1. About the Website

(a) Welcome to www.mpibs.org.au (the 'Website'). The Website provides users with the opportunity to make donations to the Motion Picture Industry Benevolent Society (the 'Services').

(b) The Website is operated by Motion Picture Industry Benevolent Society (ABN 84 784 760 559). Access to and use of the Website, or any of its associated Services, is provided by the Motion Picture Industry Benevolent Society. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services, immediately.

(c) Motion Picture Industry Benevolent Society reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Motion Picture Industry Benevolent Society updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Motion Picture Industry Benevolent Society in the user interface.

3. Donations

(a) The Website allows you to make a one-off donation or set up a recurring donation to the Motion Picture Industry Benevolent Society.

(b) The Motion Picture Industry Benevolent Society is endorsed as a Deductible Gift Recipient (DGR) by the Australian Taxation Office (ATO). Donations of $2 or more are tax-deductible for Australian taxpayers.

(c) All donations are processed in Australian Dollars (AUD).

(d) You may be required to register for an account through the Website to manage recurring donations (the 'Account'). As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your email address, mailing address, and telephone number. You warrant that any information you give will always be accurate, correct and up to date.

4. Recurring Donations

(a) By selecting a recurring donation option, you authorise the Motion Picture Industry Benevolent Society to automatically debit your nominated credit or debit card at the frequency and for the amount you have selected.

(b) You acknowledge that it is your responsibility to ensure sufficient funds are available in your nominated account for the donation to be processed on the scheduled date.

(c) Cancellation of Recurring Donations: You may cancel your recurring donation at any time. To cancel, please log in to your Account on the Website or contact us directly via the 'Contact Us' link on our homepage. To ensure your cancellation is processed before the next scheduled payment, please provide at least five (5) business days' notice.

(d) Changes to Recurring Donations: You can change the amount or frequency of your recurring donation by logging into your Account or by contacting us.

(e) Failed Payments: If a recurring payment is declined by your financial institution, we will not re-attempt the transaction and your recurring donation for that period will be missed. We may attempt to contact you to update your payment details.

5. Your Obligations

(a) As a user of this website, you agree to comply with the following: (i) you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices in the relevant jurisdictions; (ii) if you create an Account, you have the sole responsibility for protecting the confidentiality of your password and/or email address. You agree to immediately notify the Motion Picture Industry Benevolent Society of any unauthorised use of your password or email address or any breach of security of which you have become aware; (iii) you will not use the Services or Website for any illegal and/or unauthorised use.

6. Payment

(a) All payments made in the course of your use of the Services are made using Stripe, a third-party payment gateway. In using the Website or when making any donation, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

(b) You acknowledge and agree that where a request for payment is returned or denied by your financial institution, you are liable for any costs, including banking fees and charges, associated with the failed payment.

7. Refund Policy

(a) As a charitable organisation, donations made to the Motion Picture Industry Benevolent Society are considered non-refundable gifts.

(b) We will consider providing a refund of a donation only in exceptional circumstances, such as if the donation was made in error or there are other compelling reasons. A request for a refund must be made in writing within 14 days of the donation date, providing full details of the transaction. The decision to provide a refund will be at the absolute discretion of the Motion Picture Industry Benevolent Society.

8. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Motion Picture Industry Benevolent Society are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Motion Picture Industry Benevolent Society or its contributors.

(b) You may not, without the prior written permission of Motion Picture Industry Benevolent Society and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy and Data Security

(a) Motion Picture Industry Benevolent Society is committed to protecting your privacy and handling your personal information in an open and transparent way. We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).

(b) Collection of Personal Information: We collect personal information from you for the primary purpose of processing your donations and communicating with you about our work. This may include your name, email address, mailing address, telephone number, and donation history.

(c) Use and Disclosure: We use your information to process donations, issue tax receipts, manage your account, and keep you informed about our activities, appeals, and the impact of your support. We will not trade, rent or sell your personal information. We may disclose your information to third-party service providers (such as our payment gateway, Stripe, and mail houses) who assist us with our operations, but only to the extent necessary for them to provide their services to us.

(d) Data Security: We take reasonable steps to protect your personal information from misuse, interference, and loss, as well as unauthorised access, modification, or disclosure. We use secure servers and encryption for online transactions. When personal information is no longer needed, we take reasonable steps to destroy or de-identify it.

(e) Data Breaches: In the event of a data breach that is likely to result in serious harm, we will comply with the Notifiable Data Breaches (NDB) scheme by notifying the Office of the Australian Information Commissioner (OAIC) and affected individuals as required by law.

(f) Access and Correction: You have the right to access the personal information we hold about you and to request its correction. To do so, please contact us via the 'Contact Us' link on our homepage.

(g) Privacy Policy: For more detailed information, please refer to our full Privacy Policy, which is available on the Website.

10. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (ii) Motion Picture Industry Benevolent Society will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Motion Picture Industry Benevolent Society make any express or implied representation or warranty about the Services or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its related products (including third party material and advertisements on the Website); (iii) costs incurred as a result of you using the Website, the Services or any of the products of Motion Picture Industry Benevolent Society; and (iv) the Services or operation in respect to links which are provided for your convenience.

11. Limitation of Liability

(a) Motion Picture Industry Benevolent Society's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Motion Picture Industry Benevolent Society, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Account

(a) If you wish to terminate your Account, you may do so by providing written notice to the Motion Picture Industry Benevolent Society via the 'Contact Us' link on our homepage.

(b) Motion Picture Industry Benevolent Society may at any time, terminate your Account if you have breached any provision of the Terms; if required by law; or if the provision of Services is, in our opinion, no longer commercially viable.

13. Indemnity

(a) You agree to indemnify Motion Picture Industry Benevolent Society, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website, any breach by you of these Terms, or any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so.

14. Dispute Resolution

(a) If a dispute arises, either party must give written notice to the other party detailing the nature of the dispute. The parties must then endeavour in good faith to resolve the dispute by negotiation within 30 days. If the dispute is not resolved, the parties must agree upon selection of a mediator or request that an appropriate mediator be appointed by a recognised mediation body in Australia. The mediation will be held in Sydney, Australia.

15. Venue and Jurisdiction

(a) In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

16. Governing Law

(a) The Terms are governed by the laws of New South Wales, Australia.

17. Independent Legal Advice

(a) Both parties confirm that the provisions of the Terms are fair and reasonable and have had the opportunity to obtain independent legal advice.

18. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.