Good Return Terms and Conditions


1. PART 1 - IF YOU HAVE DECIDED TO FUND A LOAN APPLICANT BY WAY OF A LOAN

1.1 Introduction

This Part 1 of the Terms and Conditions applies if You have elected, via the Website, to provide funding to a Loan Applicant by way of a Loan. If You have elected to make more than one Loan during Your visit to our Website, this Agreement will apply to each of those Loans.

1.2 The Loan

  1. You have elected, via the Website, to make one or more Loans.

     
  2. A Loan may be made either directly by You (where You choose Your Loan Applicant) or by purchasing a Gift Certificate for a Loan (where You give the Gift Certificate to somebody else, such as a friend or relative, and they (as the Beneficiary of the Gift Certificate) choose the Loan Applicant.
     
     
     
  3. You will pay the amount of each Loan to WEAL in $AUD. Details of how You can make this payment are provided in clause 1.4 below.

  4. You wish the amount of each Loan to be provided to the Loan Applicant that you have selected for that Loan. In order to achieve this, WEAL will disburse the amount of the Loan to an MFI Partner. The MFI Partner is an organisation operating within the country in which Your Loan Applicant lives, appointed by WEAL to assist in the funding of poor and low-income persons. When the MFI Partner receives the proceeds of Your Loan from WEAL, the MFI Partner will provide the amount of the Loan to the Loan Applicant that You selected for that Loan (in the Relevant Foreign Currency).

  5. WEAL regularly changes the Applicants featured on the Website and may withdraw or remove an Applicant from the Website at any time and for any reason.

  6. If WEAL does not raise the full amount of funding advertised for Your Loan Applicant on the Website, it will still use Your Loan to partly fund Your Loan Applicant.

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1.3 Administration Fee

You will pay the Administration Fee to WEAL in $AUD when You make a Loan. Details of how You may pay the Administration Fee are provided in clause 1.4 below. This Administration Fee covers WEAL's operational costs as well as its obligation to pay GST to the Australian Government.

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1.4 Payments

You may make payments to WEAL in accordance with the Website using either Visa, Mastercard or Your PayPal account.

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1.5 Foreign Exchange Risk

  1. Your Loan to WEAL is in $AUD.

  2. The funds that WEAL disburses to its relevant MFI Partner (for provision to the Loan Applicant) will be provided to that MFI Partner in Relevant Foreign Currency.

  3. Loans made by an MFI Partner to Your Loan Applicant (using the proceeds of Your Loan) will be repayable by Your Loan Applicant in Relevant Foreign Currency to the MFI Partner, and the MFI Partner has undertaken to remit all such payments to WEAL in Relevant Foreign Currency.

  4. When WEAL receives moneys in respect of the repayment of Your Loan from an MFI Partner in Relevant Foreign Currency, WEAL will convert those moneys into $AUD (in accordance with a published exchange rate) before remitting them to You in $AUD.

  5. Currency losses: You assume all currency exchange risk associated with the Loan, including the risk of depreciation of the Relevant Foreign Currency against the $AUD.

  6. Currency gains: Conversely, You will be entitled to the benefit of any appreciation of the Relevant Foreign Currency as against the $AUD.

  7. The amount of the Loan according to the Website is calculated by WEAL using a formula based on a published exchange rate under license from http://www.xe.com, and may be slightly higher in $AUD than the actual amount of funding requested by Your Loan Applicant in order to protect WEAL from foreign exchange fluctuations whilst the Loan is being sought and funded. For further infromation on our exchange rate please refer to "XE Terms of Use".

  8. Surplus funds collected by WEAL as a result of clause 1.5(g) will be held by WEAL until the end of the Loan and then returned to You. WEAL may retain any interest or other benefits earned as a result of it holding or depositing such funds prior to their return to You.

  9. Where a Loan Applicant is funded via more than one Loan from multiple Lenders, any gain or loss arising as a result of converting disbursed funds from $AUD into the Relevant Foreign Currency or as a result of converting repaid funds from the Relevant Foreign Currency into $AUD, will be proportionally divided amongst all Lenders that provided loans to that Loan Applicant.
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Part I - If you have decided to fund a loan applicant by way of a loan

Part II - If you have decided to fund a loan applicant by way of a donation

Part III - General

1.6 Disbursal of Loan Funds to the Loan Applicant (via an MFI Partner)

  1. WEAL will aggregate loans received from Lenders and (subject to clause 1.5(g)) will disburse such funds periodically (usually monthly) to the relevant MFI Partner in Relevant Foreign Currency. The funds received from the Lenders for a Loan may not actually be remitted (in whole or in part) to the MFI Partner but may instead be offset against any repayments due from that MFI Partner during the relevant period.
     
     
     
  2. WEAL reserves the right to adjust the size of a Loan at any time. For example, this need may arise as a result of insufficient funds being raised on the Website or negative currency movements that have occurred since the Loan was first listed on the Website.
     
     
     
  3. An MFI Partner may have disbursed funding to the Loan Applicant prior to the Loan being provided by You. In this situation the MFI Partner may use the proceeds of Your Loan to refinance the existing funding provided by it. WEAL is not obliged to inform You if this occurs.
     
     
     
  4. The MFI Partners are responsible for the screening of Applicants before submitting their details to WEAL. WEAL uses a rigorous selection process to identify and select its MFI Partners and will conduct periodic monitoring of its MFI Partners, but WEAL accepts no responsibility for the genuineness of any Applicants (including Your Loan Applicant), or for the adequacy or accuracy of any information provided from any source in relation to any Applicants (such as Your Loan Applicant).
     
     
     
  5. The MFI Partners have agreed to use reasonable endeavours to ensure that the proceeds of loans provided to them by WEAL and funded via the Good Return Program are used by the relevant Loan Applicant(s) for the purpose(s) notified to WEAL and displayed on the Website. WEAL will make every effort to ensure that Your Loan is used for its intended purpose (as displayed on the Website) but cannot guarantee that the proceeds of Your Loan are used for any particular purpose.
     
     
     
  6. WEAL may retain any interest or other benefits earned as a result of it holding or depositing funds received from You prior to the next scheduled transfer of such funds to the relevant MFI Partner.

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1.7 Loan Repayment

  1. Subject to paragraph (c) below, if WEAL receives (from the relevant MFI Partner) an amount in respect of the repayment of Your Loan, WEAL will notify You by email (via the email address You supplied at the time of making the relevant Loan) and advise You:

    (i) that the Loan has been finalised;
    (ii) of any currency loss or gain;
    (iii) of any Loan loss (i.e. if any amount of the Loan has not been repaid in full); and
    (iv) that You should decide whether You wish to re-lend, donate or withdraw the funds.

    All Loan repayments will be made by PayPal to the email address that You notified to WEAL when You made the Loan via the Website. ("Your Email Address"). Your Email Address should be linked to a PayPal account. If Your Email Address is not linked to a PayPal account when WEAL wishes to remit the Repayment Amount to You, we will ask You to either create a new PayPal account linked to Your Email Address, or link

    Your Email Address to an existing PayPal account, prior to WEAL being able to transfer the Repayment Amount to You.

    If "Your Email Address” is not valid, current or functioning WEAL will incur no further obligation to notify you that the Loan has been repaid.

    Once WEAL transfers the Repayment Amount to Your Email Address in accordance with this paragraph, it will have no further payment obligations in respect of that Loan.

  2. WEAL will post details of repayment of the Loan on the Website. These details will also be available by email if You elect (via the Website) to receive email notifications.

  3. You will ordinarily not receive any Loan repayments until the end of the term of the Loan (the term of the Loan is displayed on the Website). Notwithstanding this, WEAL reserves the right to make repayments of Your Loan earlier than this and WEAL will incur no cost, charge, penalty or liability for doing so.

  4. Repayments are limited to the principal Loan amount. You will not receive interest, or any other return or benefit, in respect of the Loan (other than potential currency gains referred to in clause 1.5(f) above).

  5. If WEAL notifies You in accordance with paragraph (a) above that Your Loan has been finalised but You do not claim the Repayment Amount within 12 months of such notification (or if the email account you provided to Good Return is not valid, current or functioning or You do not link Your Email Address to a PayPal account within 12 months of WEAL requesting You to do so), the unclaimed Repayment Amount may be retained by WEAL and treated by WEAL as a Donation to improve the lives of the poor in the Asia Pacific region.

  6. The MFI Partners have agreed to use reasonable endeavours to collect principal repayments of loans sourced from Lenders and provided to Applicants. The MFI Partners have also agreed to use their existing collection processes for collecting loan repayments from Applicants. WEAL will not be responsible for any losses, issues or inefficiencies in relation to the collection of loan instalments from Your Loan Applicant or from any other Applicant.

  7. WEAL does not guarantee that You will receive any Repayment Amount.

  8. WEAL will attempt to provide accurate information on the repayment performance of Applicants such as Your Loan Applicants and this may be published on the Website. However, You should not rely upon the validity of this information as an estimate of the likelihood of the repayment of Your Loan.

  9. WEAL may retain any interest or other benefits earned as a result of it holding or depositing funds received by an MFI Partner prior to the disbursement of such funds to You.

  10. Where a Loan is made by the purchase of a Gift Certificate, WEAL will make repayments to the Beneficiary in accordance with (a)-(i) above, and paragraphs (a) - (j) above shall apply as if each reference to "You" was a reference to the Beneficiary as well.

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1.8 Default Risk

  1. You acknowledge that all Applicants, including Your Loan Applicant, are considered risky by traditional lenders due to various factors including, but not limited to:

    (i) lack of credit history;
    (ii) individual or geographical financial instability; and
    (iii) absence of security for financial accommodation.

  2. You acknowledge and agree that there is no undertaking or guarantee that the Loan will be repaid. You assume all liability and loss if all or any part of the Loan is not repaid either by Your Loan Applicant or by the MFI partner responsible for disbursing the loan to the Loan Applicant.

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1.9 Loan Losses

  1. Any Loan losses remain Your responsibility.

  2. If a Loan Applicant is funded via more than one Loan from multiple Lenders, any Loan losses will be proportionally divided amongst those Lenders.

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1.10 Tax Deductibility

You acknowledge and agree that:

  1. WEAL is a registered Australian charity with PBI and DGR status and operates the WEAORF which has DGR status.

  2. Lenders have a choice of funding a Loan Applicant either through a Donation or a Loan. The tax treatment of each may differ.

  3. You are solely responsible for determining the proper tax treatment of Your Loan and any resulting profits or losses. WEAL has not and will not provide any tax or legal advice to You in connection with any Loan.

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1.11 MFI Partners

  1. WEAL does not guarantee its MFI Partners and will not be liable for any default, malfeasance or negligence of an MFI Partner.

  2. An MFI Partner may charge interest or fees to its clients (including Your Loan Applicant) to cover the MFI Partner's administration and management expenses and in order to ensure a sustainable service provision to the MFI Partner's clients (including Your Loan Applicant). You are not entitled to any such interest or fees charged by any MFI Partner.

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1.12 Representations and Warranties by You

You represent and warrant to WEAL that:

  1. You are empowered to enter into the Agreement;

  2. Your entry into the Agreement does not breach any law of any jurisdiction;

  3. You have the full and complete right, power and authority to submit to the Website any text, graphics, photographs, images, moving images, sound, illustrations and software that You submit to the Website from time to time, and by doing so you will not be breaching any law, contractual obligation or intellectual property right of any person;

  4. You understand the risks inherent in entering into the Agreement, including the currency exchange and payment default risks referred to on the Website, and you have, to the extent necessary, obtained appropriate legal and/or commercial advice in relation to those risks; and

  5. You have not entered into the Agreement in reliance on or as a result of any advice, representation, promise, statement, conduct or inducement by or on behalf of WEAL (or any of its employees or representatives) otherwise than as expressly embodied in these Terms and Conditions.
1.13 Cancelling decision to make a loan or a donation
 
Loan
If you have completed the process of making a loan but later change your mind, you must advise Good Return within 7 days if you wish to cancel the transaction.

In that case, you should contact Good Return at emailus@goodreturn.org and provide full details (date, borrower, amount) of the loan(s) that you wish to cancel. We need this information so that we can reimburse your Good Return PayPal account with the amount of the loan(s). You can thereafter withdraw the funds at your discretion. We will not reimburse any Administration Fee that was charged at the time you made the loan.

Donated loan or a donation
If you have completed the process of making donated loan or donation but later change your mind, we regret that it is not possible for Good Return to reverse the transaction. This is because you will have already received an automatically generated tax receipt for your donation, which cannot be cancelled.

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2. PART 2 - IF YOU HAVE DECIDED TO FUND A LOAN APPLICANT BY WAY OF A DONATION

2.1 Introduction

This Part 2 of the Terms and Conditions applies if You have elected, via the Website, to provide funding to a Loan Applicant by way of a Donation. If You have elected to make more than one Donation during Your visit to our Website, this Agreement will apply to each of those Donations.

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2.2 The Donation

  1. You have elected, via the Website, to make one or more Donations.

  2. An MFI Partner may charge interest or fees to its clients (including Your Loan Applicant) to cover the MFI Partner's administration and management expenses and in order to ensure a sustainable service provision to the MFI Partner's clients (including Your Loan Applicant). You are not entitled to any such interest or fees charged by any MFI Partner.

  3. A Donation may be made either directly by You (where You choose Your Loan Applicant) or by purchasing a Gift Certificate for a Donation (where You give the Gift Certificate to somebody else, such as a friend or relative, and they (as the Beneficiary of the Gift Certificate) choose the Loan Applicant).

  4. You will pay the amount of each Donation to WEAL in $AUD. Details of how You can make this payment are provided in clause 2.3 below.

  5. You wish the amount of each Donation to be provided to the Loan Applicant that you have selected for that Donation. In order to achieve this, WEAL will disburse the amount of the Donation to an MFI Partner. The MFI Partner is an organisation operating within the country in which Your Loan Applicant lives, appointed by WEAL to assist in the funding of poor and low-income persons. When the MFI Partner receives the proceeds of Your Donation from WEAL, the MFI Partner will provide the amount of the Donation to the Loan Applicant that You selected for that Donation (in the Relevant Foreign Currency).

  6. WEAL may lend the proceeds of Your Donation to an MFI Partner (for on-lending to Your Loan Applicant). If WEAL does so, and WEAL subsequently receives a repayment or return of those funds, WEAL may then apply those moneys so repaid or returned towards improving the lives of the poor in the Asia Pacific region and for other support programs.

  7. WEAL regularly changes the Applicants featured on the Website and may withdraw or remove an Applicant from the Website at any time and for any reason.

  8. If WEAL does not raise the full amount of funding advertised for Your Loan Applicant on the Website, it will still use Your Donation to partly fund Your Loan Applicant.

  9. Each Donation is made, essentially, by way of gift and is not returnable, refundable or repayable by WEAL.

  10. WEAL may apply a portion of Your Donation to cover its operational costs, and/or to protect WEAL against currency fluctuations whilst the Donation is being sought and funded.

  11. Donations to fund Loan Applicants who reside within Australia are made to WEAL. Donations to fund Loan Applicants who reside outside of Australia are made to WEAORF. All references to WEAL in this Part 2 shall be construed to include a reference to WEAORF in the case of Donations to fund Loan Applicants who reside outside of Australia.

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2.3 Payments

You may make payments to WEAL in accordance with the Website using either Visa, Mastercard or Your PayPal account.

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2.4 Disbursal of Donations to the Loan Applicant (via an MFI Partner)

  1. WEAL will aggregate Donations received from Donors and will disburse such funds periodically to the relevant MFI Partner in Relevant Foreign Currency. The funds received from the Donors for a Loan may not actually be remitted (in whole or in part) to the MFI Partner but may instead be offset against any repayments due from that MFI Partner during the relevant period.

  2. WEAL reserves the right to adjust the size of a Donation at any time. For example, this need may arise as a result of insufficient funds being raised on the Website or negative currency movements that have occurred since the Donation was first listed on the Website.

  3. An MFI Partner may have disbursed funding to the Loan Applicant prior to the Donation being provided by You. In this situation the MFI Partner may use the proceeds of Your Donation to refinance the existing funding provided by it. WEAL is not obliged to inform You if this occurs.

  4. The MFI Partners are responsible for the screening of Applicants before submitting their details to WEAL. WEAL will select MFI Partners with care and will conduct periodic monitoring of its MFI Partners, but WEAL accepts no responsibility for the genuineness of any Applicants (including Your Loan Applicant), or for the adequacy or accuracy of any information provided from any source in relation to any Applicants (such as Your Loan Applicant).

  5. The MFI Partners have agreed to use reasonable endeavours to ensure that the proceeds of donations provided to them by WEAL and raised via the Website are used by the relevant Loan Applicant(s) for the purpose(s) notified to WEAL and displayed on the Website. WEAL is under no obligation to ensure that the proceeds of Your Donation are used for any particular purpose.

  6. WEAL may retain any interest or other benefits earned as a result of it holding or depositing funds received from You prior to the next scheduled transfer of such funds to the relevant MFI Partner.

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2.5 MFI Partners

WEAL does not guarantee its MFI Partners and will not be liable for any default, malfeasance or negligence of an MFI Partner.

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2.6 Representations and Warranties by You

You represent and warrant to WEAL that:

  1. You are empowered to enter into the Agreement;

  2. Your entry into the Agreement does not breach any law of any jurisdiction;

  3. You have the full and complete right, power and authority to submit to the Website any text, graphics, photographs, images, moving images, sound, illustrations and software that You submit to the Website from time to time, and by doing so you will not be breaching any law, contractual obligation or intellectual property right of any person;

  4. You understand the risks inherent in entering into the Agreement and you have, to the extent necessary, obtained appropriate legal and/or commercial advice in relation to those risks; and

  5. You have not entered into the Agreement in reliance on or as a result of any advice, representation, promise, statement, conduct or inducement by or on behalf of WEAL (or any of its employees or representatives) otherwise than as expressly embodied in these Terms and Conditions.

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3. PART 3 - GENERAL

3.1 Introduction

This Part 3 of the Terms and Conditions applies to both Loans and Donations.

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3.2 Definitions

In these Terms and Conditions:

"Administration Fee" means a fee (in $AUD) equal to 10% of the total of all Loan Amounts in respect of Loans made by You in this visit to the Website, provided that:

(a) if such amount would be less than $AUD5.00 - the Administration Fee shall be $AUD5.00; and
(b) if such amount would be greater than $AUD25.00 - the Administration Fee shall be $AUD25.00.

"Applicant" means a low-income loan applicant who has been identified as a potential loan applicant on the Website.

"$AUD" is a reference to Australian dollars.

"Agreement" means the agreement between You and WEAL, which is formed upon your acceptance of these Terms and Conditions.

"Beneficiary" means where You have elected to purchase a Gift Certificate, the beneficiary of the Gift Certificate (as notified by You to WEAL in accordance with the Website).

"Content" means all content featured or displayed on the Website, including text, graphics, photographs, images, moving images, sound, illustrations and software.

"DGR" means a deductible gift recipient.

"Donation" means a donation of money (in $AUD) by You to:

(a) WEAL - in the case of funding for Loan Applicants who reside within Australia; or
(b) WEAORF - in the case of funding for Loan Applicants who reside outside of Australia.

The amount of the Donation will be provided by WEAL or WEAORF (as applicable) to a MFI Partner for provision to Your Loan Applicant. A Donation may be made either:

(c) in Your name; or
(d) in the name of a Beneficiary, if you have decided to purchase a Gift Certificate for a Donation.

"Donor" means:

(a) a person who elects to provide funding to a Loan Applicant by way of a donation in accordance with the Website; and/or
(b) a person who elects to purchase (in accordance with the Website) a Gift Certificate to provide funding to a Loan Applicant in the name of, and on behalf of, a Beneficiary by way of a Donation.

"Gift Certificate" means, if you have elected to do so via the Website, a gift certificate whereby You agree to provide funding to the Loan Applicant in the name of a Beneficiary - (either by way of a Loan or a Donation). The Beneficiary will then select the Loan Applicant. If the Beneficiary fails to select a Loan Applicant within 12 months of the date of issue of the Gift Certificate, WEAL may apply the amount of the Gift Certificate (either itself or via WEAORF) to improve the lives of the poor in the Asia Pacific region. "Good Return Program" means WEAL's Good Return Program which aims to provide a sustainable means for low-income people in Australia and the Asia Pacific region to improve their lives through access to capital and skills development opportunities.

"Government Authority" means any government or any governmental or semi-governmental entity, authority, agency, commission, corporation or body (including those constituted or formed under any statute), local government authority, administrative or judicial body or tribunal or stock exchange.

"GST" means any goods and services Tax, consumption Tax, value added Tax or any similar Tax.

"Lender" means:

(a) a person who elects to provide funding to a Loan Applicant by way of a loan in accordance with the Website; and/or
(b) a person who elects to purchase (in accordance with the Website) a Gift Certificate to provide funding to a Loan Applicant in the name of , and on behalf of, a Beneficiary.

"Loan" means a loan of money by You to WEAL, which will be provided by WEAL to a MFI Partner for provision to Your Loan Applicant. The amount of each Loan has been selected by You in accordance with the Website. It does not include the Administration Fee, which is additional. A Loan may be made either:

(a) in Your name; or
(b) in the name of a Beneficiary, if you have decided to purchase a Gift Certificate for a Loan.

You may make more than one Loan when You visit the Website.

"Loan Amount" means either:

(a) the amount of the Loan; or
(b) the aggregate value of the Gift Certificate purchased by You,
as applicable.

"Loan Applicant" or "Your Loan Applicant" means the Applicant whom You (or the Beneficiary of a Gift Certificate) have elected to fund by way of either a Loan or a Donation. Where You have decided to make a direct Loan or Donation, You will choose Your Loan Applicant. Where You have chosen to purchase a Gift Certificate, the Beneficiary of that Gift Certificate will choose Your Loan Applicant.

"MFI Partner" means a microfinance institution partner of WEAL. Each Applicant, including Your Loan Applicant, is sourced by an MFI Partner operating in that Applicant's jurisdiction.

"PayPal" means the system for transmitting funds using www.paypal.com.

"PBI" means a Public Benevolent Institution.

"Relevant Foreign Currency" means the currency of the country in which Your Loan Applicant resides.

"Repayment Amount" means, in respect of a Loan, the amount of money actually received by WEAL (in Relevant Foreign Currency) from the relevant MFI Partner in respect of the repayment of that Loan, as converted into $AUD by WEAL.

"Tax" means any taxes, levies, imposts, deductions, charges and withholdings assessed, imposed, collected or withheld under any legislation and, in each case, all interest, fines, penalties, charges, fees or other amounts in respect of them.

"User" means a user of the Website, regardless of whether or not that user is or becomes a Lender.

"WEAL" means World Education Australia Limited (ACN 106 279 225), an Australian public company limited by guarantee and registered under the Australian Corporations Act, with charitable (PBI) and DGR status.

"WEAORF" means World Education Australia Overseas Relief Fund, being a fund to provide resources for economic and social development programs to improve the lives of the poor in the Asia Pacific region.

"Website" means loans.goodreturn.org.au, loans.goodreturn.org.au.au, and any other "Good Return" domain names that point to either of those websites, being a tool of the Good Return Program to allow the Australian public to provide funding to Applicants who are uploaded to the Website.

"You" means the person who has accepted these Terms and Conditions.

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3.3 Interpretation

In these Terms and Conditions:

  1. (a) headings are for convenience only and do not affect interpretation;

    and unless the context indicates a contrary intention:

  2. if You are identified (via the Website) as more than one person , "You" refers to all of the persons so identified, and Your obligations under the Agreement bind each of you, jointly and severally;

  3. "person" includes an individual, the estate of an individual, a corporation, a government authority of any jurisdiction, an association or a trust;

  4. a reference to a document (including the Agreement) is to that document as varied, novated, ratified, replaced or restated from time to time;
     
     
     
  5. a reference to a law includes any law, principle of equity, statute or official directive of any government authority of any jurisdiction;
     
     
     
  6. a word importing the singular includes the plural (and vice versa) and a word indicating a gender includes every other gender;

  7. a reference to a party, clause or schedule is a reference to a party, clause or schedule to or of these Terms and Conditions;

  8. if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and

  9. "includes" in any form is not a word of limitation.

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3.4 Confidentiality and Privacy

  1. WEAL is under no obligation to provide You with any details in relation to any Applicant (including Your Loan Applicant), beyond what is available on the Website, and may be prohibited from doing so.

  2. WEAL will not disclose to any MFI Partner, the Loan Applicant or any Applicant Your address or contact details without Your prior permission.

  3. In order to protect the privacy of the Loan Applicant, You agree not to contact or attempt to contact the Loan Applicant (or any other Applicant) directly. WEAL may provide a means for communications to be sent between parties on the Website in a manner that protects each parties' right to confidentiality.

  4. If You have indicated, via the Website, that You agree to WEAL doing so (whether on this or any other visit to the Website), WEAL may use details provided by You for WEAL's own marketing purposes and You hereby authorise WEAL to do so.

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3.5 Website Content

  1. WEAL reserves all intellectual property and moral rights that may exist in relation to the Website from time to time.

  2. All of the Content is owned by WEAL, its subsidiaries, affiliates or content providers.

  3. WEAL reserves the right to alter the Website from time to time in its absolute and unfettered discretion.

  4. If you submit Content to the Website (such as photos and personal information) at any time, You agree that WEAL may use and distribute such Content for such purposes as WEAL thinks fit.

  5. WEAL will review content on the Website regularly and has the right to remove any content for any reason (including that it is, in WEAL's opinion, offensive or inappropriate).

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3.6 Disclaimer

  1. The Content on this Website (including any graphics, software or other materials) and any content made available through this Website are provided ;as is ; and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, WEAL disclaims all warranties, express or implied, including, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. WEAL does not warrant or make any representations regarding the use or the results of the use of the Content in this Website in terms of its correctness, accuracy, reliability, or otherwise. You assume total responsibility and risk for Your use of this Website and site-related services.

  2. Certain links in this Website may provide access to other sites on the worldwide web. The linked sites may not be under the control of WEAL and WEAL is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

  3. WEAL is not responsible for webcasting or any other form of transmission received from any linked site.

  4. WEAL is providing these links to You only as a convenience, and the inclusion of any link does not imply a referral by WEAL to, or an endorsement by WEAL of, the linked site or any products or services which may be offered there.

  5. WEAL makes no representation or warranty, express or implied, with respect to any third party data provided to WEAL or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose.
     
     
     
  6. WEAL will not be liable in any way to You or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from :

    (i) any such inaccuracy, error, delay or omission;
    (ii) non performance; or
    (iii) interruption in any such third party data due either to any negligent act or omission by WEAL or force majeure or any other cause beyond the control of WEAL.
     

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3.7 Disputes

  1. (Governing Law): Any dispute between You and WEAL will be governed and interpreted in accordance with the laws of New South Wales.

  2. (Governing Jurisdiction):

    (i) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, and to the courts competent to determine appeals from those courts ("New South Wales Courts"), with respect to any proceedings that may be brought at any time relating to the Agreement or these Terms and Conditions.

    (ii) Each party irrevocably waives any objection it may now or in the future have to the venue of any proceedings being the New South Wales Courts, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if the proceedings are brought in the New South Wales Courts.

  3. (MFI Partners): WEAL is solely responsible for interactions with its MFI Partners and any disputes that may arise with any of its MFI Partners.
     
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3.8 Representations and Warranties by WEAL

WEAL represents and warrants to You that:

  1. it is a corporation limited by guarantee and formed under the Australian Corporations Act; and

  2. it is empowered to enter into the Agreement.
     

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3.9 Limitation of Liability

  1. You acknowledge that WEAL does not always verify the accuracy of information from MFI Partners, other Users, other Lenders or Donors, Applicants or Entrepeneurs.

  2. WEAL shall not have any responsibility, obligation or liability for:

    (i) decisions or interactions resulting (directly or indirectly) from participation in the Good Return Program; or

    (ii) any damages, costs, losses or expenses You incur as a result (directly or indirectly) of making a Loan or Donation to a Loan Applicant or as a result (directly or indirectly) of participating in or utilising the Good Return Program or information received in connection with the Good Return Program.

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3.10 Indemnity

You agree to indemnify WEAL against any loss, liability, actions, claims or demands, including legal fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website, participation in the Good Return Program, or breach of the Agreement.

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3.11 Severability

If at any time any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair the legality, validity or enforceability of any other provision of these Terms and Conditions.

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3.12 Amendment

These Terms and Conditions and the Agreement may be modified by WEAL in its sole discretion from time to time and such modifications will become part of these Terms and Conditions and the Agreement and will be effective once posted by WEAL on the Website.

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3.13 No Assignment

You may not assign or transfer Your rights or obligations under these Terms and Conditions or the Agreement to any other person.

3.14 Waiver

WEAL shall not be taken to have waived Your performance with these Terms and Conditions or the Agreement unless such waiver is given by WEAL in writing.

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Further questions?

If you have further queries contact Good Return at EmailUs@GoodReturn.org

 
 
 
 
 
 

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Good Return is an Australian charity that provides microfinance and education to the poor in the Asia Pacific.
© Good Return 2014. Good Return is an initiative of World Education Australia, an Australian Aid accredited agency. ABN 39 106 279 225
World Education Australia is a member of the Australian Council for International Development (ACFID) and is a Public Benevolent Institution.