These Terms are between you and The Difference Fund Limited, ACN: 638 020 032 (The Difference). 

Your Acceptance

These are the terms on which The Difference permits Users (referred to as you or your) to: 

1. access and use The Difference website at https://www.the-difference.org (Website) including using the services and functionality made available through the Website;

2. purchase products which are offered by The Difference or otherwise available for purchase on the Website from time to time (Products);  

3. view and interact with any content, Information, communications, advice, text or other material provided by The Difference or its Affiliates (Service Content); and

4. communicate with The Difference.  

You agree to be bound by these Terms when you use, browse or access any part of the Website.

The Difference may from time to time review and update these Terms including to take account of new Laws, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. 

1. Definitions and Interpretation

   1. Definitions

ACL means Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth);

ACNC means Australian Charities and Not-for-profits Commission;

ACNC Act means Australian Charities and Not-for-profits Commission Act 2012 (Cth);

Affiliate means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. Control, for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity;

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Perth, Western Australia;

Card means your credit or debit card that is registered to your Account; 

Claim includes a claim, notice, demand, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award or loss, whether based in contract, civil, common law, tort (including negligence) or statute and whether involving a Party, Third Party or otherwise;

Confidential Information means:

1. Information that at the time of disclosure by a Disclosing Party is identified to the Receiving Party as being confidential; and

2. all other Information belonging or relating to a Disclosing Party, or any Affiliate of that Disclosing Party, that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the Receiving Party knows, or ought reasonably to be expected to know, is confidential to that Disclosing Party or any Affiliate of that Disclosing Party; 

Data means all of the data and Information which is stored in, processed by or retrievable from the Difference Material;

Difference Material means the Website and Service Content; 

Disclosing Party means the Party to whom Information belongs or relates;

Government Agency means any government or any public, statutory, governmental (including a local government), semi-governmental or judicial body, entity, department or authority and includes any self-regulatory organisation established under statute;

Information means any information, whether oral, graphic, electronic, written or in any other form, including:

1. forms, memoranda, letters, specifications, processes, procedures, statements, formulae, technology, inventions, trade secrets, research and development information, know-how, designs, plans, photographs, microfiche, business records, notes, accounting procedures or financial information, sales and marketing information, names and details of customers, suppliers and agents, employee details, reports, drawings and data; and

2. copies and extracts made of or from that information and data, whether translated from the original form, recompiled, partially copied, modified, updated or otherwise altered.

Intellectual Property Rights means all present and future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including:

1. patents, inventions, designs, copyright, trade marks, brand names, product names, domain names, database rights, rights in circuit layouts, plant breeder's rights, know how, trade secrets and any other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration;

2. any application or right to apply for registration of any of these rights;

3. any registration of any of those rights or any registration of any application referred to in paragraph (b); and

4. all renewals, divisions and extensions of these rights;

Law means in any jurisdiction that is applicable to these Terms:

1. any statute, regulation, by-law, ordinance or subordinate legislation in force from time to time to which a Party is subject;

2. the common law and the law of equity as applicable to the Parties from time to time;

3. any binding court order, judgement or decree;

4. any applicable regulation, industry code, policy or standard enforceable by law; or

5. any applicable direction, policy, rule or order that is binding on a Party and that is made or given by any Government Agency having jurisdiction over a Party or any of that Party's assets, resources or business;

Loss means any loss, damage, cost or expense;

Party means you or The Difference;

Personal Information has the meaning given in the relevant Privacy Law;

Privacy Law means any applicable Law, statute, regulation, ordinance, code, standard or requirements of any government, governmental or semi-governmental body which relates to privacy, including without limitation the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth);

Receiving Party means the Party to whom Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Disclosing Party;

Terms means these agreed terms; 

Third Party means any party other than you or The Difference; and

User means any person who access and uses the Difference Material; 

1.2 Interpretation

In this Agreement, unless the context requires otherwise:

1. the singular includes the plural and vice versa;

2. a gender includes the other genders;

3. the headings are used for convenience only and do not affect the interpretation of this Agreement;

4. other grammatical forms of defined words or expressions have corresponding meanings;

5. a reference to a document includes the document as modified from time to time and any document replacing it;

6. a reference to a party is to a party to this Agreement and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;

7. if something is to be or may be done on a day that is not a Business Day then it must be done on the next Business Day;

8. the word "person" includes a natural person, partnership, body corporate, association, governmental or local authority, agency and any other body or entity whether incorporated or not;

9. the word "month" means calendar month and the word "year" means 12 months;

10. the words "in writing" include any communication sent by letter, facsimile transmission or email or any other form of communication capable of being read by the recipient;

11. a reference to a thing includes a part of that thing;

12. a reference to all or any part of a statute, rule, regulation or ordinance (statute) includes that statute as amended, consolidated, re-enacted or replaced from time to time;

13. wherever "include", "for example" or any form of those words or similar expressions is used, it must be construed as if it were followed by "(without being limited to)";

14. money amounts are stated in Australian dollars unless otherwise specified; 

15. a reference to time is to Perth, Australia time;

16. a reference to any agency or body, if that agency or body ceases to exist or is reconstituted, renamed or replaced or has its powers or functions removed (defunct body), means the agency or body that performs most closely the functions of the defunct body;

17. any agreement, representation, warranty or indemnity in favour of two or more parties (whether those parties are included in the same defined term or not) is for the benefit of them jointly and severally; and

18. any agreement, representation, warranty or indemnity by two or more parties (whether those parties are included in the same defined term or not) binds them jointly and severally.

1. Website

The Website will facilitate the purchase of the Products which are offered by The Difference.

1. Service Content

   1. The Website is owned and operated by or on behalf of The Difference. 

   2. All Intellectual Property Rights, including copyright, in the Difference Material is owned or licensed by The Difference or any of its Affiliates. You must not copy, modify or transmit any part of the Difference Material.

   3. The Difference grants you a non-exclusive and non-transferable right to use the Difference Material for its intended purpose, subject to the restrictions specified elsewhere in these Terms. 

   4. The Difference Material may also contain trade marks, logos and trade names of The Difference and its Affiliates which may be registered or otherwise protected by Law. You are not permitted to use any trade marks, logos or trade names appearing on the Difference Material.

2. Access and Communication

   1. Subject to the consumer guarantees provided for in the ACL, The Difference does not warrant that you will have continuous access to the Difference Material.

   2. The Difference will not be liable if the Difference Material is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.

   3. The Difference does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by Third Parties. 

   4. The Difference does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Difference Material and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

3. User Obligations

As a User of the Difference Material, you must:

1. ensure that your participation in the Difference Material will not violate or result in the breach of any agreement between you and any Third Party;

2. publish, or otherwise make available, Data and Information necessary for The Difference to provide the Website in accordance with these Terms and all applicable Laws; 

3. comply with all reasonable directions of The Difference with respect to your use of the Difference Material;

4. take all reasonable steps to mitigate the risks inherent in the use of the Difference Material, including loss of your own Data; and

5. upon The Difference's request, provide reasonable assistance in the investigation of any security issue relevant to your use of the Difference Material.

1. Payment for Products

   1. All currency references and transactions are processed in Australian dollars. 

   2. Payment for an order of the Products (Order) is made online through the Website (Online Payment). 

   3. Your Order will be delivered to you using one of our third party couriers.

   4. The Difference uses Paypal, Inc to provide the payment services for the Website (Payment Provider). The Online Payment is inclusive of goods and services tax and all other taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services. You agree that your Information may be passed onto the Payment Provider for payment of the Order. Your use of the Payment Provider's system is subject to any relevant user agreements and privacy policies of the Payment Provider. For more details on the Provider and its security processes, please visit the Payment Provider’s websites at https://www.paypal.com/au.

   5. We accept payment via the Payment Provider using VISA, MasterCard, American Express, credit cards (provided always that such cards are issued in Australia) or Paypal. 

   6. Where you make a payment using a credit card, you:

      1. authorise The Difference to debit the amount that is payable from your nominated credit card account;

      2. represent that you are properly authorised to use the credit card for such payment;

      3. represent that the credit card Information you submit is true, correct and complete;

      4. acknowledge and agree that any fees or charges incurred by you will be honoured by your credit card company; and

      5. will pay all charges incurred by you at the listed price, including any applicable taxes. 

   7. We will provide you with a receipt in respect of Orders at the time of confirmation of the relevant purchase which specifies the total fees and charges for the Products in your Order.

   8. If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order. 

   9. The specific terms and conditions of supply for any Product purchased via the Website will be notified to you via the Website before you confirm your purchase. Your confirmation of any purchase indicates your acceptance of those terms and conditions of supply, which upon confirmation of the relevant purchase will be incorporated into these Terms in respect of that purchase.  

   10. We reserve the right at our discretion to cancel any payment if it appears fraudulent in any way, and we may notify the cardholder and the relevant authorities as such. 

   1. Risk and title

      1. Title to the Products in your Order passes to you upon delivery; and all risk of loss or damage to the Products in your Order passes to you when we dispatch your Order from our premises.

   2. Orders for Products

   1. By placing an Order via the Website you are making an offer and commitment to purchase Products in accordance with these Terms. An Order is subject to acceptance or rejection by The Difference in its discretion after receipt of the Order. Provided you have not accepted delivery of the Products, where possible. The Difference may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the Products. 

   2. Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). If you do not receive a Confirmation Email, your Order may not have been accepted. If you haven't received a Confirmation Email, please contact The Difference to check the status of your Order.

   3. Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.

   1. Refunds and Returns

      1. Returns for change of mind 

   If you change your mind about your Order, The Difference will gladly offer a refund or exchange for Products you wish to return back to us on the following conditions:

   1. the Product is returned within 14 days of purchase; 

   2. the Product has not been damaged;

   3. the original tags are attached; 

   4. your present proof of purchase; and

   5. you have contacted The Difference to authorise your return. 

   To arrange for a return, please contact The Difference at info@the-difference.org 

   1. Faulty or damaged Products

   In accordance with your rights under the ACL:

   1. if a Product has a major or serious problem, you are entitled to choose a refund, or exchange, or ask for compensation for any drop in the value of the Product, provided you present proof of purchase. A Product has a major problem when:

   1. a reasonable consumer would not have bought the goods if they had known about the problem;

   2. the goods are significantly different from the description, sample or demonstration model shown;

   3. the Product is substantially unfit for their normal purpose and cannot easily be made fit within a reasonable time; or

   4. the Product is unsafe; and

   1. if a Product has a minor problem, please contact The Difference where we may refund or replace the item, or repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase.

   1. Returning Products

   1. Please post the Products you wish to return via trackable post (eg Australia Post Parcel Post or Express Post). The Difference will not be responsible for lost parcels that have not been sent by trackable post. You will need to pay for any postage fees involved in posting the Products you wish to return where you've changed your mind.

   2. The Difference will refund the postage costs for any Products deemed faulty, provided you authorise your return with The Difference. 

   1. Delivery

      1. We will deliver the Products to you as soon as reasonably possible and in any event within [30] days after the day on which we accept your Order.

   1. We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

   1. If no one is available at the delivery address you provide to us to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot]

   1. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.

   1. A Product will be your responsibility from the time we deliver the Product to the address you give us or you, or a carrier organised by you, collect it from us.

   1. You own the Products once we have received payment in full.