Terms of Use

The South Passage Foundation website (www.southpassagefoundation.org.au) (the Website) is owned and operated by South Passage Foundation Limited (ABN 68637280990) (the Foundation) – a company limited by guarantee and registered as a charity with the Australian Charities and Not-for-profits Commission.

Donations

Receiving Donations

The Foundation receives all website donations through eWAY. If a person using the Website (a User) would prefer to donate by direct Electronic Funds Transfer, the Foundation bank details can be found here [hyperlink].

Donations with eWAY

When a User donates to the Foundation using the eWAY payment gateway, eWAY uses the User’s payment details to clear the transaction to the Foundation’s bank account. The Foundation is responsible for maintaining the Website, which contains the eWAY gateway. However, the Foundation does not hold or store any User’s payment card or digital wallet details at any time.

  • The User’s payment details are held and stored by eWAY (Web Active Corporation Pty Ltd, ABN 32 086 209 403) in accordance with the eWAY Terms and Conditions. The eWAY Terms and Conditions state that payment card details are held and stored “in accordance with the requirements of the Privacy Act 1988, the Australian Privacy Principles and applicable industry standards, including but not limited to, the Payment Card Industry Data Security Standard (“PCI”) and Eway’s data retention policy [please ask eWAY for a link to this policy].”
  • See https://www.eway.com.au/advanced-cybersecurity/ for information about eWAY’s cybersecurity.

The User must decide whether the User is willing to entrust their payment details to eWAY. The User is also responsible for providing accurate payment details through the Website. The Foundation cannot and does not offer any guarantee of the privacy and safety of the User’s payment card or digital wallet details which the User provides to eWAY.

Tax Deductions for Donations

The Foundation is endorsed as a Deductible Gift Recipient by the Australian Tax Office. This means that if a User donates more than $2 to the Foundation, that donation will be deductible from the User’s taxable income. The Foundation will issue receipts to Users for these donations.

How Donations are Used

The Foundation is governed by its constitution and the laws of Australia. The Foundation is obliged to use its funds to carry out its charitable purpose only. Users who donate to the Foundation are not able to control the specific way in which their donations are used. However, the Foundation is legally obliged to use all donations to pursue the charitable purpose of supporting disadvantaged or at-risk people by:

  • providing opportunities to build resilience and purpose through adventure, participation and challenge using a traditional Tall Sailing Ship;
  • providing practical and academic training opportunities to enable acquisition of maritime competencies; and
  • assisting to develop leadership skills, character, talent and potential to facilitate employment and enhanced quality of life.

Donation Refunds

If a User makes an error when donating through eWAY or by Electronic Funds Transfer, resulting in a larger donation than intended, the User may request a refund within 10 days by writing to [email protected] explaining the nature of the error and attaching proof of payment and proof of identity. The Foundation is under no obligation to make any refund but will take reasonable steps to determine whether there has been a genuine error. If the Foundation decides in its sole and absolute discretion that there has been a genuine error, then the Foundation will arrange a refund of the donation using the most simple method possible.

Privacy

Collection and Use of Personal Information

The Foundation commits to processing the personal information of Users lawfully and in a reasonable manner which does not infringe the privacy of any User.

  • When a User interacts with the Foundation over the Website, the Foundation may collect, process and store personal information from the User including the User’s name, date of birth, email address, physical address, mobile phone number and landline number(s). In the case of a request for a refund, details of a payment previously made to the Foundation will be collected, processed and stored by the Foundation.
  • The Foundation will only use a User’s personal information for legitimate purposes related to furthering the charitable purpose of the Foundation. For example, the Foundation may use personal information to provide a tax receipt for any donation received, to provide regular news updates regarding the activities of the Foundation, to appeal for further donations, to make arrangements to use time or resources volunteered by a User or to take steps to include a User as a beneficiary of one of the Foundation’s programs.
  • The Foundation may use a User’s personal information to appeal for further donations. Direct funding appeals will include a simple method for Users to request not to receive direct funding appeals in the future.
  • The Foundation’s directors will be able to gain access to Users’ personal information at any time, to further the charitable purpose of the Foundation. Relevant employees, volunteers and contractors will have access to Users’ personal information on a need-to-know basis, to carry out administrative and maintenance tasks relevant to fulfilling the charitable purpose of the Foundation.

Any User who has questions about the Foundation’s privacy practices, or wants access to their own personal information, or has a complaint about the Foundation’s privacy practices, may address these to [email protected]

General Terms

Intellectual Property

The intellectual property rights in all software and content (including photographic images) made available to a User on the Foundation’s website, remain the property of the Foundation or its licensors.

Linked Sites

If a User uses a link on the Foundation’s website to navigate to another website (Linked Site), the User’s interactions on the Linked Site will be governed by the terms of use of the Linked Site. The Foundation will not be responsible for any loss or damage arising from the User’s use of a Linked Site.

Misuse of Site

If a User misuses the Foundation’s website by committing or encouraging a criminal offence, including but not limited to transmitting or distributing malicious material, hacking, infringing another person’s proprietary rights, circulating spam, or affecting the performance of computer facilities accessed through the website, the Foundation will report the conduct to the relevant law enforcement authorities and reveal the User’s identity to those authorities. The Foundation is not liable for any loss or damage suffered by a User as a result of harmful material infecting a User’s property while the User is using the Foundation’s website.

Terms of Use are Binding

By using this Website, the User consents to the collection, processing and storage of their personal information described above. The Foundation may amend these Website Terms of Use and Privacy Policy from time to time and the amendment will be effective when notice of the changes is published on the Foundation’s website. If any term in these Website Terms of Use and Privacy Policy is unenforceable, the User agrees that the invalid part must be severed, and the remaining part interpreted to preserve the original meaning as far as permitted by law.