Terms & Privacy
WEBSITE TERMS & CONDITIONS
Eye Wall Foundation Limited ABN 23 637 860 327 (“Eyewall Foundation”, “Eyewall”, “we”, “us”, “our”) has its registered office at 583 Stirling Hwy, Cottesloe WA 6001. This website www.eyewall.com (“Website”) is owned and operated by Eyewall Foundation. By using this Website you signify your agreement to the following terms, conditions and policies (the “Terms”).
Changes to the Terms
We may update or amend the contents of the Website at any time, including the Terms. By continuing to use or access our Website, you agree to be bound by any updates or amendments to the Terms.
Trademarks and Intellectual Property
Eyewall Foundation and its associated logos are trademarks of Eye Wall Foundation Limited (“Trademarks”). All materials on this Website, including products, designs, images, photographs, logos, illustration, graphics, icons, texts and other materials (“Content”) is owned by or licensed to Eyewall Foundation. Further, all copyright and other rights (including, without limitation, intellectual property rights) in and to the Website and the material on the Website are owned by Eyewall Foundation.
You are not authorised to sell, reproduce, distribute, communicate, modify, publish or store any Content or Trademarks without our prior written consent, which may be withheld in the absolute discretion of Eyewall Foundation (except as permitted by applicable law). All rights are reserved.
Linking and Third-Party Content
The Website may contain links to other platforms or websites operated by other individuals and organisations (“Third Party Websites”) and may display content of third parties (“Third Party Content”). The inclusion of any link to Third Party Websites or any Third Party Content on our Website does not imply endorsement by Eyewall Foundation of those sites or that content. Eyewall Foundation is not responsible for the content or accuracy, nor makes any warranty or claim regarding Third Party Websites or Third Party Content. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
Eyewall Foundation does not authorise any linking to its Website without our prior written consent.
Limitation of Liability
We take care that the information we provide is accurate and complete. However, occasionally there may be information on our Website that contains errors, inaccuracies or omissions and Eyewall Foundation does not warrant or represent that the information and Content on our Website is accurate, error-free or reliable or complete.
We reserve the right to modify or discontinue the Website (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
Eyewall Foundation does not guarantee or warrant that your use of the Website will be uninterrupted, secure or error-free. Your use of the Website is at your sole risk. Eyewall Foundation shall not be liable for any damage to your computer, software or data for any reason, including but not limited to any virus transmitted by this Website or any Third Party Website or Third Party Content.
Everything on the Website is provided to you “as is” and “as available”, without representation, warranties or conditions of any kind other than those required by law.
Other than guarantees you are entitled to under Australian Consumer Law, we exclude all other liability to you or anyone else for loss or damage of any kind arising from the use of this Website and its Content.
You agree that Eyewall Foundation may terminate or suspend your access to and use of the Website without notice if Eyewall Foundation, in its sole discretion, believes you have violated or acted inconsistently with these Terms, or violated the rights of Eyewall Foundation.
We reserve the right to modify or discontinue the Website without notice at any time, and Eyewall Foundation will not be liable to you or any third party as a result of such modification or discontinuation.
You are responsible for maintaining the confidentiality of any account or password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur from your computer or other devices under your account and password.
You may not use our Website for any illegal or unauthorised purpose.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
If any provision of these Terms is determined to be illegal, invalid or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms constitute the entire agreement and understanding between you and us in relation to the Website, and replace and extinguish all prior agreements, arrangements, undertakings or contracts of any nature made by the parties, whether oral or written.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of Western Australia, Australia. Any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts in Western Australia.
We will only ask for the personal information that we need. All information collected is for the sole purpose and use of Eyewall Foundation.
Collection and use of personal information
We may collect the following personal information about you:
- Contact information including email address, physical address and phone numbers
- Donation details and payment information including credit card details
- Certain automatic information collected when you visit our platform (Cookies)
We may collect your personal information in the following ways:
- When you contact us in person, via telephone or email
- When you agree to sign up to receive our newsletter or other marketing communications or materials
- When you make a donation
- When you browse our Website
- From social media networks
We will only collect personal information by lawful and fair means. We may use third party service providers to collect, store and use personal information on our behalf.
We may use the information we collect about you to:
- Improve our products and services, including our Website
- Respond to your enquiries and requests
- Verify your identity
- Send service related communications and administrative messages such as donation receipts
- Send you marketing communications (including emails) relating to us and other third party partners that we think may be of interest to you and where you have opted in to this communication preference
We may also use personal information for other purposes which are related to those listed above and which will be made clear to you at the time of collection or for such other purposes permitted by law.
We take reasonable steps to prevent unauthorised access or disclosure of your personal information, and have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
We will do everything reasonably within our power and control to prevent unauthorised use or disclosure of your personal information. However, we will not be held responsible for events arising from any unauthorised use or access to your personal information.
Linking to Third Party Websites
From time to time, we may send emails containing marketing materials or communications about our related entities or third parties. By your use of the Website, you consent to us doing so. You may unsubscribe from email marketing communications at any time by contacting us using the contact information on this Website or clicking the ‘unsubscribe’ link in any marketing emails.
Disclosure of personal information
We may disclose your personal information to third parties but only on a needs basis. These third parties may include:
- our agents, consultants or contractors;
- marketing providers and promotional agencies;
- our related entities;
- our professional advisers;
- credit reporting agencies;
- transport or mail houses.
We may use third party service providers to collect, store and use personal information on our behalf. For example we may disclose personal information to a service provider who may use the personal information for direct marketing services on our behalf.
We will not sell, distribute or lease your personal information to third parties without your consent or unless we are required to do so by law.
Some third parties may be located in overseas countries where Australian law does not apply.
We may engage third parties to analyse the information collected by cookies or perform statistics about usage of the Site. Sometimes, cookies may collect and store your Personal Information. We treat such information in the same manner as other Personal Information that you provide to us.
You can deactivate the cookies by resetting your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Site and our services may not function properly if you disable the cookies.
Further Privacy Information
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Government, Office of the Australian Information Commissioner website. http://www.privacy.gov.au