Effective date: 1 December 2023
1.Introduction
1.1.This document outlines the terms and conditions that govern your access to and use of this website (Terms) of Arkblu Philanthropies Ltd ATF Arkblu Philanthropies Trust (collectively referred to as Arkblu Philanthropies, we, our or us).
1.2The website of Arkblu Philanthropies, accessible at www.arkblu.org (Website), provides information about Arkblu Philanthropies and its activities.
1.3.Please read the Terms carefully. By accessing and using the Website, you acknowledge that you have read, understood and agreed to be bound by the Terms. If you do not accept the Terms, you must cease your use of the Website immediately.
2.Conditions of use
2.1.All content displayed on the Website, including but not limited to, text, graphics, logos and images, is provided for informational purposes and remains the intellectual property of Arkblu Philanthropies.
2.2.Unauthorised use, reproduction or distribution of any material from the Website without our express written consent is strictly prohibited.
3.Intellectual property rights
3.1.The name Arkblu Philanthropies, along with all related names, logos, products and service names, designs and slogans, are proprietary to Arkblu Philanthropies or its affiliates or licensors. These elements, constituting the trade names and distinctive brand features of Arkblu Philanthropies, are protected under intellectual property laws.
3.2.Unauthorised use of these marks, or any similar names or logos, is prohibited and may constitute infringement of our intellectual property rights. The use of these marks without our express written permission is strictly prohibited.
4.Privacy policy
4.1.Your access to and use of the Website is also subject to our privacy policy. By using the Website, you agree to the collection and use of information in accordance with our privacy policy, which is hereby incorporated by reference into the Terms. You can view our privacy policy here.
5.Accuracy of information
5.1.We endeavour to ensure that all information provided on the Website is accurate and up to date, but we do not guarantee the accuracy, reliability or timeliness of any information on the Website and will not be liable for any losses caused by reliance on such information. Users are encouraged to confirm the information independently before relying on it.
6.Governing law
6.1.The Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia, without giving effect to any principles of conflicts of law.
7.Dispute resolution
7.1.In the event of a dispute arising from or in connection with the Terms, including any questions regarding its existence, validity or termination, the dispute shall be resolved in the courts of New South Wales, Australia, which shall have exclusive jurisdiction, unless otherwise mutually agreed by the parties involved.
8.Disclaimer and limitations of liability
8.1.The content on the Website is provided for general information purposes only and should not be considered professional advice. We expressly disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone informed of its contents.
8.2.To the full extent permissible by law, we will not be liable for any direct, indirect, incidental, consequential or punitive damages arising from access to or use of the Website.
8.3.All materials on the Website are provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant the accuracy, reliability or timeliness of any information on this website and will not be liable for any losses caused by such reliance.
8.4.The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
9.Changes to Terms
9.1.We reserve the right, at our sole discretion, to modify or update the Terms at any time. Such changes will be effective immediately upon posting to the Website, and it is your responsibility to check these Terms periodically for changes.
9.2.By accessing or using the Website after any changes are made, you agree to be bound by the revised Terms. If you do not agree with the revised Terms, you must discontinue using the Website immediately.
10.Usage restrictions
10.1.You are not allowed to use the Website or its content in any manner that is illegal, infringing or harmful. This includes unauthorised copying, reproduction or distribution of content from the Website, as well as any use that may damage the reputation of Arkblu Philanthropies or compromise the integrity of said content.
10.2.Activities that disrupt the operation of the Website or infringe upon the intellectual property rights associated with content from the Website are strictly prohibited and may result in legal action against you.
11.Severability
11.1.If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. This clause will not negate the enforceability of any binding arbitration section that may be included in the Terms.
12.Entire agreement
12.1.The Terms constitute the entire agreement between you and us regarding your use of the Website and supersede and replace any prior agreements that might have existed between you and us regarding the Website.
13.Waiver
13.1.Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If we waive any right or provision, such waiver will only be effective if made in writing and signed by us.
14.Contact information
14.1.If you have any questions regarding the Terms, please get in touch with us at philanthropy@arkblu.org.