Terms of Use

This website located at http://fivepercentfoundation.org/ is operated by the Five Percent Foundation Ltd (ABN 79 449 837 519).  

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Your access to, and use of this Website is subject to these Terms, as updated by us from time to time.  You should carefully read and understand the Important Information and Privacy Policy, as these documents are incorporated to these Terms by reference.

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By accessing, viewing or otherwise using this Website (including any Content), You accept and agree to be bound by these Terms.

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1. Definitions

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In these Terms, unless the context requires otherwise:

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5% Pledge means a non-binding commitment by a Member to donate at least 5% of their income.

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Consumer has the meaning given in section 3 of the Australian Consumer Law.

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Content means any information,material and content (including all text, graphics, logos, audio and software)made available on this Website.

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Data means all data, information, content or communications transmitted, uploaded or inputted to this Website by You or on Your behalf or otherwise as a result of Your use of this Website.

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Ethical Investment Fund means our investment account in Australian Ethical’s Balanced Fund.

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Five Percent Foundation means the Five Percent Foundation Ltd ABN 79 449 837 519.

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Loss means any loss, liability, cost,claim, expense, damage, charge, penalty, outgoing or payment however arising,whether present, unascertained, immediate, future or contingent and whether direct or consequential.

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Member means any person who makes a donation to the Five Percent Foundation Ltd.

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Non PDH Goods or Services means goods or serviceswhich, for the purposes of the Australian Consumer Law, are not of a kindordinarily acquired for personal, domestic or household use or consumption.

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Privacy Policy means Our privacy policy hosted on our website as amended from time to time.

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Terms means the terms and conditions found on this page, our Important Information, and our Privacy Policy, in each case as amended or replaced Us from time to time.

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Unacceptable Content means:

• content which, in our reasonably held opinion, is obscene,offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
• content which is incorrect, false, misleading or defamatory;or
• files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.

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We, Us or Our means the Five Percent Foundation Ltd ABN 79 449 837 519.

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Website means http://fivepercentfoundation.org/ and all subdomains and pages connected with this domain name.

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You or Your means the person who wishes to access and use this Website.

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2. Access

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We agree to You accessing this Website and accessing or downloading Content from this Website in accordance with these Terms.  You may use this Website solely for Your own lawful, personal and non-commercial purposes. You agree to comply with all rules, laws and regulations relating to Your use of this Website.

3. Your representations and warranties

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You represent and warrant that to Us that:

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• all information supplied by You to us on or through thisWebsite is true, accurate, current and complete (and not misleading ordeceptive whether by inclusion or omission);
• You are at least 18 years of age; and
• You have the legal authority and capacity to accept these Terms and to use this Website in accordance with the Terms. If You are accessing this Website as, or for, a corporate entity or as agent, You warrant that You have the authority to bind that entity or person to the Terms. If You are accessing this Website in your capacity as trustee of a corporate entity or person, You warrant that you have the capacity to enter into the Terms on behalf of the relevant trust.

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4. Content not financial advice

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Any Content created by us and/or made available on this Website, including (without limitation) any statements, representations and information, whether published on this Website or transmitted through any other means:

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• does not in any way constitute financial advice;
• is not intended to be a substitute for professional financial advice and should not be relied upon as such; and
• is general in nature and does not take into account Your particular circumstances.

The Content should not be relied upon as a basis of any decision You make.  You should undertake your own enquiries and seek independent professional advice before making any decisions regarding the Content.

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5. The Charities that Five Percent Foundation supports

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• The Five Percent Foundation periodically makes donations to the charities listed on this Website.  However,unless otherwise stated, We have no partnership, affiliation, relationship of any kind, or agreement in place with any of the charities referred to on this Website.
• We are not liable for any of the acts or omissions of any of the charities listed on this Website.
• While we endeavour to select what we consider to be the most effective charities through our own research and through the information available to us from time to time, We make no representations about the acts, omissions,effectiveness, quality, or impact of any of the charities listed on this Website.  
• Where We make statements or comments about the acts,omissions, effectiveness, quality or impact of the charities listed on this Website, We do so in good faith based on the information available to us, but we cannot guarantee the accuracy of those statements or comments.

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6. Donations to the Five Percent Foundation by Members

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• Any donation made by a Member to the Five Percent Foundation is a permanent charitable gift, and is not an investment.
• Members are responsible for ensuring that their donations are made in the intended amounts.  We will only be required to provide refunds of donations if required to do so by law,or if there has been a technical error caused by this Website.  In all other circumstances, We may, on a case-by-case basis, and in our absolute discretion, agree to provide refunds of donations. If You become aware of any payment error, please email us at info@fivepercentfoundation.org as soon as possible.
• The 5% Pledge is not legally binding, and does not create any legal obligation for Members to donate to the Five Percent Foundation or to any charity listed on this Website.
• Donations of AUD$2.00 or more to the Five Percent Foundation are tax-deductible in Australia, subject to any change in Australian taxation laws from time to time.

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7. Investments of the Five Percent Foundation

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• A donation to the Five Percent Foundation is a permanent charitable donation that will not produce any financial return for Members or any other third party.
• We make no guarantee or representation about the future financial returns of our Ethical Investment Fund.  While We endeavour to make sure the investments are diverse and secure, there is a risk that the investments will decline in value, particularly in the short term.
• As We make no guarantees or representations about the performance of our Ethical Investment Fund, We are not liable for any decline in the value of our investments.

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8. Distribution of investment proceeds to charities

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• We exclusively distribute money to the charities listed on this page of this Website, as amended from time to time.
• We reserve the right to change the list of charities we donate to at any time and without notice.
• We distribute 100% of the profits of our Ethical Investment Fund made over the previous six month period, minus inflation for that period as determined by the Reserve Bank of Australia.
• Profit means the increase in the value of the investments of the fund, not including capital increases (the amounts donated by Members into the fund).
• To avoid doubt, We endeavour to distribute investment proceeds to charities roughly every 6 months, after 31 December and 30 June each year.
• We provide a mechanism for Members to provide their preferences as to which of the charities listed on this Website they would like the profits on their 5% contributions to go to. However, while we will consider these wishes, the final distributions will be determined in Our absolute discretion.

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9. Accuracy of Content

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Whilst We will endeavour to keep this Website up to date and accurate, we cannot and do not guarantee that the information on this Website will be up to date or accurate at all times. You should conduct Your own investigations and satisfy Yourself as to whether information on this Website is accurate and up to date.  

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10. Intellectual property

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Unless otherwise indicated, all intellectual property (including copyright, designs, patents, trade marks and other intellectual property rights whether registered or not) used on this Website or the Content are owned, or used under licence, by Us. Nothing contained on this Website should be construed as granting any licence or right to use or reproduce any intellectual property right. The Content is protected by copyright laws and, unless otherwise stated, is owned, or used under licence, by Us.  You may view the Content for the purposes of accessing this Website in accordance with these Terms, however, you may not otherwise use, reproduce or exploit the Content,any intellectual property in the Content or any other intellectual property accessible on or via this Website without obtaining our prior written consent.

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11. Compliance with directions

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You agree to comply with all directions or instructions We notify you of from time to time regarding your access to and use of this Website and any Content (including any notice provided via this Website).

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12. Content

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You agree not to do any of the following (unless expressly permitted under these Terms or if You have obtained our prior written consent):

• copy, reproduce, replicate,post or redistribute the Content or any portion thereof;
• modify, copy, distribute,transmit, reproduce, publish, license, create derivative works from, transfer,sell or re-sell any Content obtained or derived from or through this Website;
• use this Website or the Content for any commercial purpose; or
• access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

You agree not to post, upload to, email, transmit, distribute, store,create or otherwise publish through this Website any Unacceptable Content.

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13. Suspension and termination

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We may at any time in Our sole discretion and without notice to You:

• temporarily suspend Your access to this Website and / or Content; or
• permanently disable Your access to this Website and / or Content;
• permanently cease operating this Website.

You agree that You cannot make any claim against Us for any Loss suffered by You as a result of any action taken by us pursuant to this clause 13.

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14. Variation

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We may, at our sole discretion, vary or modify these Terms by posting our updated terms on this Website. Any subsequent access to, or use of, this Website by You will constitute an acceptance of those varied Terms. You acknowledge and agree that We may vary the provisions of these Terms or the features of functionality of this Website from time to time without any requirement to provide prior notice to You.  

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15. Links

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This Website may contain links to other websites.  These links are provided for convenience only and may not remain current or be maintained. We accept no responsibility whatsoever in relation to any linked websites. We are not responsible for the content or privacy practices associated with linked websites.

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16. Errors and defects

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We do not guarantee that this Website will be free from errors or viruses or that this Website will function as intended or that Your access to this Website will be uninterrupted. You must take Your own precautions to ensure that accessing this Website does not expose You to the risk of viruses, malicious computer code or other forms of interference or damage to our computer system which arises in connection with Your use of this Website.

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17. Security

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We take steps to ensure the security of this Website,including by implementing and maintaining data protection procedures and technologies.  However data transmissions over the internet cannot be guaranteed to be totally secure.  Whilst we strive to protect information You transmit to us or which We store, We do not warrant and cannot ensure the security of such information.  

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18. Liability

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Nothing in these Terms should be interpreted as attempting to exclude,restrict or modify Your rights to make a claim in respect of any consumer guarantees or other applicable provisions of the Australian Consumer Law.  If You are a ‘Consumer’ for the purposes of the Australian Consumer Law and the goods and services which we provide You in respect of Your access to and use of this Website are Non PDH Goods and Services, then our liability to You in relation to any claim relating to Youraccess and use of this Website and the Content is limited, at our option to:

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• the supplying of the relevant services again; or
• the payment of the cost of having the relevant services supplied again.

If You do not access this Website and the Content as a ‘Consumer’, then to the extent permitted by law, We exclude all liability for any Loss incurred by You, caused (including by Our negligence),suffered by You in connection with Your access and use of this Website and the Content. This clause applies even if We knew or ought to have known that the relevant Loss would be suffered.  

Subject to the above, and to the maximum extent permitted by law, We:

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• do not make any representations, warranties or endorsements (express or implied) with regard to the accuracy, completeness,legality, suitability or reliability of the Information contained on this Website and in the Content; and
• will not be liable in any way (including but not limited to liability for negligence) for any Loss that You or others may suffer(either directly or indirectly) arising out of or in connection with Your use or access of this Website or the Content, or any omissions from the Content.

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19. Overseas access

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This Website may be accessed throughout Australia and overseas.  We make no representations that the Content or this Website complies with the laws of any country outside Australia. If You access this Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the site.

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20. General

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• You acknowledge and agree that information collected by Us from You through this Website may be used or disclosed by Us in accordance with our Privacy Policy.
• You may not assign or otherwise deal with Your rights or obligations under these Terms.
• If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
• All terms implied by law, except those that cannot be lawfully excluded, are excluded.
• No provision of these Terms will be construed to the disadvantage of us merely because we were responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
• You must ensure that Your use of this Website complies with all applicable laws and regulations.
• These Terms are governed and are to be construed in accordance with the laws of Victoria, Australia.  You submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.