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In these terms and conditions ("Terms"):
1.1 "Contribution" means any sum of money paid or transferred to the Trustee in connection with the Trust;
1.2 "Privacy Policy" means the privacy policy implemented by the Trustee from time to time in relation to the Trustee's activities in connection with the Trust;
1.3 "Trust" means The Ben Roberts-Smith VC MG Trust, a discretionary trust established under the Trust Deed;
1.4 "Trust Deed" means the Deed of Trust dated 25 April 2026 (as amended, varied or replaced from time to time), which governs the operation of the Trust;
1.5 "Trustee" means the trustee(s) for the time being of the Trust; and
1.6 "You" means a person having agreed to make a Contribution (and "Your" has a corresponding meaning).
2.1 By agreeing to make a Contribution, You agree to be immediately and irrevocably bound by these Terms, which are deemed to constitute an agreement between You and the Trustee made in consideration of the mutual promises contained in these Terms, which is governed by and will be construed in accordance with the laws of South Australia.
2.2 These Terms constitute the entire agreement between You and the Trustee regarding the matters set out herein and supersede any prior representations, negotiations, agreements, understandings or arrangements between You and the Trustee, whether written or oral.
2.3 The Trustee may amend and update these Terms at any time and will ensure that a copy of the current version of these Terms is available here. You acknowledge that it is Your sole responsibility to review and check any updates to these Terms from time to time. By agreeing to make a Contribution, you are agreeing to be bound by the version of these Terms which is current as at that date.
2.4 The relationship between You and the Trustee is one of independent contractors and, without limitation, nothing in these Terms creates a fiduciary relationship between You and the Trustee.
To the maximum extent permitted by law, You agree and acknowledge that any Contribution that You make from time to time will be subject to the following provisions:
3.1 such Contribution is made and provided by You on an irrevocable basis;
3.2 such Contribution constitutes a gift for the purposes of applicable law and is made and provided by You without expectation of any financial gain or return;
3.3 no Contribution (or part of it) will be returned or refunded to You in any circumstances;
3.4 the Trustee has not made (and does not make) any representation or warranty to You in connection with these Terms, the Trust or the making by You of a Contribution, including (without limitation) making no representation or warranty that the purposes of the Trust are charitable or that any Contribution is or will be tax-deductible in any jurisdiction;
3.5 in undertaking its role as trustee of the Trust (including in accepting, using and applying Contributions), the Trustee is not providing goods or services to You in trade or commerce within the meaning of the Australian Consumer Law;
3.6 the Trustee will have sole discretion as to the manner and purposes in which the Contribution will be used or applied; and
3.7 the Trustee does not have any duty to account or report to You in relation to the manner in which any Contribution (or part of it) is used or applied.
4.1 The Trustee will only use Your personal information where it has a legal basis to do so.
4.2 The Privacy Policy sets out the type of information collected by the Trustee, how the Trustee uses that information and Your rights in connection with that information.
4.3 By agreeing to make a Contribution, You are deemed to have read and accepted the Privacy Policy (as amended from time to time) and consent to be contacted by the Trustee using any contact details You have provided to it, for purposes including facilitating the payment from You to the Trustee of any Contribution.
4.4 The Trustee reserves the right, in its sole and absolute discretion, to amend its Privacy Policy from time to time. You agree that if you agree to make any Contribution after any such amendment to the Privacy Policy will be taken as your acceptance of the terms of the amended Privacy Policy.
5.1 You agree and acknowledge that:
5.1.1 the Trustee has not provided, and has no responsibility or obligation to provide, You with any taxation advice in relation to any Contribution which You may make; and
5.1.2 to the maximum extent permitted by law, the Trustee accepts no liability or responsibility with respect to the taxation consequences of You making any such Contribution.
5.2 You are solely responsible for ensuring You comply with all applicable taxation requirements and make payment of all personal taxes and duties regarding any Contribution You make (including but not limited to determining whether you are required to be registered for GST or any other supply tax and for disclosing and accounting for such supply taxes, as may be required by applicable law).
6.1 You agree and acknowledge that, other than to the extent expressly required under applicable law, the Trustee will not be liable for any loss or damage of any kind, whether in contract, tort (including negligence), under any statute or otherwise, arising out of or in any way connected to these Terms or any Contribution made or provided by You.
6.2 The Trustee may plead this clause 6 as a complete defence to any action, proceeding or suit which may be taken or commenced by You or on Your behalf arising out of the matters referred to in these Terms and, unless and until this clause 6 is set aside by a final order of a competent Court, You must consent to an order staying such action, suit or proceeding.