Terms & conditions
Terms and conditions of use
ACTAsia is a registered Charity in the UK (number: 1127625) and Australia, and a 501(c)3 nonprofit organisation in the US.
PO Box 1264
PO Box 1049
United States of America
PO Box 486
Lake Cathie NSW 2445
This website is owned, operated and maintained by ACTAsia (‘ACTAsia’, ‘our’, ‘we’ or ‘us’).
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2 Intellectual property and copyright
2.1 Copyright (c) 2018.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2.3 Only for non-commercial personal or educational use, you may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website
2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
2.5 The status of ACTAsia (and that of any identified contributors) as the authors of any Content must always be acknowledged
2.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
2.7 For the avoidance of doubt, ACTAsia’s logo and name are the property of ACTAsia and/or its related bodies corporate and may not be used as part of your business or in connection with any goods and services without the prior written consent of ACTAsia.
You are welcome to link to this Site, provided that in doing so you do not breach these Terms and Conditions, use any trade marks without permission, or link to this Site from a Site or in a manner which disparages the reputation of ACTAsia.
3 Acceptable use
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading
4 Limited warranties
We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
5.1 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
5.2 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
6 Limitations and exclusions of liability
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7 Breaches of these terms and conditions
7.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
7.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].
8.1 We may revise these terms and conditions from time to time.
8.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
9.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
9.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
10 Third party rights
10.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
10.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
11 Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales. We retain the right to bring proceedings against you for breach of these terms and conditions on any relevant country.
12 Refund policy
Thank you for choosing to donate to ACTAsia. As a non-profit organisation, ACTAsia relies on donations to fund our work.
If you have made an error regarding the amount of your donation, or accidentally made a duplicate donation, please contact us within 60 days of the date of the donation. All request for refunds can be sent to one of the following addresses, depending on your location:
PO Box 1264
PO Box 1049
United States of America
PO Box 486
Lake Cathie NSW 2445
Or email to:
firstname.lastname@example.org for queries in the UK, Europe, or US
email@example.com for queries in Australia
ACTAsia will consider all refund requests on a case-by-case basis. Due to the nature of donations, each decision for a refund will be given at the discretion of management. We will endeavour to ensure that genuine errors are rectified.
Unfortunately, ACTAsia does not give refunds if you change your mind. For this reason, please make your decision to donate to ACTAsia carefully.
Should a request for a refund be approved, any receipt reflecting this payment will become invalid.
A refund will normally be issued in the following instances:
- An error has been made by ACTAsia
- A donor’s bank details have been fraudulently obtained and used
- ACTAsia has received a donor’s details in error
- A donor has previously requested that regular debits be cancelled*; however, the debits have continued. The refund will be to the maximum of the last debit amount unless a donor can provide proof of the original cancellation request and date
- ACTAsia may refund on the grounds of financial hardship; however, this will be to the maximum amount of the last debit amount and at the discretion of ACTAsia management
*Please note that ACTAsia requires 14 days’ notice to cancel a debit agreement.
In all instances, ACTAsia will not refund past the previous tax year.
If the refund request is agreed, the donor will be refunded within five working days of the decision using the original method of payment.
If a donor wishes to dispute the refund decision, a further request can be escalated to the Chief Executive Office of ACTAsia by letter of email as per the details provided above.
Please note that ACTAsia may request additional information or documentation from you in consideration of any disputed item.
If you have any concerns about material which appears the website, please contact us at: firstname.lastname@example.org