iDonate

Effective 3^rd of August 2006.

Introduction

The IDonate.com Web site ("Site") and service ("Service") is operated under licence by Empowered Communications Pty Ltd A.C.N. 096 918 080 (referred to hereafter as "iDonate").
Acceptance of Terms

Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").

BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. If you do not agree to our TOS, which includes by incorporation our Privacy Policy, you must immediately terminate your account by following the instructions provided on the Site.

This Site is provided for the personal enjoyment of Members subject to these TOS and all modifications thereto, and any other rules or guidelines, including any game or sweepstakes rules that may be published from time to time by iDonate on this Site. iDonate reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms of Service periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms of Service is noted above. Your use of the Site following any modifications to these Terms of Service shall be deemed to be your assent to any such modifications.
Description of Service

iDonate is operated as a benevolent loyalty program. Members of the iDonate loyalty program are awarded iDonate Credits for reading email, completing online surveys and participating in other online activities.

At the start of each calendar month, Empowered Communications will make donations to the participating charities calculated according to the aggregate distribution policy of the member database and the number of iDonate Credits issued to active members for the proceeding calendar month.
Conditions of Membership

iDonate Members must agree to accept email promotions from IDonate.

iDonate reserves the right to send you email messages from time to time for which iDonate Credits may not be awarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail. iDonate is under no obligation to provide you with any particular number of opportunities to be awarded IDonate Credits or to send messages to you.

As a condition of your membership you represent and warrant that:
1. You are at least 16 years of age;
2. You are a permanent resident of Australia;
3. All information supplied by you is complete, true and accurate.
4. You understand that all donations to the participating charities are made by Empowered Communications according to the distribution policy of the member and the iDonate Credits awarded to the member. Members do not earn money or make donations directly as a result of the participation in this program. Therefore members are not eligible for a tax deduction as a result of their participation in this program.
5. You understand and agree that if your account is terminated for your breach of this agreement, any accrued iDonate Credits will be forfeited and you will lose the right to participate in the program. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of iDonate.
6. You agree that no interest shall accrue and that iDonate Credits have no monetary value to the member. iDonate uses a double opt-in system that requires you to respond to a registration email before your account is activated. If you do not activate your account and complete the lifestyle survey you will not be awarded with iDonate Credits. In the event that you participate in a transaction with a reward partner that would make you eligible to be awarded iDonate Credits, iDonate will make reasonable efforts to have the iDonate Credits awarded. You acknowledge that in order for us to award iDonate Credits that your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause iDonate Credits to not be awarded to your account.
7. You understand and agree that iDonate will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being awarded iDonate Credits, rewards or prizes.
8. You must not maintain more than one account on the Site and understand that a limit of 3 memberships applies to one postal address.
9. You will not send unsolicited email (SPAM) to strangers to promote the iDonate Service.
10. You will not use the Service to send unsolicited or commercial messages. This means that you must only send personal messages and have the consent of the recipient before sending any message or eGreeting from the Site.
11. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify iDonate.
12. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting iDonate Credits or with any other activity on the Site.
iDonate may reject any new member application from any person with or without cause at its sole discretion. iDonate reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TOS.
Third Party Promotions

As a part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by iDonate or its affiliates, directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that iDonate will not be held responsible or liable for any part of any such dealings or promotions.
Linked Sites

iDonate may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by iDonate in any way. iDonate is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply iDonate's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall iDonate be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. iDonate reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
Privacy Policy

The information collected and used by this Site is governed by the iDonate Privacy Policy.
Disclaimer of Warranties

To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, iDonate excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, iDonate's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
Limitation of Liability

To the extent permitted by law, iDonate, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IDONATE has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the use of, or reliance on any information published on the site;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
iDonate shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.
Indemnification

You indemnify iDonate, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.
Termination

You may terminate your membership with iDonate at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your iDonate Credits and you will not be eligible to participate in the program from the date of termination.

If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to be awarded iDonate Credits until we have re-validated your email address. Other than a notification on the Site IDONATE will not be responsible for notifying you that your account has been suspended.

iDonate reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:
- Your account has been suspended for more than 30 days
- Failing to log in to the site for a period of more than 6 months
- Your breach of this TOS
- Any conduct by you that we believe is detrimental to the business interests or reputation of iDonate
- Any action taken by you that harms or potentially harms iDonate or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.
If iDonate terminates your membership you will forfeit your iDonate Credits and you will not be eligible to participate in the program from the date of termination. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.
Intellectual Property

iDonate and IDONATE.com.au are trademarks of EMPOWERED TECHNOLOGIES PTY LTD A.C.N. 096 918 106. All contents of the service are Copyright © 2006 EMPOWERED TECHNOLOGIES PTY LTD A.C.N. 096 918 106. The Service is operated under licence by Empowered Communications Pty Ltd A.C.N. 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by iDonate, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Applicable Law

These terms of service are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.