Website Terms & Conditions

Website Terms

By using our Website, you confirm that you accept these terms of use (Terms and Conditions) and that you agree to comply with them.

If you do not agree, you must not use our Website.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms and Conditions refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy. See further under “How we may use your personal information.”
• Our Cookie Policy, which sets out information about the cookies on our site.
• Our Lottery Terms and Conditions, which sets out information about the entry into a lottery on our site.
• Our Lottery Terms and Conditions are available on the separately linked pages relating to the individual products.
• Our Payment Terms (www.eway.com.au), which sets out the applicable terms of the any payment that you may make to us on this Website.

Any terms and conditions implied or required by law, unless lawfully negatived by these Terms and Conditions (to the extent permitted by law).

The Terms and Conditions are not, and are in no way intended to be, advertising, promoting or inducing gambling.

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these Terms and Conditions from time to time.

Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our Website from time to time to reflect changes to our operations, our users’ needs and our commercial or charitable priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.

You are responsible to ensure that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU MAY USE OUR WEBSITE ON AN ACCEPTABLE USE BASIS

You agree to use the Website as permitted by these Terms and Conditions and for lawful purposes only.

In particular, you agree not to:

• use the Website to receive, access or transmit material that is obscene, sexually explicit, defamatory, threatening, degrading, racist, in breach of confidence or in breach of third party intellectual property rights (including copyright) or otherwise objectionable or unlawful;
• impersonate any person, or entity or misrepresent your affiliation with any person or entity;
• access or attempt to access parts of the Website that you are not authorised to access;
• interfere with the use of the Website by other users;
• use the Website to gain unauthorised access to other computer systems or interfere with services to other host providers, networks or websites;
• use the Website to knowingly or recklessly transmit material (including viruses) or otherwise use the Website so as to cause harm to the Website, the Endeavour Foundation or other users or which is likely to bring the Website or the Endeavour Foundation into disrepute; or
• intentionally violate any other applicable law or regulation while using the Website.

In respect of any contribution that you may make or post to the Website, You further agree that:

• any contribution that you make must:
  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with the law applicable in Queensland, Australia and in any country from which it is posted.
• any contribution that you make must not:
  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • promote sexually explicit material;
  • include child sexual abuse material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • promote any illegal activity;
  • be in contempt of court;
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
    impersonate any person, or misrepresent your identity or affiliation with any person;
  • give the impression that the contribution emanates from the Endeavour Foundation, if this is not the case;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  • contain any advertising or promote any services or web links to other sites.

OUR WEBSITE HAS BEEN PREPARED FOR USERS IN AUSTRALIA

Our Website is directed at people residing in Australia. As we are established as a charitable foundation in Australia, We do not represent that content available on or through our Website is appropriate for use or available in other locations.

There may be laws applicable in your location which prohibit you from entering into a Transaction with the Endeavour Foundation. By way of example, some jurisdictions have laws which:

• may entirely prohibit you from entering into Transactions with the Endeavour Foundation,
• may prescribe minimum age requirements for making Purchases from us, and
• may operate in other ways to prohibit or restrict you from making Purchases from us.

If you are located in or are a resident, domiciliary or national of any jurisdiction where you are subject to any such law, you must not enter into a Transaction with the Endeavour Foundation.

YOU MAY BE REQUIRED TO PROVIDE PURCHASE INFORMATION

When you enter into a Transaction on this Website, you will be required to provide certain contact details and payment information to the Endeavour Foundation.

You must ensure that any Personal Information you provide to the Endeavour Foundation on this Website:

• is true, accurate and complete;
• is not false or misleading;
• does not infringe any other person's rights (for example intellectual property rights) or privacy;
• is not contrary to any applicable law or industry code of practice;
• is not defamatory, threatening or harassing;
• is not obscene or pornographic; and
• does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Registering as a "Returning Purchaser" on this Website, you agree that we may store your Personal Information to be retrieved for future transactions. It is your ongoing responsibility to inform us of any changes in that Personal Information.

When you enter into a Transaction with Us, you authorise Us to make such enquiries as we consider necessary to verify the Personal Information provided by you.

All payments for Transactions processed through this Website are processed via the Payment System in order to maintain the security of your payment information. This means that your financial information (including credit card details) does not form part of the information held or controlled by Us.

For any concerns related to privacy, please contact us by calling (07) 3908 7100 or emailing [email protected].

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are solely responsible for any use of your account utilising your account details.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

WE WILL USE 128 BIT SSL SECURITY

We will use industry standard 128 bit SSL (Secure Socket Layers) to encrypt data transferred between your browser and our server. Regarded as bank level encryption, 128 bit encryption is supported by standard web browsers such as Chrome, Internet Explorer, Mozilla Firefox and Apple Safari.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. All information, products and other content included in or accessible from our Website (and the linked sites) are provided on an "as is" and "as available" basis and are subject to change any time without notice.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites, the information you may obtain from them, the relevant party or its products or information.

We have no control over the contents of those sites or resources. We cannot accept any responsibility for any communications or transactions between you and the relevant third party.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

While care has been taken in preparing the content of the material and any other information provided on this Website, We do not make any representation regarding the accuracy, currency or reliability of the content of this Website unless otherwise indicated.

Subject to the above paragraphs, we disclaim and exclude all other representations and warranties (whether express or implied or arising under statute) as to all information, products and content included in and accessible from this Website or the linked sites. In particular, We will not be liable for any loss or damage whatsoever (including any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or cost of procurement of substitute goods and services arising out of (or related to) any reliance by you on information provided on this Website, or use (or inability to use) or failures of this Website, products or linked sites, and even where you had advised Us of the possibility of such damage.

YOU ARE RESPONSIBLE FOR YOUR USE OF THE WEBSITE

You are responsible for all aspects of your use of the Website.

You agree to indemnity Us, our affiliates, subsidiaries, officers, directors, employees, agents, information providers, partners, advertisers, suppliers and representatives against all liability, costs and expenses, including reasonable legal fees, arising out of or in connection with:

• your use of this Website;
• the performance, non-performance, or negligent act or omission of your obligations as described in these Terms and Conditions;
• the placement or transmission of any information or other materials on this Website by you, or any other user of this Website using your user name or password;
• the infringement by you, or any other user of this Website using your user name and password, of any intellectual property or other right of any person or entity.

You acknowledge that the terms of this indemnity are reasonable having regard to:

• we are a not-for-profit charitable organisation;
• certain functions of the website rely upon third party services that are not directly controlled by us;
• the use and function of our Website (and all websites in general) is always subject to a risk of intervention and harm by third parties (including malicious software) which are not controlled by us;
• the Transactions and any products that are entered into or purchased are subject to their own terms and conditions; and
• we rely on the Personal Information (including your account details) provided by you, and your protection of it, in order to process efficiently a Transaction or the sale of a product to you.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Website or any files available for download from this Website will be secure or free from bugs or viruses. Files are downloaded by you and used by you at your own risk.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime Act 2001 (Cth). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page of this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards under You may use our website on an acceptable use basis.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected] or visit our Customer Support page. 

THE TRANSACTION WILL TAKE PLACE IN AUSTRALIA AND IN AUSTRALIAN DOLLARS

To avoid any doubt, registering for and using the Website represents your unequivocal election and acknowledgement of a transaction taking place in Queensland, Australia, regardless of the location from which the Website is accessed and to which delivery is made. For the purposes of any applicable law, contracts entered into by way of the Website will be taken to be entered into in Queensland.

All payments made in accordance with the Website are made in Australian Dollars (AUD).

WHAT LAWS APPLY TO ANY DISPUTES?

These Terms and Conditions, their subject matter and their formation, are governed by the laws of Queensland, Australia. You and We both agree that the courts of Queensland will have exclusive jurisdiction.

WHAT IF PART OF THESE TERMS AND CONDITIONS ARE INVALID?

If any part of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of that part will not affect the validity of the remaining provisions of the Terms and Conditions, which will remain in full force and effect.

OUR TRADE MARKS ARE REGISTERED

"Endeavour Foundation Lotteries", "Star Supporter", "ENDEAVOURPRIZEHOME" and "Ultimate Life Changer Lottery" are Australia registered trademarks of the Endeavour Foundation. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

DEFINED TERMS

The capitalised terms used in these Terms and Conditions will have the following meanings:
1.1 "Account" means the password protected user profile for each customer of a Transaction who consents to the storage of that information for future purchases;

1.2 "Payment System" means eWAY Payment System, by which payments from you to the Endeavour Foundation are placed in escrow, and whose terms and conditions can be found at www.eway.com.au;

1.3 "Personal Information" includes any information you provide the Endeavour Foundation at any time, including when participating in a lottery on the Website;

1.4 "Transactions" means any transactions entered into through this Website, including the purchase of any ticket(s) for a lottery product from the Endeavour Foundation.