TERMS & CONDITIONS

Swags for Homeless Ltd (ABN: 93 128 411 012) Trading as Backpack Bed for Homeless Registered Australian Charity — Queensland

Website: https://BackpackBed.org/au

1. Acceptance of Terms

By accessing, browsing, or using the website operated by Swags for Homeless Ltd (ABN: 93 128 411 012), trading as Backpack Bed for Homeless ("we," "us," "our," or the "Organisation") at https://BackpackBed.org/au (the "Website"), including making a donation, subscribing to communications, or submitting any information through the Website, you ("you," "your," or "User") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms, do not access or use this Website.

These Terms form a binding agreement between you and the Organisation. We reserve the right to refuse access to the Website to any person at any time, at our sole discretion, without notice or liability.

2. Eligibility

By using this Website, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater)
• You have the legal capacity to enter into a binding agreement under the laws of your jurisdiction
• If making a donation, you are authorised to use the payment method provided
• You are not prohibited by any applicable law from using this Website or making a donation
• All information you provide to us is truthful, accurate, and complete

If you are using this Website on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

3. About the Organisation

Swags for Homeless Ltd, trading as Backpack Bed for Homeless, is a registered Australian charity with the Australian Charities and Not-for-profits Commission (ACNC), operating from Queensland. Our ABN is 93 128 411 012. We are endorsed as a Deductible Gift Recipient (DGR) by the Australian Taxation Office (ATO). Donations of $2 or more may be tax-deductible, subject to the conditions and limitations described in Section 5 below.

4. Use of the Website

4.1 Permitted Use

This Website is provided for lawful purposes only, including learning about our mission, making donations, signing up for communications, and accessing information about our programs and activities.

4.2 Prohibited Use

You agree not to:

• Use the Website for any unlawful, fraudulent, or malicious purpose
• Make donations using stolen, unauthorised, or fraudulent payment methods
• Attempt to gain unauthorised access to any portion of the Website, its servers, systems, or networks
• Introduce viruses, malware, trojans, worms, or any other harmful or destructive code or material
• Use automated systems, bots, scrapers, or similar technologies to access, crawl, or extract data from the Website without our prior written consent
• Interfere with or disrupt the operation, security, or integrity of the Website
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website
• Reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit any portion of the Website or its content for commercial purposes without our prior written consent
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Website
• Collect or harvest personal information of other users
• Use the Website to send unsolicited communications or spam
• Use the Website in any way that violates any applicable Commonwealth, state, territory, or international law or regulation

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these prohibitions, including reporting such conduct to law enforcement authorities and seeking legal remedies.

5. Donations

5.1 Voluntary Nature

All donations made through this Website are voluntary and made at your sole discretion. Donations are gifts to the Organisation and do not constitute payment for goods or services unless expressly stated otherwise.

5.2 Tax Deductibility

Swags for Homeless Ltd is endorsed as a Deductible Gift Recipient (DGR) by the Australian Taxation Office. Donations of $2 or more may be tax-deductible under the Income Tax Assessment Act 1997 (Cth).

However, we do not provide tax, legal, or financial advice. The tax deductibility of your donation depends on your individual circumstances and applicable law. You are solely responsible for determining the tax implications of your donation and should consult your own registered tax agent, accountant, or financial advisor. We make no representations, warranties, or guarantees regarding the tax deductibility of any donation.

We will provide donation receipts as required by law, but the issuance of a receipt does not constitute tax advice or a guarantee of deductibility.

5.3 Payment Processing

All online donations are processed through third-party payment gateway providers (such as Stripe, PayPal, or other processors). Your payment card details and financial information are transmitted directly to and processed by these third-party providers.

We do not collect, process, store, or have access to your full credit card, debit card, or bank account details.

Your use of third-party payment services is subject to the terms of service and privacy policies of those third-party providers. We do not control, and accept no responsibility or liability for, the acts, omissions, practices, security, data handling, or legal compliance of any third-party payment processor. You agree to review and accept the terms and policies of any third-party payment service before submitting payment information.

5.4 Donation Confirmation

A donation is considered complete only when we or our payment processor have confirmed receipt of the funds. A confirmation message or email does not guarantee that your payment has been successfully processed. We are not liable for any donation that fails to process due to payment processor errors, declined transactions, insufficient funds, network failures, or any other cause beyond our reasonable control.

5.5 Recurring Donations

If you set up a recurring donation, you authorise us (through our third-party payment processor) to charge your designated payment method at the frequency and amount you specify until you cancel. You may cancel a recurring donation at any time by:

• Contacting us using the details in Section 16
• Using the cancellation mechanism provided by the payment processor
• Emailing us via our Website

Cancellation will take effect for the next scheduled payment after we receive and process your request. We are not responsible for any charges processed before your cancellation is effective.

5.6 Refund Policy

All donations are final and non-refundable except in the following circumstances:

• A donation was made as a result of a demonstrable unauthorised or fraudulent transaction
• A clear and obvious processing error occurred (e.g., a duplicate charge for the same donation)

Refund requests must be submitted in writing to us (Section 16) within 30 days of the transaction date and must include sufficient details and supporting documentation. We will review refund requests on a case-by-case basis at our sole discretion. We reserve the right to deny any refund request. Any approved refund will be processed through the original payment method and may be subject to processing times and fees imposed by the third-party payment provider, which are beyond our control.

Note regarding Australian Consumer Law: To the extent that the Competition and Consumer Act 2010 (Cth), Schedule 2 ("Australian Consumer Law" or "ACL") applies to any transaction, nothing in this refund policy is intended to exclude, restrict, or modify any rights or remedies that you may have under the ACL that cannot be excluded, restricted, or modified by agreement. However, donations are generally gifts and not transactions for the supply of goods or services within the meaning of the ACL.

5.7 Use of Donated Funds

We will use donations in furtherance of our charitable mission and objects as set out in our constitution and ACNC registration. While we endeavour to honour donor preferences and designations where practicable, we reserve the right to allocate and redirect donated funds as the Organisation's board of directors deems necessary to best serve our mission, including to the Organisation's general operating fund, in accordance with applicable law, our ACNC obligations, and our governing documents.

5.8 Currency

All donations are processed in Australian Dollars (AUD) unless otherwise indicated. If you are donating from outside Australia, your bank or payment provider may apply currency conversion fees or exchange rates, which are your sole responsibility and beyond our control.

6. Australian Consumer Law Acknowledgement

Certain legislation, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), provides consumer guarantees and rights that cannot be excluded, restricted, or modified by agreement ("Non-Excludable Guarantees").

Nothing in these Terms is intended to exclude, restrict, or modify any Non-Excludable Guarantee or any right or remedy you may have under the ACL or any other applicable law where to do so would be unlawful, void, or unenforceable.

To the extent that any Non-Excludable Guarantee applies to any goods or services provided by the Organisation through or in connection with this Website, our liability for a failure to comply with such guarantee is limited, to the maximum extent permitted by law, to (at our election):

• In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods, supplying equivalent goods, or having the goods repaired
• In the case of services: the supply of the services again, or the payment of the cost of having the services supplied again

All other warranties, representations, conditions, and guarantees (whether express, implied, statutory, or otherwise) are excluded to the fullest extent permitted by law.

7. Intellectual Property

7.1 Ownership

All content, materials, text, images, graphics, photographs, logos, trademarks, service marks, trade names, designs, layouts, software, code, and other intellectual property displayed on or available through this Website (collectively, "Content") are the property of Swags for Homeless Ltd or its licensors and are protected by the Copyright Act 1968 (Cth), the Trade Marks Act 1995(Cth), and other applicable Australian and international intellectual property laws.

7.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and view the Content on this Website solely for your personal, non-commercial use in connection with learning about and supporting our charitable mission. This licence does not include the right to:

• Modify, reproduce, distribute, display, perform, publish, licence, create derivative works from, or sell any Content
• Use any Content for any commercial purpose
• Use any data mining, robots, scraping, or similar data-gathering tools on the Content
• Frame or mirror any portion of the Website

7.3 Trademarks

"Backpack Bed for Homeless," "Backpack Bed," and any associated logos, designs, and trade dress are trademarks or service marks of Swags for Homeless Ltd. You may not use our trademarks without our prior written consent.

7.4 User Submissions

If you submit any content, feedback, testimonials, stories, comments, or other materials to us through the Website or otherwise ("User Submissions"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Submissions in any media and for any purpose related to our charitable mission, without obligation to compensate you or seek further consent.

You represent and warrant that you own or have the necessary rights to grant this licence and that your User Submissions do not infringe the rights of any third party.

8. Third-Party Websites and Services

This Website may contain links to, or integrations with, third-party websites, platforms, services, or content ("Third-Party Services"), including but not limited to payment processors, fundraising platforms, social media platforms, and analytics providers.

Third-Party Services are not under our control. We do not endorse, sponsor, recommend, or assume any responsibility or liability for:

• The availability, content, accuracy, or completeness of any Third-Party Service
• The privacy practices, data handling, security measures, terms of service, or legal compliance of any Third-Party Service
• Any products, services, transactions, or dealings between you and any third party
• Any loss, damage, or harm arising from your use of or reliance on any Third-Party Service

Your use of any Third-Party Service is entirely at your own risk and subject to that third party's own terms and policies. We encourage you to review the terms and privacy policies of any Third-Party Service before providing personal or financial information.

The inclusion of any link or integration on this Website does not imply our endorsement, affiliation, or association with the linked third party.

9. Disclaimer of Warranties

Subject to Section 6 (Australian Consumer Law Acknowledgement) and to the fullest extent permitted by applicable law:

This Website and all Content, materials, information, services, and functionality provided through it are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

The Organisation expressly disclaims all warranties, whether express, implied, statutory, or otherwise, to the maximum extent permitted by law, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Any warranty that the Website will be uninterrupted, timely, secure, error-free, or free of viruses, malware, or other harmful components
• Any warranty regarding the accuracy, reliability, completeness, or currency of any Content or information on the Website
• Any warranty regarding the results that may be obtained from the use of the Website
• Any warranty regarding the security of any information transmitted to or from the Website

Your use of the Website is at your sole risk.

No advice, information, or statement made by the Organisation, whether oral or written, shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

10.1 Scope

Subject to Section 6 (Australian Consumer Law Acknowledgement) and to the fullest extent permitted by applicable law:

10.2 Exclusion of Indirect Loss

In no event shall Swags for Homeless Ltd, its directors, officers, employees, volunteers, agents, contractors, or affiliates (collectively, the "Organisation Parties") be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage of any kind, including but not limited to loss of profits, revenue, data, goodwill, use, anticipated savings, opportunity, or other intangible losses, whether arising from contract, tort (including negligence), equity, statute, or otherwise, even if the Organisation Parties have been advised of the possibility of such loss or damage.

10.3 Specific Exclusions

Without limiting the foregoing and to the maximum extent permitted by law, the Organisation Parties shall not be liable for any loss, damage, or harm arising from or related to:

• Your use of or inability to use the Website
• Any errors, inaccuracies, omissions, or defects in the Content
• Any unauthorised access to or use of our servers or any personal or financial information stored therein
• Any interruption, cessation, or delay in transmission to or from the Website
• Any viruses, malware, or other harmful components transmitted through the Website by any third party
• The acts, omissions, practices, or policies of any third-party service provider, including payment processors, analytics providers, and hosting services
• Any donation that fails to process, is processed incorrectly, or is subject to fraud
• Any reliance on information or content provided on or through the Website, including information regarding tax deductibility
• Any unauthorised transaction or use of your payment method, whether or not arising from a security breach
• Any loss of data
• Any action taken by us in accordance with these Terms, including termination of access

10.4 Maximum Liability

To the extent that any liability of the Organisation Parties is found notwithstanding the foregoing exclusions, the total aggregate liability of the Organisation Parties to you for all claims arising out of or relating to these Terms or your use of the Website shall not exceed the greater of:

(a) the amount you donated to the Organisation through the Website in the twelve (12) months preceding the event giving rise to the claim; or

(b) one hundred Australian dollars (AUD $100.00).

10.5 Essential Basis

You acknowledge and agree that the disclaimers, exclusions, and limitations of liability set forth in these Terms are reasonable, represent a fair allocation of risk between you and the Organisation, and form an essential basis of the bargain between you and the Organisation. The Organisation would not provide the Website to you without these limitations.

10.6 Applicable Law Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent that the law of any jurisdiction applies to your use of the Website and prohibits any exclusion or limitation contained in these Terms, that exclusion or limitation shall be read down or severed to the minimum extent necessary to comply with that law. All other exclusions and limitations in these Terms shall continue to apply to the fullest extent permitted.

Nothing in these Terms excludes or limits any liability that cannot be lawfully excluded or limited under Australian law, including liability under the Australian Consumer Law (Section 6).

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Organisation Parties from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-and-own-client basis and disbursements) arising out of or relating to:

• Your use of or access to the Website
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any donation made by you, including any dispute regarding tax deductibility, refunds, chargebacks, or payment processing
• Any User Submission you provide
• Any fraudulent, unauthorised, or illegal activity conducted through your use of the Website
• Any misrepresentation made by you
• Any third-party claim arising from your use of the Website

This indemnification obligation shall survive the termination of these Terms and your use of the Website.

This clause does not apply to the extent that the relevant loss or damage was caused or contributed to by the negligent, unlawful, or wrongful act or omission of the Organisation Parties.

12. Privacy

Your use of this Website is also governed by our Privacy Policy, available at https://BackpackBed.org/au. The Privacy Policy explains how we collect, use, store, disclose, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using this Website, you consent to the practices described in the Privacy Policy. In the event of any conflict between these Terms and the Privacy Policy with respect to data handling practices, the Privacy Policy shall prevail.

13. Website Availability and Modifications

13.1 Availability

We endeavour to maintain the Website, but we do not guarantee that the Website will be available at all times. The Website may be temporarily or permanently unavailable due to maintenance, updates, technical issues, force majeure events, or any other reason. We shall not be liable for any loss or inconvenience arising from any Website downtime or unavailability.

13.2 Modifications to the Website

We reserve the right, at our sole discretion and without notice or liability, to:

• Modify, update, suspend, or discontinue the Website (or any portion or feature thereof) at any time, temporarily or permanently
• Change the Content, layout, functionality, or features of the Website
• Impose limits on certain features or restrict access to parts or all of the Website

13.3 Modifications to These Terms

We reserve the right to modify, amend, or replace these Terms at any time. Changes will be effective when posted on the Website with an updated "Last Updated" date. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

For material changes, we may (but are not obligated to) provide additional notice by posting a prominent notice on the Website or sending an email notification.

14. Force Majeure

The Organisation shall not be liable for any failure or delay in performing any obligation under these Terms if such failure or delay results from circumstances beyond our reasonable control ("Force Majeure Event"), including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions or orders, sanctions, embargoes, fire, flood, cyclone, earthquake, storm, drought, power outages, internet or telecommunications failures, cyberattacks, strikes, industrial action, labour disputes, supply chain disruptions, or the failure, act, or omission of any third-party service provider.

Performance of any affected obligation shall be suspended for the duration of the Force Majeure Event.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at the address provided in Section 16 and make a good-faith effort to resolve any dispute informally within thirty (30) days.

15.2 Mediation

If the dispute cannot be resolved informally, either party may refer the dispute to mediation administered by the Resolution Institute(or its successor body) in accordance with its mediation rules then in force. The mediation shall take place in Brisbane, Queensland. The costs of the mediator shall be shared equally between the parties unless the mediator directs otherwise. Each party shall bear its own costs of and incidental to the mediation.

15.3 Court Proceedings

If the dispute is not resolved within thirty (30) days of the commencement of mediation (or such longer period as the parties agree in writing), either party may commence court proceedings in accordance with Section 17.

15.4 No Class Actions

To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in any class, consolidated, or representative action. If this provision is found to be unenforceable in any particular case, it shall be severed with respect to that case only, and the remaining provisions of this Section 15 shall continue in full force and effect.

15.5 Injunctive Relief

Nothing in this Section 15 prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction at any time.

16. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

Swags for Homeless Ltd Trading as Backpack Bed for Homeless PO Box 1211, Cleveland QLD 4163 Australia

Email us via our website: https://BackpackBed.org/au Phone: 07 3286 9834

17. Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with these Terms or your use of the Website ("Dispute") shall be governed by and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia.

To the extent permitted by law and subject to the dispute resolution process in Section 15, you agree to submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia sitting in Queensland in relation to any Dispute.

You irrevocably waive any objection to venue or jurisdiction in such courts, including any objection based on inconvenient forum.

Nothing in this clause:

• Limits the right of the Organisation to seek injunctive or interlocutory relief in any court of competent jurisdiction
• Limits your right to lodge a complaint with the Office of the Australian Information Commissioner (OAIC), the ACNC, the Queensland Office of Fair Trading, or any other regulatory body with jurisdiction under applicable law
• Is intended to limit any rights you may have under any applicable law that cannot be excluded or modified by agreement

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Organisation regarding your use of the Website and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

18.2 Severability

If any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be:

• Read down to the minimum extent necessary to make it valid and enforceable while preserving the original intent; or
• If it cannot be read down, severed from these Terms

The remaining provisions shall continue in full force and effect.

18.3 Waiver

No failure or delay by the Organisation in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any further or other exercise of that right or any other right. A waiver of any provision must be in writing and signed by an authorised representative of the Organisation to be effective.

18.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, reorganisation, or transfer of assets.

18.5 No Agency or Partnership

Nothing in these Terms shall be construed to create any agency, partnership, joint venture, employment, or fiduciary relationship between you and the Organisation.

18.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and the Organisation. Nothing in these Terms, express or implied, is intended to confer upon any other person or entity any rights, benefits, or remedies of any nature, except that the Organisation Parties (as defined in Section 10) are intended third-party beneficiaries of Sections 9, 10, and 11.

18.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18.8 Survival

The following sections shall survive any termination or expiration of these Terms: Sections 5.6 (Refund Policy), 5.7 (Use of Donated Funds), 6 (Australian Consumer Law Acknowledgement), 7 (Intellectual Property), 8 (Third-Party Websites and Services), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 14 (Force Majeure), 15 (Dispute Resolution), 17 (Governing Law and Jurisdiction), 18 (General Provisions), and any other provisions that by their nature are intended to survive.

18.9 Electronic Communications

By using this Website and providing your email address, you consent to receive electronic communications from us in accordance with our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by the Electronic Transactions (Queensland) Act 2001 and the Electronic Transactions Act 1999 (Cth).

18.10 Interpretation

In these Terms:

• A reference to a statute, regulation, or legislative instrument includes any amendment, re-enactment, or replacement of it
• Words in the singular include the plural and vice versa
• "Including" and similar expressions are not words of limitation
• Where a word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning
• A reference to "dollars," "$," or "AUD" is a reference to Australian currency
• A reference to "writing" or "written" includes email and other electronic communication

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

Swags for Homeless Ltd (ABN: 93 128 411 012) Trading as Backpack Bed for Homeless Last Updated: 21 February 2026.