Website Terms & Conditions

The Foundation for National Parks & Wildlife (ABN 90 107 744 771) (“FNPW”) is an independent charity with tax-deductible status (DGR), dedicated to raising funds and awareness to support our unique landscape, native animals and cultural heritage, helping people and our project partners to convert their passion for nature and wildlife into meaningful and sustainable conservation solutions and actions.

We raise funds to provide and facilitate projects with our partners in Australia that focus on growing and caring for Australia’s National Parks, building connectivity of our natural landscape and the protection our native wildlife.

FNPW is the owner and operator of this Website and its contents (the “Website”).

These Terms of Use apply to the Website, www.backyardbuddies.org.au

GENERAL USE OF WEBSITE

Before using the Website, please take some time to review the following basic terms and conditions and the terms of our Privacy Policy (which are incorporated herein by reference) (“Term of Use”). By using or accessing our Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to any updated Terms of Use that we may publish from time to time (without prior notice). If you do not agree to these Terms of Use then please do not use this Website.

ACCESSING THE WEBSITE

Access to the Website is permitted on a temporary basis and FNPW reserves the right to withdraw or amend the service it provides on the Website without notice (see below). FNPW will not be liable if for any reason the Website is unavailable at any time or for any period.

USE

FNPW controls and operates this website from its office in Australia. You may only use the Website in accordance with these Terms of Use and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practice within the state of New South Wales and all users of the Website agree to submit to the jurisdiction of the courts of NSW. If you choose to access this Website from another location you are responsible for compliance with applicable local laws.

In particular, you agree that you will:

  • provide true, accurate, current, complete and non-misleading information as requested by FNPW;
  • not post, transmit or otherwise disseminate any information on or via the Website which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous, racist or otherwise illegal or offensive;
  • not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party, including intellectual property and privacy rights;
  • not upload, post, e-mail or otherwise transmit any unsolicited or unauthorised materials such as junk mail, spam, chain letters etc., through our Website.

Without prejudice to any of our other rights and where we reasonably believe (in our absolute discretion) that you are in breach of any of these Terms of Use, FNPW reserves the right at any time to suspend the services offered on the Website, remove items from the Website, cancel your registration without reference to you and/or deny you access to the Website.

If you wish to make any use of material on our Website, please contact us. Any permitted links must comply with all applicable laws and regulations.

COPYRIGHT, TRADE MARK AND OTHER INTELLECTUAL PROPERTY RIGHTS

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Website as well as the selection, arrangement and organisation of the foregoing and the Website itself (collectively, “Content”) are subject to copyright, trade mark, service mark and/or other intellectual property rights or licences, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to FNPW, although third party copyright materials may be included from time to time. Any trade marks and names used on the Website are the property of their respective owners and are protected by Australian and International copyright and other intellectual property laws.

You may download material from the Website where indicated, provided that such materials are used in accordance with all applicable laws, and in particular, with applicable intellectual property and data protection laws. FNPW reserves the right to prohibit or restrict third parties’ use of its material. You may not download or alter any other materials from the Website without permission. Any permission granted to use material on the Website terminates automatically if you breach any of the Terms of Use. Notwithstanding the foregoing you may store on your computer or print copies of material from the Website for your personal use only. You will ensure that all copies of material from the Website for your personal use retain any copyright or other intellectual property notices contained in the original material and is not modified from how it appears on the Website. No elements of the Website may be used for personal gain or commercial or marketing purposes.

SUBMISSION AND UPLOADING MATERIAL TO OUR WEBSITE

Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other submissions disclosed, submitted or offered to FNPW on or through the Website or otherwise disclosed, submitted or offered by you to us (collectively, “Submissions”) shall be and remain the property of FNPW. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to FNPW of any intellectual property rights.

In particular, you agree that any Submissions you contribute will not: (i) be disruptive, offensive or constitute abusive behaviour or impersonations; (ii) contain unlawful or objectionable content; (iii) constitute spamming, (iv) include advertisements or promotional materials, (v) violate or infringe the rights of others, (vi) restrict or inhibit the use or enjoyment by any other user, (vii) affect the functionality or operation of this Website or its servers or other users computer systems; or (viii) breach any relevant standards, content requirements or codes.

You warrant that any Submissions comply with the above standards, and you indemnify us for any breach of that warranty. FNPW will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, FNPW shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. FNPW shall have no obligation to keep confidential, use, return, or review any Submissions.

FNPW reserves the right to take any action they reasonably deem necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from the Website of any materials submitted by any user and the right to disclose your identity to a third party who is claiming that any material uploaded by you to the Website constitutes a breach of their intellectual property rights or their right to privacy.

LINKS TO OTHER WEBSITES AND SERVICES

Our Website may provide links to other website(s) that we do not own or operate. The linked websites have separate and independent privacy policies, notices and terms of use, which we recommend you read carefully on the basis that we do not have any control over such websites, and therefore have no responsibility or liability for their content or the manner in which the organisations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

FNPW will report any such actions to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

FNPW will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

SECURITY

The Privacy Policy governs the use of personal information provided by you on the Website. We collect other information through the Website and we may take your personal information and anonymise it, either by combining it with information about other individuals (aggregating the information) or by removing characteristics that make the information personal to you (anonymising your information). The Privacy Policy does not apply to information that is not personal information and there are no restrictions under the Privacy Policy on our right to aggregate or anonymise your personal information and use and share such information with third parties. Please view our Privacy Policy to learn about the measures we employ which are designed to help protect your personal information.

LIABILITY

The Website, its Content and any information available on or through the Website are provided “as is” and “as available”. Neither FNPW, nor it Directors or employees give or make any representation or warranty (either express or implied) as to the completeness, accuracy or reliability of the content of the Website nor do they accept any responsibility arising in any way (including from negligence) for error in or omissions from the contents of this Website.

You agree to indemnify and keep indemnified FNPW against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by FNPW in connection with the use of this website, the breach of these Terms of Use or breach of any rights of third parties.

The total liability of FNPW (if any) in connection with this Website, or with these Terms of Use or any services supplied under them, will be limited, at the discretion of FNPW, to the re-supply of the information or services supplied or offered by FNPW or payment of the cost of doing this; or, the amount paid by you (if any). This limitation does not exclude any rights, which by law may not be excluded, including but not limited to rights under the Trade Practices Act.

FNPW reserves the right to revise the content of, amend links from or withdraw access to the Website at any time without notice and effective immediately from the revision. FNPW reserves the right to update the Terms of Use at any time.

YOUR CONCERNS

If you have any concerns, please e-mail us, or write to:

FNPW
GPO Box 2666
Sydney NSW 2001

Email: fnpw@fnpw.org.au