Own Our House

OWN OUR HOUSE TERMS AND CONDITIONS (Terms)

The Own Our House campaign is an initiative developed by the Sydney Opera House Trust (SOHT, we, us, our) to raise money to support the renewal of the Opera House. SOHT invites visitors to the website www.ownourhouse.com.au (the Website) to make a donation and, in accordance with these Terms, in recognition of their contribution those visitors who donate (Donors) will receive a virtual Opera House roof tile (Virtual Tile) including a digital certificate. Donors will be able to customise the Virtual Tile with image and text. As a Donor or a person gifted the Virtual Tile by a Donor (Gift Recipient) (the Donor and Gift Recipient each referred to as you herein), you will have digital access to your Virtual Tile through the Website for up to a 10-year period leading to the Sydney Opera House's 50th Anniversary in 2023; and be able to see a view from it. Donors will be able to choose any available Virtual Tile for themselves or as a gift. You will be able to 'share' your Virtual Tile and digital certificate through social media and explore the community growing on the virtual Opera House roof. These Terms set out the terms and conditions on which you may make use of the Website including but not limited to the making of donations and using the interactive services or features, for example, email messaging, social media postings and other messaging. Please read these Terms carefully before you start to use the Website. By using the Website, you indicate that you accept these Terms including the Terms of Use on the Opera House homepage and that you agree to abide by them and all relevant laws relating to your use of the Website. If you do not agree to these Terms, please do not use the Website.

1. General

1.1 We can accept donations only from persons over 18 years of age. Minors can be gifted a Virtual Tile in accordance with these Terms.
1.2. We will not be liable if for any reason the Website is performing poorly or is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
1.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

2. Payment methods

2.1 We accept online donations by credit cards through an electronic payment gateway. We will pay any credit card fees associated with a donation.
2.2 By making a donation the Donor warrants that the credit card is owned by the Donor or the Donor has permission to use it.
2.3 Upon receipt of funds, we commit to use these funds to fulfil SOHT's objectives under the Sydney Opera House Act including for the future development and renewal of the Opera House and precinct.

3. Donations and Your Virtual Tile

3.1 There are two donation amounts available and two types of Virtual Tiles allocated in recognition of donations: Ice tiles for A$100 donation and Snow tiles for A$400 donation. The tiles are grouped together across the sail in chevrons. Snow tiles line the outer perimeter of each chevron and Ice tiles cover the internal part of each chevron. Additional amounts may be donated but tiles will be allocated only at these donation points.
3.2 The Donor may select the location of the Virtual Tile from those available or opt for us to allocate it.
3.3 The Donor may opt to receive the Virtual Tile in their own name or they may gift it to a Gift Recipient. If the Donor chooses to gift the Virtual Tile to a Gift Recipient, the Donor undertakes to bring these Terms, including Competition Terms and Conditions, to the Gift Recipient's attention unless they are a minor in which case the Donor agrees that they will ensure compliance with these Terms.
3.4 The Donor will receive a digital certificate in recognition of the donation in either the Donor's name or that of the Gift Recipient. The digital certificate will include details of the location of the Virtual Tile.
3.5 The Virtual Tile will be allocated to the Donor or to the Gift Recipient up to 31 December 2023 after which time we will be free to reallocate the Virtual Tile to another donor at our absolute discretion.
3.6 The allocation of a Virtual Tile in recognition of a donation in no way conveys any proprietary rights. The Virtual Tile exists only in a virtual environment. You may not sell, trade, transfer or otherwise deal with the Virtual Tile in any way without our prior written consent.
3.7 Unless permission is not granted by the Donor, Donors' names are acknowledged in other material produced by SOHT at the discretion of SOHT, including allowing media outlets to publish Donor lists as a way of promoting the Own Our House campaign. The names of Gift Recipients will not be used in this way.
3.8 Donors' names or the names of Gift Recipients will appear on the Virtual Tile from the date of donation. Donors warrant that they have obtained the consent of the Gift Recipient to allow the Gift Recipient's name to appear on the Virtual Tile. The Donor may upload up to 140 characters on to the Virtual Tile and choose to upload the Donor's own image or select to use an image from our online image bank on the Website. If the Donor chooses not to upload an image, SOHT may upload an image of its choosing. The Donor warrants that any data uploaded about Gift Recipients will be accurate and not misleading. No logos, product images or advertising may be uploaded.
3.9 SOHT will moderate the Website and may in its absolute discretion remove any images or characters from your Virtual Tile which it deems inappropriate or which do not comply with these Terms. SOHT will remove any images or characters as requested by a Gift Recipient and will replace them with an image from our online image bank on the Website. No refund or compensation is payable to you in these circumstances.
3.10 The mapping and the view from your Virtual Tile on the Website will not be the exact location or have the exact view from the real Opera House roof tile. These will be approximate.
3.11 SOHT may at any time make changes to the Website, including the look or feel and its functionality.
3.12 SOHT may suspend or decommission the Website as may be required if the Website is adversely affected for any reason beyond the reasonable control of SOHT. If this were to happen, no refund or compensation is payable to you.
3.13 Any costs associated with you using this Website, including the Donor uploading characters and images and you sharing your Virtual Tile, are your responsibility.
3.14 SOHT will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by the Donor in any way related to or using material from the Website.

4. Tax Deduction

4.1 SOHT is a Deductible Gift Recipient for the purposes of Australian tax law. Gift donations (where characterised as such under Australian law and as administered by the Australian Taxation Office (ATO)) of $2.00 or more made to SOHT are tax deductible. This includes donations made by individuals in a wholly private, non-business capacity. For donations or contributions made in any other circumstance, SOHT recommends that Donors seek their own independent tax advice. This is particularly where the contribution is made by a business, trust or company as it may not qualify as a deductible gift (though it may qualify under Australian law as tax deductible on some other basis, for instance as a business deduction). SOHT makes no representation or warranty regarding the tax status of any contribution.

5. Copyright, Intellectual Property and Sharing

5.1 Unless otherwise indicated, all information contained in the Website is owned by SOHT or licensed to us for use from CyArk, which is the web developer. Apart from any use permitted under the Copyright Act 1968 or these Terms, you must not copy, modify, or distribute the material on the Website, including the look, layout, design or graphics without our consent.
5.2 The Donor warrants to SOHT that the Donor has the right to upload the characters and images to the Virtual Tile and that in doing so will not infringe the intellectual property rights or privacy rights of any third party. The uploaded image must not display the image or likeness of any person or information about any person, unless you have obtained the person's permission. The image must be suitable for a person of any age to view.
5.3 SOHT would like to share the content on the Virtual Tiles with a wider audience in order to showcase and promote the Own Our House campaign. On this basis, if the Donor has opted to grant SOHT the right to use the Virtual Tile or the Donor's name to promote Own Our House at the point of donation then the Donor grants SOHT a non-exclusive, worldwide, royalty free, transferrable, irrevocable, perpetual licence to communicate the characters and/or images on the Donor's Virtual Tile and the Donor's name in any media to promote the Own Our House campaign. This does not apply to Gift Recipient's Virtual Tiles. In doing so the Donor acknowledges that the Donor waives any moral rights to enable SOHT to amend, juxtapose, edit, or otherwise alter the characters or image for practical purposes only to meet any technical or logistical requirements of the medium of communication. Any failure to credit the Donor or any other person as an author or creator is unintended unless it is not practicable for SOHT to credit in the circumstances.
5.4 The Donor is responsible for taking such action as necessary to protect the characters or image uploaded to your Virtual Tile against misuse by third parties (i.e. by insertion of a watermark or copyright notice).
5.5 You may save a local copy or print a copy of your digital certificate you receive in recognition of your donation and any page(s) from the Website for your own personal use, including for sharing on social networking sites. You may not modify the digital certificate and you may not use any images separately from any text. Any commercial use is prohibited. You may not use these materials for the purpose of promoting, advertising, endorsing or suggesting a connection between any business and SOHT without our written consent. We ask that you acknowledge SOHT as the author of the materials when you are sharing via social media.
5.6 Whenever you share material or send any message or content to others (for example via social media platforms), you warrant that you comply with these Terms and the law.

6. Disclaimers, Restrictions and Limitations of Liability

6.1 SOHT will not be liable to the Donor if the Donor is unable to obtain the benefit of a tax deduction for a donation or contribution.
6.2 We will do all we reasonably can to protect the Website and all internet communications passing between us and you, but we cannot be held responsible for:
i. Any losses from viruses or any losses fairly attributable to your failure to take reasonable precautions to prevent interception of or interference with any such communications (including, without limitations) failure to use and keep up to date firewalls and anti-virus software on your own computer; or
ii. Any losses arising from fraudulent or unauthorised use of a Donor's credit or debit card. If as a Donor you become aware of fraudulent use or your card, or if it is lost or stolen, you should notify your card issuer.
6.3 The liability for loss of any amount or an issue with regards to transfer of funds will lie with the Donor.
6.4 If a Donor has a problem with a donation or you have any issue with the use of the Website the SOHT website team will try our best to help but we do not take responsibility to rectify the problem or to retrieve an amount lost in the transfer of funds, if it is beyond our control.
6.5 SOHT does not warrant the accuracy of the materials in the Website or any site linked to it.
6.6 So far as is permitted by law, SOHT expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.7 SOHT (including its officers, employees and agents) excludes all liability for any loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of Own Our House or use of this Website.
6.8 The Website may also include links to third party websites that are not owned or operated by us. These links are provided for your convenience, to enable sharing by social media or to provide further information and we make no representations or warranties or accept any liability with respect to these third party websites. You agree to comply with the terms and conditions of the social media sites you engage with.
6.9 You may link to the Website, provided you comply with legal obligations and these Terms. We may withdraw linking permission without notice if you breach these Terms.

7. Currency

7.1 SOHT will only accept donations in Australian dollars.

8. Refunds

8.1 Refunds in respect of donations will only be made if the donation has been made in error and at the absolute discretion of SOHT.

9. Prohibitions

9.1 You may not make a donation or use the Website for any of the following purposes:
(i) dissemination of anything unlawful, fraudulent, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, which could harm minors or is otherwise objectionable or use of any material that could result in any of these;
(ii) transmission of any material that encourages conduct constituting a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
(iii) interfering with any other's use or enjoyment of Own Our House;
(iv) making, transmitting or storing electronic copies of materials protected by another's intellectual property rights without the permission of the owner; or
(v) any other purpose which is likely to harm or bring Sydney Opera House or Own Our House into disrepute.
9.2 You must not use the Website in any way that may cause it to be interrupted, damaged or impaired in any way. You must not introduce viruses, Trojans, worms, logic bombs or other material which may harm the Website. You must not attempt to gain unauthorised access to or attack (via denial of service attack or distribution of denial of service attack) the Website or its servers or any data base connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

10. Jurisdiction and Law

10.1 These Terms will be governed by the laws of New South Wales and are subject to the exclusive jurisdiction of the Courts of New South Wales.

11. Amendments

11.1 We reserve the right to amend or change without notice all or part of these Terms. The amended Terms will apply from the time we post them. You must check this Website from time to time to ensure that you are aware of any amendments as they are binding on you.

12. Breach

12.1 If you breach these Terms, your right to use the Website will cease immediately. The donation will not be refunded.

13. Severence

13.1 If any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable, it shall not affect the enforceability of the remainder of the Terms.

14. Waiver

14.1 Any failure by us to exercise a right or remedy in respect of a breach of these Terms does not constitute a waiver of that right or remedy or of any other rights or remedies and no exercise of a right or remedy shall prevent a further exercise of that or any other right or remedy.

15 Indemnity

15.1 The Donor agrees to indemnify SOHT for any claim by a third party alleging a breach of copyright. You agree to indemnify SOHT for any claim arising from any breach by you of these Terms.