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Terms & Conditions
Donor Terms and Conditions
Harding Miller Education Foundation uses donations to girls exhibiting academic potential who are experiencing social disadvantage. These terms and conditions form part of a Customer Registration Form (CRF) executed by the donor wishing to pay a donation to the Harding Miller Education Foundation ABN 51 607 194 641. By completing and executing the CRF, the Donor agrees to be bound by the terms and conditions set out below (the “Terms”).
1. Definitions (as used in this agreement)
account means the credit, debit or bank account nominated or used by the donor for payment
business merchant or merchant means the Harding Miller Education Foundation, to whom is payable or due.
in relation to a donor, means the described in that donor’s customers registration form, being the payable or due by that donor. For the purpose of this agreement, it also includes any other donations made to by donors and/or processed by the Foundation.
Harding Miller Education Foundation Program or Harding Miller Education Foundation or us means the program developed by Harding Miller Education Foundation ABN 51 607 194 641 for the processing of donations.
Customers Registration Form or (CRF) means an agreement between a donor and us whereby the donor agrees to participate in the Harding Miller Education Foundation Program.
2. Contract
2.1 These Terms apply to any donor from the date upon which Harding Miller Education Foundation accepts a Donor’s CRF.
2.2 These Terms do not operate to vary or affect in any way the meaning, operation and effect of any other contract to which the donor is a party. These Terms do not oblige the donor to use the Account to pay or any other amount.
3. Your Account
3.1 The donor is responsible for ensuring that the entity issuing the account will make donations authorised by the donor in the CRF. The donor is responsible for ensuring that they have authority to nominate the account used to process donations.
3.2 Harding Miller Education Foundation is not responsible or liable in any way for any failure by any entity issuing the Account to remit donations. The donor acknowledges that the entity issuing the Account may not permit the use of the account to pay . The Donor is liable for any and all expense, damage or loss incurred by Harding Miller Education Foundation in the event of the misuse or unauthorised use of the account by the donor and the donor must reimburse any such amounts to Harding Miller Education Foundation .
4. Payment Procedures
4.1 The donor or Harding Miller Education Foundation will be deemed to have authorised the Account to be debited or charged with the Convenience Fee described in the CRF when the donor requests the Harding Miller Education Foundation to initiate a payment; and/or the donor initiates payment via the Harding Miller Education Foundation website or a telephone payment system operated by Harding Miller Education Foundation.
4.2 Harding Miller Education Foundation will not be liable for any fraudulent use of the Account or any of the payment methods described in paragraph 4.1. The donor must notify Harding Miller Education Foundation immediately if the Account is lost or stolen by calling (02) 9556 7500 or such other number as Harding Miller Education Foundation designates [by notice to the Donor/by posting it on the Harding Miller Education Foundation website]. A notice given by the donor under this paragraph will be deemed to be a Change Notice cancelling all Authorisations to make donations using the Account five days after Harding Miller Education Foundation receives the notice.
4.3 Regardless of when the Harding Miller Education Foundation processes a payment in accordance with these Terms, the payment will not be regarded as completed unless and until the entity issuing the Account authorises and settles the payment according to the settlement arrangements relating to the payment. Harding Miller Education Foundation will not be obliged to process a payment authorised under paragraph 4.1 after 5.00 pm for credit card or 4:30pm for bank account or on a day trading banks are not open for business until the next day upon which trading banks are open for business.
4.4 The donor releases and indemnifies Harding Miller Education Foundation from and against any action claim, loss, proceeding, cost, liability or expense (a “Claim”) suffered or incurred by the donor in relation to, in connection with or as a direct or indirect result of any failure by the Donor to pay unless that failure occurs due to a breach by Harding Miller Education Foundation of these Terms.
4.5 As a separate, primary and severable liability, you indemnify and must keep Harding Miller Education Foundation indemnified from and against any Claim suffered or incurred by Harding Miller Education Foundation in relation to, in connection with or as a direct or indirect result of any payment or purported payment of pursuant to your CRF subsequently being rejected, invalidated or disputed. It is not necessary for Harding Miller Education Foundation to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make payment before enforcing a right of indemnity conferred by these terms and conditions.
4.6 In the event of a bank account payment that the donor initiated subsequently being rejected by the donor’s bank or another party, the donor will pay to the Harding Miller Education Foundation a fee (a “Failed Payment Fee”) of $15 (including GST). This Failed Payment Fee will be automatically deducted from the Donor’s nominated account four days after Harding Miller Education Foundation receives notification of the rejected payment. Should the Failed Payment Fee also become rejected, Harding Miller Education Foundation reserves the right to cancel all payment arrangements immediately. The Failed Payment Fee does not apply to rejected credit card donations.
4.7 Upon the donor requesting Harding Miller Education Foundation by means of a CRF other than the CRF available online to commence payment arrangements using the donor’s nominated bank account, Harding Miller Education Foundation may, in order to confirm the legitimacy of the bank account details provided and to cover set-up costs, process a payment (a “Bank Account Set Up” payment) of $1.51 (including GST) to be deducted from the donor’s nominated bank account. The Bank Account Set Up Fee does not apply to customers paying by credit card.
4.8 Upon Harding Miller Education Foundation ceasing payment arrangements under clause 5, Harding Miller Education Foundation may at its discretion apply a “Cancellation Fee” of $10 (including GST), in order to cover costs associated with ceasing donor payment arrangements.
4.9 Harding Miller Education Foundation will issue a tax invoice complying with legislation if requested to do so by the Donor
5. Cancellation or Stopping donations
5.1 The donor is responsible for advising Harding Miller Education Foundation if ceases to be payable and/or the donor wishes to withdraw any Authorisation given (or deemed to be given) according to paragraph 5.3 (an “Authorisation”).
5.2 The donor releases and indemnifies Harding Miller Education Foundation from and against any dispute or claim arising from any Authorised payment of that is not actually due and/or payable. The Convenience Fee and other fees charged directly by Harding Miller Education Foundation are not refundable.
5.3 The Authorisations will be deemed to continue unless and until the Donor notifies Harding Miller Education Foundation in writing that they are withdrawn (a “Cancellation Notice”). A Cancellation Notice sent to Harding Miller Education Foundation will not be effective until five days has elapsed from the date Harding Miller Education Foundation receives it. A Donor must execute a new CRF if the Donor wishes to renew the Authorisations.
5.4 Harding Miller Education Foundation will, from time to time, publish or make available online a form (a “Change Notice”) that donors can complete to vary any of the information or Authorisations provided by them in a CRF (the “customers Information”). A donor must complete a Change Notice whenever the donor wishes to change the donor’s Information. If the change notice is sent to Harding Miller Education Foundation, the information contained in a Change Notice will be deemed to have replaced the information in a CRF (as previously amended) five days after Harding Miller Education Foundation receives a Change Notice.
5.5 Harding Miller Education Foundation can terminate the payment arrangements contained in these Terms at any time by giving notice to the donor.
6. Privacy
6.1 Harding Miller Education Foundation will collect, use and store any of your personal information in accordance with Harding Miller Education Foundation ‘ privacy policy (as varied from time to time). Full particulars of this policy are provided with these Terms and can be request from the Harding Miller Education Foundation (info@hardingmillerfoundation.org.au). Harding Miller Education Foundation will use the information specified on the CRF for the purpose of identifying the Donor.
7. Variations and Amendments
7.1 Harding Miller Education Foundation may vary, delete or add (a “Change”) to these Terms (including the Convenience Fee and other fees) at any time. Any Change will be effective from the date Harding Miller Education Foundation posts the Change on the Harding Miller Education Foundation website. Harding Miller Education Foundation may not notify the Donor of any Change. If the donor wishes to vary any customers’ Information (including any Authorisations), the donor must execute and deliver a Change Notice in accordance with paragraph 5.4.
8. Miscellaneous
8.1 Any notice required to be given by Harding Miller Education Foundation or the donor can be given by the sender posting the relevant information to the SMS, email or postal address specified by the recipient on the CRF (as amended by any Change Notice). A notice given by Harding Miller Education Foundation under this paragraph will be effective on the day after it is posted.