Contributions to The Swans Blog will be used solely to support the on-going operational costs of the website, applications and on-going commercial operations.
These Terms and Conditions govern the relationship between The Swans Blog and each contributor, including the terms on which contribution may be accepted, refused, or returned by The Swans Blog. Contributions will only be accepted in the form of one-off payment made directly to The Swans Blog as described in these Terms and Conditions.
1. Agreement
By making a contribution, a contributor agrees and acknowledges that:
1.1 the contribution is provided to The Swans Blog as an irrevocable gift, subject to any exercise of the contributor's right to receive a refund as described below and The Swans Blog's right to return any contribution at its discretion;
1.2 the contribution will be used by The Swans Blog to support its operational and commercial operations; and
1.3 the contribution is made subject to these Terms and Conditions, which shall constitute a legally binding agreement between the contributor and The Swans Blog (the "Agreement"), entered into by each party in consideration of the other’s obligations under these Terms and Conditions; and
1.4 the contribution is payable to the founder, owner and operator of The Swans Blog, Justin Mitchell; and
1.5 all contributions are made through PayPal.
2. Conditions
2.1 Contributions will be accepted from individuals as well as any other legal entities
2.2 Contributors who are individuals must be aged 18 or over and Australian residents. All other contributors must be incorporated, established and/or registered in Australia (as applicable)
2.3 The maximum aggregate contribution from any one contributor is $16,000 Australian Dollars
3. Administration of contributions
3.1 All contributions to The Swans Blog shall be made through the contributions page on theswansblog.com ("The Website"). Contributions will be accepted by The Swans Blog for the period during which the contributions page is live on The Website.
3.2 Contributions received by The Swans Blog will be deposited in one or more bank accounts in the name of The Swans Blog together with other The Swans Blog funds. Each contribution will be identifiable by a unique merchant identification number and accounted for separately by The Swans Blog.
3.3 From the moment the contribution is processed, The Swans Blog will be legally and beneficially entitled to the full amount of the contribution and the contributor has no entitlement to the return of a contribution in any circumstances other than as specified in these Terms and Conditions.
3.4 The contributor shall receive no benefit in return for any contribution and shall have no rights to influence the editorial policy or output of The Swans Blog.
3.5 Contributions to The Swans Blog are not charitable donations under the laws of the states and territories of Australia and, as far as The Swans Blog is aware, contributions are not tax deductible.
4. Return of contributions
4.1 The Swans Blog reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with the mission, values or interests of The Swans Blog, and/or where, having regard to the source of the contribution or intentions of the contributor, The Swans Blog considers that to accept the contribution could damage the independence or reputation of The Swans Blog or adversely affect the relationship of The Swans Blog with other contributors or stakeholders.
4.2 Contributors shall be entitled to receive a refund of their contribution for up to 14 days after receipt of payment by notifying The Swans Blog by email at theswansblog@theswansblog.com. Any requests for a refund of a contribution received by The Swans Blog following expiry of the 14 day period will be ineligible.
4.3 Any refused and/or returned contributions shall be repaid into the account from which the contribution was made.
5. Transparency of contributions
5.1 The Swans Blog reserves the right to:
5.1.1 request the full name and contact details of the contributor for the purposes of making a contribution and carrying out these Terms and Conditions;
5.1.2 request from the contributor any other information that it considers to be necessary or desirable to determine the provenance of the contribution;
5.1.3 undertake any further investigations it deems fit to determine the provenance of the contribution; and
5.1.4 publicly disclose the identity of the contributor and the amount of the contribution.
5.2 If the contributor refuses to provide any information requested by The Swans Blog under clause 5.1, The Swans Blog may refuse and return the contribution to the contributor at its discretion.
6. Confidentiality and publicity
Contributors shall not be entitled to publicise their contribution or otherwise market themselves or any connected person or business in connection with their contribution, except with the prior written consent of The Swans Blog and then only if the contributor complies with any relevant policies, procedures or requirements of The Swans Blog.
7. Data protection and privacy
7.1 If a contributor opts in to receive information from The Swans Blog via the email address supplied by the contributor then he or she may unsubscribe at any time by contacting newsletter@theswansblog.com.
7.2 The Swans Blog does not collect personal information through the website for the purposes of making a contribution.
8. Exclusion of liability
To the full extent permitted by law, neither The Swans Blog nor any affiliated person shall be liable for any loss suffered by any donor or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.
9. Miscellaneous
9.1 A failure of The Swans Blog to assert a right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.
9.2 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
9.3 This Agreement constitutes the entire agreement between the contributor and The Swans Blog in respect of any contributions made by the contributor.
9.4 These Terms and Conditions are not intended to confer any contractual benefit on any person.
9.5 The Agreement and any non-contractual obligations arising out of or in connection with it will be governed by the laws of New South Wales and subject to the exclusive jurisdiction of the courts of New South Wales.