintreepayments.com/legal. TLAPD uses a separate transaction gateway provided by PayPal (http://www.paypal.com.au) to process your transactions directly with PayPal. The security protection employed by PayPal is available here: https://www.paypal.com/au/webapps/mpp/paypal-safety-and-security.
29. You agree to the disclaimers set out the Terms and Conditions in relation to the security, safety and availability of the TLAPD Website.
We limit our liability
30. Our liability in connection with your donations is excluded or limited in accordance with this section ("we limit our liability"). The "we limit our liability" section of the Terms and Conditions also apply. Please note that nothing in this "we limit our liability" section is intended to affect your statutory rights as a consumer, so far as these cannot be excluded or limited under applicable law.
31. To the extent by permitted by law and other than as referred to under these Payment Terms, we disclaim all representations, and make no warranties of any kind, express or implied, with respect to:
(a) Any participant in respect of which a donation is made.
32. We make no representations as to, and are not responsible for, the accuracy of the information presented in relation to products or services (except as to price) or participants or your reliance on such information.
33. To the maximum extent legally permitted, we are not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. This includes that we provide no warranties and have no liability in connection with, to the extent permitted by applicable law:
(a) Any payment by you through the Braintree Payment System or through the PayPal Payment System;
(b) Any fraud, misrepresentation or other form of deception by a participant in relation to a donation;
(c) Any third party products or services ordered or sought to be ordered by you through the TLAPD Website.
34. To the extent permitted by applicable law, we are not responsible for and have no liability in relation to:
(a) Loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment; or
(b) Personal injury;
(d) Loss of data, loss of profits, loss of revenue, loss of opportunity, incidental or consequential loss, whether suffered by you or any other party and however so arising, including claims based in contract (including for repudiation), tort (including negligence), common law, equity, statute or otherwise. To the extent permitted by law, this includes such loss, injury or death related to any product or service purchased by you or used by a Recipient.
35. We are not responsible for and have no liability in relation to any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
36. You are liable to us for any claims or damages relating to any misuse by you of another person’s credit card information.
37. If, subject to what is set out in this "We limit our liability to you" section, we are liable, you agree that we are only liable up to the greater of AUD$100 or the amount you donated.
38. You must take reasonable steps to minimize the extent of the loss you may suffer for which we may be liable. You must notify us in writing of your loss as soon as is reasonably possible.
Other contract terms
39. These Payment Terms are governed by the law in force in the State of NSW, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of NSW, Australia for the purpose of hearing and determining any dispute arising out of or in any way relating to Our Agreement or its formation and for the purpose of enforcement of any judgment. The governing language of any contract concluded hereunder is English.
40. To the extent of any inconsistency between these Payment Terms and other terms and conditions or other terms of Our Agreement, these Payment Terms have priority.
41. If any portion of these Payment Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
42. If we fail to enforce any of these Payment Terms, it will not be considered a waiver.
43. You will not transfer any of your rights or obligations under these Payment Terms to anyone else without our consent.
44. All of our rights and obligations under these Payment Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Last modified on 23rd January 2020.