In these Terms, ‘us’, ‘we’ and ‘our’ means MegaVoice Australia Ltd and our related bodies corporate.
1 – Your agreement to these Terms
You will need to provide us with your personal information to make a donation or access certain features of our website, such as contacting us or subscribing to a prayer letter or newsletter.
To donate, you must:
- be at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree to these Terms.
We will use our reasonable commercial efforts to keep our website available on a 24 hour/7 days a week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our website may not be uninterrupted or available at all times.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in our best interests to do so.
2 – Donations
MegaVoice Australia Ltd is registered as a charity with the Australian Charities and Not for Profits Commission.
Donations can be made in the form of one-off donations, regular gifts or bequests. MegaVoice Australia Ltd will determine where the funds are directed within our services. If a donation is designated to a specific project, MegaVoice Australia Ltd will use reasonable endeavours to direct that donation to the designated project but is not obligated to comply with such requests.
MegaVoice Australia Ltd is not endorsed as a deductible gift recipient within Australia and you acknowledge that donations to MegaVoice Australia Ltd are not tax deductible.
When making a donation via our website or via telephone or via email or any electronic device, you warrant that all the details that you have provided are true and correct and complete in all material respects.
You acknowledge that donation payments made through this website will be processed by Generous for Good Pty Ltd (ABN 13 626 657 172) in accordance with its terms and conditions and you acknowledge that we accept no responsibility for payment processing.
3 – Refunds
You agree that once a donation has been submitted through our website or via telephone or via email or any electronic device, it cannot be cancelled by you. If you wish to change or cancel your donation, please contact us as soon as possible. Every attempt will be made to accommodate your request but we cannot guarantee that we will cancel or refund a donation once it has been made. If you would like to request a refund please provide details of how you made the donation, the amount, the date and the circumstances justifying your request.
4 – MegaVoice audio and video players
You acknowledge that your donation may be used by MegaVoice Australia Ltd to purchase audio and video players from MegaVoice Limited (a company incorporated in Israel) or one of its related bodies corporate.
You acknowledge that your donation will not give you any rights of ownership to any MegaVoice audio and video player and that MegaVoice Australia Ltd is not the manufacturer of and gives no warranties in relation to any audio or video player it purchases using your donation.
Except as provided in these Terms, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for purpose of the MegaVoice audio and video players are expressly excluded to the extent permissible by law. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, delivery or consumption of the MegaVoice audio or video players.
5 – Our Databases
We maintain a database of our registered users, which includes donors and subscribers.
If you are a registered user, you may add, delete and/or modify information about you in our database.
If you become a registered user on another website with which we are associated, with your consent, we may copy or transfer your information to another database we maintain and link your registration on this website with your registration on the other website.
6 – Collection Notice
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including storing information with our cloud providers.
7 – Accuracy, completeness and timeliness of information
The information on our website and social media accounts is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our website or social media accounts. You should monitor any changes to the information contained on our website and social media accounts and make your own enquiries.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to our website and social media accounts or the information, goods or services described in it. However, we do not undertake to keep our website or social media accounts updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
We may, from time to time, amend these Terms and notify you by email or by posting a notice on our website or social media accounts.
You agree to notify us if your information changes.
8 – Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
9 – Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
10 – Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our website and social media accounts in all of the material (including all text, graphics, logos, audio and software) made available on our website or social media accounts (Content).
By posting any material on our website or one of our social media accounts, you warrant that you have the right to post the material and grant us a non-exclusive licence to use the material.
Your use of our website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our website or the Content. However we do grant you a licence to access our website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of our website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support. Publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of our website, the Content or any part of it is prohibited, except to the extent permitted by law.
11 – Unacceptable activity
You must not do any act that we would deem to be inappropriate or which is unlawful or is prohibited by any laws applicable to us, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other legal rights of individuals;
- making representations in respect of goods or services purchased from us which we have not approved in writing;
- using our website, or any of our social media accounts, to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- posting or transmitting to our website, or any of our social media accounts, any non authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
We may review information you attempt to post and prevent the information from being posted to our website or any of our social media accounts. If we allow you to post any information to our website or any of our social media accounts, we have the right to take down this information at our sole discretion and without notice.
12 – Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our website will be secure.
We may restrict, suspend or terminate your access to our website, any Content, or any feature of our website with immediate effect if you breach these Terms.
13 – Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of our website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date. Our liability in respect of goods or services ordered by you is limited to the amounts paid by you in respect of the goods or services.
14 – Jurisdiction and governing law
Your use of our website and these Terms are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of or exercising jurisdiction in New South Wales, Australia.