Your use of this site and the information available on this site is subject to the following Terms and Conditions:
1.1 This site http://cupcakeday2018.wpengine.com (“Website”) is jointly owned and operated by RSPCA NSW, RSPCA QLD, RSPCA VIC, RSPCA WA, RSPCA SA, RSPCA TAS, RSPCA ACT, and RSPCA Darwin Branch (RSPCA Member Societies). Any right or benefit in these Terms and Conditions is in favour of each of the RSPCA Member Societies.
2.1 In these Terms and Conditions, the expressions “we”, “us”, and “our” are references to each of the Member Societies.
3. Use of Website from outside Australia
3.1 The information on this Website (“the Information”) and the Terms and Conditions have been prepared in accordance with Australian (Commonwealth) law. If you are residing in or accessing this Website from a country other than Australia (“the User Country”), the Information and the Terms and Conditions may not satisfy the laws of the User Country. Should the Information and the Terms and Conditions satisfy the laws of the User Country, then you are entitled to use the Website. In the event that the Information or the Terms and Conditions do not satisfy the laws of the User Country, this Website is not intended for your use, and you are not entitled to rely on the Information. If you do so, you agree to indemnify us for any loss or damage which may be incurred as a consequence.
3.2 We will not accept orders for products or competition entries from people residing in or accessing this Website from a country other than Australia.
4. Acceptance of Terms and Conditions
4.1 Your access to and use of the Website is conditional upon your acceptance of and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”). Your use of and/or continued access to the Website constitutes your agreement to the Terms and Conditions.
4.2 We may amend the Terms and Conditions at any time by posting the amended Terms and Conditions on the Website. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. The Terms and Conditions may not be amended other than in accordance with this clause. You should visit this page periodically to review the Terms and Conditions. If you violate any of the Terms and Conditions, your right to use and access the Website automatically terminates.
5. Restrictions on Use
5.1 The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website, including the Material defined in Clause 7 [Copyright] below, hours of availability and equipment required for access. You may download a single copy of the Material, keep a temporary copy in your computer’s cache and, where necessary for reference purposes, make a single hard copy of the Material. You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the Material contained on this Website unless expressly authorised on the Website, in writing by us or by law. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website which contains a virus or other harmful component.
6.1 All names, logos and trademarks are either our property or the property of third parties who have contributed to the Website. Nothing on the Website should be interpreted or construed as granting any licence or right to use or distribute any name, logo or trademark without our express written agreement or that of the relevant third party contributor.
7.1 The content of this Website, including all information such as text, graphics, images and other material (“Material”), is protected by Australian and international copyright law. You may download a single copy of the Material, keep a temporary copy in your computer’s cache and, where necessary for reference purposes, make a single hard copy of the Material. You may only make such other use of the Material as is expressly authorised on the Website, in writing by us or by law.
8. No Representations
8.1 We make no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
9. No Warranties
9.1 The Website and Material are provided on an “as is” basis without any warranties of any kind on our part. We disclaim all warranties to the fullest extent permitted by law.
9.2 The Australian Consumer Law contains consumer guarantees in respect of the supply of certain goods and services and prevents the exclusion, restriction and modification of such guarantees (“Prescribed Guarantees”). Except as provided by the Prescribed Guarantees, all warranties, guarantees and/or conditions express or implied by law in any way relating to access to, or non-access to, the Website or the use of or reliance upon the Website or the Material are excluded.
9.3 In addition, we do not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that the Website or its servers will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
10. Limitation of Liability
10.1 Except as provided by the Prescribed Guarantees, neither we, our officers, agents, contractors, volunteers and employees; nor our suppliers; nor any third parties mentioned on the Website, shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages) resulting from the use or access to or inability to use and access the Website and the Material.
11. Specific Warnings
11.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system.
12.1 Certain taxes and government charges may be payable in relation to your use of our Website or transactions on or in any way connected with the Website. We will not indemnify you for any such taxes and other government charges. Should any charge be made by us for the supply of goods or services on the Website, such charges are inclusive of any goods and services tax (“GST”) imposed under Australian law.
13. Internet Service Providers
13.1 If you are an internet service and/or access provider, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the Terms and Conditions.
14. RSPCA Cupcake Day
14.1 Any agreement to purchase products from an individual(s) (“Cupcake Day Host” or “Cupcake Cook”) to raise funds for the RSPCA in association with RSPCA Cupcake Day is an agreement between you and the Cupcake Day Host or Cupcake Cook.
14.2 We are not a party to any transaction between you and a Cupcake Day Host or Cupcake Cook and we exercise no control over the quality, safety or legality of the products.
14.3 Any purchases from, or dealings with, a Cupcake Day Host or Cupcake Cook are at your own risk.
14.4 Clauses 14.1, 14.2 and 14.3 also apply to agreements, transactions, purchases and dealings between Cupcake Day Hosts and Cupcake Cooks.
14.5 Any issues arising from the selling of cupcakes including and not limited to poorly prepared foodstuffs, food poisoning, food storage and handling and customer satisfaction are beyond our control and we do not accept any liability.
14.6 Receipts will only be issued upon request and only directly to the donor. Cupcake Day Hosts will not be issued receipts for funds paid to the RSPCA on behalf of donors.
14.7 Please note receipts will not be issued for any expenses incurred in connection with RSPCA Cupcake Day.
14.8 Please note that we will not reimburse Cupcake Day Hosts or Cupcake Cooks for expenses incurred in connection with RSPCA Cupcake Day, nor are these expenses to be deducted from the funds raised for the RSPCA.
14.9 Cupcake Day Hosts & Cupcake Cooks must not fundraise or accept donations in connection with RSPCA Cupcake Day for any charity or organisation other than the RSPCA.
15.1 The Website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.
15.2 The inclusion of any link does not imply our endorsement of the Linked Site. You link to any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of any items advertised or sold or statements made on or through any Linked Sites.
15.3 The material on any Linked Site, including product information and prices, is the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. Any claims made on any Linked Site are not recommendations or endorsements by us.
15.4 Any purchases or dealings you have with a Linked Site are entered into at your own risk. We are not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Terms and Conditions of this Website. If there is any inconsistency, to the extent of the inconsistency, the Terms and Conditions of this Website prevail.
16. Disputes with Linked Sites
16.1 As we are not and cannot be involved in your interaction with Linked Sites, in the event that you have a dispute with one or more Linked Sites, to the extent permitted by law, you agree to release us (and our officers, agents, contractors, volunteers and employees) from liability for any claims, demands and damages (including, without limitation, actual and consequential damages) arising out of or in any way connected with such dispute.
17.1 The Terms and Conditions are effective until terminated by us. We may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access or use the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
19. Governing Law
19.1 The Terms and Conditions are governed by and construed in accordance with the laws of Australia (Commonwealth) and of your relevant State or Territory. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia and of your relevant State or Territory.
20.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
21. Tax Receipts
21.1 You indemnify us including our officers, agents, contractors, volunteers and employees (those Indemnified) regardless of any negligence on the part of any of the RSPCA Member Societies, against all losses, liabilities, legal costs and other expenses incurred by those Indemnified arising directly or indirectly as a result of or in connection with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by you in connection with the supply by an RSPCA Member Society to you of any product or service, or use by you of any such product or service.
22. Tax Receipts
22.1 If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect. All rights not expressly granted are reserved. The Terms and Conditions set out the entire understanding and agreement between each of the RSPCA Member Societies and you with respect to the subject matter.