1.1 The Yothu Yindi Foundation website at http://www.yyf.com.au (and as redirected from http://www.garma.com.au) is an activity of the Yothu Yindi Foundation (ABN 28 221 722 606) of GPO Box 3234, Darwin NT 0801 (“Yothu Yindi Foundation”).
1.2 In these Website Terms and Conditions (“Terms”), "we", "us" and "our" means the Yothu Yindi Foundation.
1.3 By accessing or using this website you agree to be bound by these Terms. Please read these Terms carefully before accessing or using the Site.
1.4 Your access to and use of the Site, including orders of products (including tickets to the Garma Festival), the making of donations, submission of applications to contribute to the Garma Festival, and any other transactions, is subject to these Terms.
1.5 We may revise these Terms from time to time. The revised Terms will take effect upon first online publication.
2.1 Capitalised Terms used are defined in these Terms. In these Terms:
(i) “Contact Hours” means Customer Service Operating hours, that is, between 11.00am – 4.00pm, Monday to Friday;
(ii) “GST” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and
(iii) “Product” means each good that is advertised on the Site, including artwork, apparel and tickets to the Garma Festival.
3.1 You agree to be bound by, and comply with, these Terms by:-
(i) submitting your order, request, application or question through the Site; and
(ii) using the Site to obtain Products from us.
3.2 You agree to comply with all relevant laws relating to your use of this website, your placement of any order through this website and any donations you provide through this website.
4 Legal Capacity
4.1 You must be eighteen (18) years of age or over to purchase Products from the website.
4.2 Any order and/or purchase made by you using this website is an acknowledgement by you that you:-
(i) are over the age of eighteen (18) years;
(ii) accept these Terms;
(iii) agree that you have entered into a legal contract with us in relation to these Terms; and
(iv) these Terms, together with your order, constitute the entire agreement between you and the Yothu Yindi Foundation for the supply of products.
We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor from the parent or guardian of a minor who causes such an order to be placed.
5 Placing an order for Products
5.1 As part of this website, we provide an online shopping facility that enables you to purchase Products.
5.2 You may order Products by selecting and submitting your order through this website in accordance with these Terms.
5.3 Any order placed through this website for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
5.4 You acknowledge that:-
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either parties' reasonable control including, but not limited to, electronic, mechanical, software, computer, or telecommunications failure, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, whether arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) we may treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5.5 Any representations made about stock availabilities are accurate to the last known stock level and are subject to change.
5.6 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through this website.
5.7 You agree to provide us with current, complete and accurate details when asked to do so by this website.
6 Acceptance or rejection of an order
6.1 We reserve the right to accept or reject the offer made by you for any reason, including where the requested Product is not available or if there is an error in the advertised price or the product description posted on this website or an error in your order.
6.2 Each order placed for Products through this website that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:-
(i) supply the Products in that order to you in accordance with these Terms; and
(ii) provide you with an email confirmation of that order.
6.3 If we reject an order placed through this website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
7 Payment methods
7.1 You will be required to pay for the Products online by credit card via our secure real-time merchant facility. The credit cards and payment methods that we accept from time to time will be described on this website. We may apply a surcharge from time to time for the use of certain credit cards, and where we do so this will also be described on this website.
7.2 If we are unable to successfully process your credit card for your order that is accepted by us, or we do not receive payment for your order that is accepted by us, then we may cancel your order.
7.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
7.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
8.1 You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the order or within a reasonable time after you submit your order.
9 Cancelling an order
9.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:-
(i) the Products in that order are not available;
(ii) there is an error in the price or the product description posted on this website for the Product in that order;
(iii) we suspect that you are acting fraudulently (such as using a credit card without proper authorisation); or
(iv) we reasonably believe your order has been placed in breach of these Terms.
9.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and your money will be refunded to you via the original method of payment.
9.3 Unforseen supply problems or unexpected demand may occasionally result in Products being unavailable. If there is a delay in shipping your order we will contact you as soon as possible to advise you of the reason for the delay.
10 Delivery, title and risk
10.1 In most cases, your order will be delivered by Australia Post, so please allow 3-5 business days for delivery.
10.2 If you are not present when delivery is attempted, the driver will either leave your order in a safe place or a calling card will be left telling you how you can collect your YYF order.
10.3 Title to and risk in the Products will pass to you upon delivery of the Products to this place of delivery.
11 Fees and charges
11.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”), and any other fees and charges set out in these Terms.
11.2 We will state whether that purchase price includes Australian GST, postage and handling and insurance charges. Where these are not included in the purchase price, then you also agree to pay these other amounts. If the goods are being delivered outside of Australia then Australian GST will generally not apply, however, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges imposed by any applicable government agency.
11.3 Prices for Products may change from time to time and we will not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order.
12 Damaged Products and returns
12.1 If any Product ordered by you arrives damaged or is not of acceptable quality, you may have:-
(i) rights under these Terms, as set out in Clause 13;
(ii) legal rights and remedies in Australia under the Australian Consumer Law, as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other consumer laws applying in the Northern Territory; and
(iii) rights to have the Product repaired or exchanged, or to receive a refund paid to you for the Product.
12.2 Please choose carefully as we will not provide you with a refund simply because:-
(i) you changed your mind;
(ii) the Product was not what you expected;
(iii) the goods were not used by you in the manner for which they were made; or
(iv) the damage to the goods may be attributed to your actions.
12.3 You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the Product to us in accordance with this clause.
12.4 In order to process a refund, exchange or to repair a Product purchased from us, you should have clear proof of purchase - typically a receipt. If you do not have clear proof of purchase, we are not obligated to offer you an exchange or refund. However, under certain circumstances we may elect to repair or exchange the Product. For loss prevention purposes we will need to record your personal details.
12.5 Once proof of purchase has been established, we will, at our election, offer you a refund or exchange.
12.6 If the Product does not match its advertised description, we will provide you with a refund.
12.7 We cannot offer a refund or exchange where a Product has sustained damage due to inappropriate use or where you wish to return a Product or have the Product exchanged due to a change of mind.
12.8 We will not refund the Delivery Fee where the Product has been delivered to you, unless you are returning the Product because it was damaged upon arrival.
12.9 All refunds will be made via your original method of payment.
13 Intellectual Property Rights
(i) You acknowledge that each Product is subject to copyright and other intellectual property rights (“Intellectual Property Rights”).
(ii) We (or our licensors) retain all rights, title and interest in and to the Products, and nothing you do on or in relation to the Products will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.
(iii) Permission to reprint or electronically reproduce any Product in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at firstname.lastname@example.org if you wish to obtain such consent. Subject to applicable law, we may revoke the permission referred to in this paragraph at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this website without notice.
(i) All copyright and other intellectual property rights subsisting in this website and contents on them (including the software, design, text and graphics comprised in our websites and the selection and layout of our websites) are owned or licensed by us and protected by the laws of Australia and other countries.
(ii) We grant you a limited, non-transferable licence to access and use this website solely for your personal, non-commercial purposes. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
(iii) We (or our licensors) retain all rights, title, and interest in and to this website and all related content, and nothing you do on or in relation to this website or any of the related content will transfer any copyright or intellectual property rights to you or, except for the licence referred to in paragraph 13.2(ii), licence you to exercise any copyright or intellectual property rights unless this is expressly stated.
(iv) Except as provided in these Terms, use of or copying any content of this website for any purpose, other than the purpose referred to in paragraph 13.2(ii), is expressly prohibited, unless prior written consent is obtained from us. You may contact us at email@example.com if you wish to obtain such consent.
(v) Subject to applicable law, we may revoke the permission referred to in paragraphs 13.2(ii) and
13.2(iv) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this website without notice.
14.1 As part of this website we provide an online facility that enables you to make donations to us. Donations of AUD $2.00 or more are tax deductible under Item 4.1.1 of subsection 30-45 (1) of the Australian Income Tax Assessment Act 1997 (Cth). A receipt for your donation will be sent to the address provided and online donations will appear on your statement under the name “Yothu Yindi Foundation”.
14.2 From our research we believe no Australian GST is payable on this donation, however, we recommend that you see your accountant or contact the Australian Tax Office to confirm this.
14.3 Generally, a donation once received cannot be returned to you or cancelled. However, a refund may be available if you make an error in your donation. If you make an error please contact us as soon as possible and we will endeavour to provide you with a refund. Notwithstanding this, donations cannot be cancelled if we have already notified a third party of its receipt.
14.4 The credit cards and payment methods that we accept for donations from time to time will be described on this website. We may apply a surcharge from time to time for the use of certain credit cards, and where we do so this will also be described on this website.
14.5 If we are unable to successfully process your credit card for your donation or we do not receive payment for your donation, then we may cancel your donation.
14.6 If you choose to make a donation by credit card, you authorise us to debit the amount that is payable for the relevant donation from your nominated credit card.
14.7 You must not make a donation, or attempt to make a donation, through any fraudulent or unlawful means.
15 Booking tickets to the Garma Festival
15.1 You may book tickets to attend the Garma Festival using this website until 4:30pm (Darwin time) on the day that is seven (7) days before the commencement of the Garma Festival or until the relevant tickets are sold out (whichever occurs earlier). Bookings will close after this time or when the relevant tickets are sold out.
15.2 In addition to these Terms, there are Terms that will apply to your attendance at Garma Festival (such as conditions for permits of entry). You will have the opportunity to accept those Terms before finalising your purchase of the tickets.
15.3 Any information about your medical condition(s) that you provide to us when applying to attend the Garma Festival will be kept confidential by us, except we may provide such information to medical staff at the Garma Festival on a “need to know” basis. 16 Applying for various roles at the Garma Festival
16.1 You may apply to volunteer, perform, speak and/or present at the Garma Festival and contribute to the Indigenous Economic Development Stream through this website. However, you acknowledge that:-
(i) by applying to volunteer, perform, speak or present at the Garma Festival or to contribute to the Indigenous Economic Development Stream through this website, you are only registering your interest to do so;
(ii) we are under no obligation to accept any application to volunteer, perform, speak or present at the Garma Festival or to contribute to the Indigenous Economic Development Stream made through this website; and
(iii) no agreement between the parties is formed when you apply to volunteer, perform, speak or present at the Garma Festival or to contribute to the Indigenous Economic Development Stream made through this website.
16.2 If you are successful in your application to volunteer, perform, speak or present at the Garma Festival or to contribute to the Indigenous Economic Stream, we will contact you and enter into a separate agreement with you regarding the provision of these services.
17 Linking to this website
17.1 We encourage you to provide links to this website for educational purposes or personal use. While you may use the name www.garmafestival.com.au in the text of any such link, you may not use the Yothu Yindi Foundation or Garma Festival logo or any of our other trademarks without our prior written consent.
17.2 You must not frame this website, or represent or imply that any part of this website belongs to anyone other than us.
17.3 If we notify you that we object to the manner in which you provide links to this website, you must immediately cease providing such links.
17.4 If you provide a link to this website, you must not misrepresent your relationship with us and in no way claim or imply a relationship which has not been authorised by us.
17.5 You must not use Terms such as ‘proudly supporting’, ‘sponsored by’, ‘affiliated with’ etc. without our permission.
17.6 You must not present false or misleading information about us.
17.7 The site providing the link to this website must not violate any laws and its content should not be construed as inappropriate, obscene, defamatory, vulgar, hateful or otherwise objectionable. 18 Use of this website
18.1 You must not:-
(i) use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes including, but not limited to, breaches of the Copyright Act 1968 (Cth);
(ii) use this website in a manner or way, or post to or transmit to or via this website, any material which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;
(iii) make fraudulent or speculative enquiries, purchases or requests through this website;
(iv) use another person’s details without their permission or impersonate another person when using this website;
(v) violate any applicable laws, or use this website for any purpose that is unlawful or prohibited by these Terms;
(vi) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(vii) tamper with or hinder the operation of this website;
(viii) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this website;
(ix) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;
(x) modify, adapt, translate or reverse engineer any portion of this website;
(xi) remove any copyright, trade mark or other proprietary rights notices contained in or on this website;
(xii) collect or store personal data about other users of this website;
(xiii) create accounts by automated means or under false or fraudulent pretences;
(xiv) use this website to violate the security of any computer or other network or engage in illegal conduct;
(xv) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(xvi) use this website other than in accordance with these Terms; or
(xvii) attempt any of the above acts or engage or permit another person to do any of the above acts.
19.1 We may immediately suspend, terminate or limit your access to and use of this website if you breach these Terms and:-
(i) the breach cannot be remedied;
(ii) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(iii) if there is an emergency or we need to perform some maintenance on our site.
19.2 We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this website (including the merchandise available, the prices payable for such merchandise and your ability to apply to attend the Garma Festival).
19.3 We may stop making this website (or any part of it) available. This will not impact any current orders or donations that have been accepted by us.
20 Warranties and Liability
(i) We warrant that the Products will comply in all material respects with any descriptions given by us on this website.
(ii) All express or implied guarantees, warranties, representations, or other statements not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.
(iii) Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(iv) If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:-
(A) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(B) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(v) Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the subject matter of these Terms, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the fees paid by you under these Terms. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision.
(vi) Subject to our obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:-
(A) special, indirect, consequential, incidental or punitive damages; or
(B) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data;
whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(vii) Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
(i) Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that this website will always be available or fault or virus free.
(ii) The Terms that apply to the supply of this website are those that are expressly set out in these Terms and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other Terms apply.
(iii) Subject to paragraphs 20.2(iv) – (vi) below, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
(iv) We are not responsible for loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment, loss of data, loss of profits or revenue, and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
(v) You must take reasonable steps to minimise the extent of the loss you may suffer as a result of this website.
(vi) You must notify us in writing of your loss as soon as is reasonably possible.
(viii) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
(ix) Subject to paragraph 20.2(x), you are liable to us for breach of contract or negligence under the principles applied by the courts.
(x) You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.
21 Other websites
21.1 This website may contain links to external websites that are not operated by us. These links are provided for your convenience only and we make no representations or warranties, or have any responsibility or liability for those websites and these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
23 Names and images on this website
23.1 Aboriginal and Torres Strait Islander people are advised that this website may contain names and images of people who are deceased. If you have a complaint regarding any name or image of a deceased person on this website, please contact us at firstname.lastname@example.org. We will endeavour to address your concern where it is practicable to do so.
24 Changes to these Terms
24.1 For future transactions made through this website, these Terms may be different and so we recommend that you read these Terms carefully each time you agree to them during the transaction.
24.2 We will not change any Terms for an existing order for Products that has been accepted by us. The Terms that will apply to the order are the Terms that applied at the time you placed your order.
25 Force Majeure
25.1 Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.
26.1 If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
26.2 Your use of this website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices.
26.3 The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
26.4 These Terms are governed by the laws of the Northern Territory, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
27 Contact Us
Yothu Yindi Foundation
GPO Box 3234 Darwin NT 0801
1st Floor, Suite 5, 101 Mitchell Street, Darwin NT 0800
Ph: (08) 8941 2900