Refund, Cancellation, and Adoption Terms Policy

1. About this Policy

This Refund, Cancellation, and Adoption Terms Policy (Policy) governs transactions and related arrangements between Shark Search Foundation Limited and people who:

• purchase a shark adoption;
• purchase a shark adoption as a gift;
• receive a shark adoption;
• make a one-off donation;
• establish a recurring donation;
• request cancellation of a recurring donation;
• request correction of adoption materials;
• request a refund; or
• otherwise interact with Shark Search in connection with an adoption or donation transaction.

This Policy is intended to clearly describe what a Shark Search shark adoption provides, what it does not provide, how donations are administered, and how refund and cancellation requests are handled.

2. Shark Search Foundation Limited

Shark adoptions and donations governed by this Policy are offered by:

Shark Search is an Australian not-for-profit public company limited by guarantee.

3. Acceptance and related terms

By completing a shark adoption or donation transaction through Shark Search, you agree to the terms applicable to that transaction.

This Policy should be read together with:

• the Shark Search Website Terms of Use / Terms of Service;
• the Shark Search Privacy Policy;
• the information shown on the relevant adoption or donation page;
• any specific fundraising campaign conditions; and
• any additional conditions clearly presented before payment.

If a specific written term applying to a particular transaction expressly differs from this Policy, the specific term applies to that transaction to the extent of the inconsistency, subject always to applicable law.

4. Definitions

Adoption means participation in Shark Search's Adopt a Shark programme in relation to an identified shark record.

Adopter means the person for whom an Adoption is recorded or issued.

Purchaser means the person who pays for an Adoption, including a person purchasing an Adoption as a gift.

Recipient means the person nominated to receive a gift Adoption.

Adoption Materials means the digital certificate, shark photograph, species information pack and other digital material expressly included in an Adoption at the time of purchase.

Donation means a voluntary contribution made to Shark Search without acquiring ownership or proprietary rights in a shark, project or Shark Search asset.

Shark Record means Shark Search's scientific record relating to an identified individual shark.

5. Legal nature of a shark adoption

Sharks included in the programme are wild animals.

An Adoption does not:

• transfer ownership of the shark;
• grant possession of the shark;
• create custody of the shark;
• give the adopter control over the shark;
• create an exclusive proprietary interest in the shark;
• give the adopter management rights over the shark;
• give the adopter rights over the shark's habitat;
• transfer ownership of Shark Search scientific data;
• transfer ownership of the Shark Record;
• give the adopter authority to direct Shark Search's research;
• mean that the shark is physically held by Shark Search;
• mean that the shark has been tagged by Shark Search;
• mean that the shark is continuously tracked by Shark Search; or
• mean that Shark Search is responsible for the shark's health, welfare, survival or movements.

The Adoption represents support for Shark Search and an ongoing association between the adopter and the relevant Shark Record, subject to these Terms.

6. Purpose of adoption payments

Adoption payments support Shark Search's broader shark research and conservation work.

An Adoption payment is not restricted solely to research, monitoring, identification, equipment or expenditure relating to the particular shark adopted.

Shark Search may apply Adoption revenue across its shark research and conservation activities according to organisational priorities, scientific requirements and available resources.

Shark Search will not represent that an Adoption payment is spent exclusively on an individual shark unless a particular offer expressly states that arrangement.

7. Adoption term and payment

A Shark Search Adoption is purchased through a one-time payment.

Adoptions do not currently renew automatically.

An Adoption does not have a fixed annual expiry date.

Subject to scientific corrections and these Terms, the adopter's association with the relevant Shark Record continues without a fixed term.

This continuing association does not create an obligation on Shark Search to provide services, communications or updates indefinitely where no new information about the shark is available.

8. Multiple adopters and exclusivity

Unless Shark Search expressly states otherwise for a particular offer, an individual shark may be adopted by more than one person.

Purchasing an Adoption does not give the adopter exclusive adoption rights over the shark.

The fact that another person adopts the same shark does not terminate, reduce or invalidate an existing Adoption.

Naming rights, where offered, are treated separately under clauses 9 and 10.

9. Shark naming

Shark Search may allow an adopter to propose a name for an eligible individual shark.

Where a Shark Record has already received an approved programme name, another adopter may not assign a conflicting alternative name to that same shark through the Adoption programme.

Once an approved name is assigned to a shark, Shark Search intends for that name to remain associated with the Shark Record unless Shark Search reasonably determines that a change is required for:

• scientific reasons;
• record-management reasons;
• legal reasons;
• intellectual-property reasons;
• ethical or reputational reasons;
• correction of an error; or
• another legitimate programme reason.

Naming a shark does not give the person who proposed the name any ownership of the animal, Shark Record, Shark Search database or other Shark Search intellectual property.

10. Approval of shark names

All proposed shark names require approval by Shark Search before they are formally assigned.

Shark Search may reasonably reject a proposed name where the name is:

• offensive;
• discriminatory;
• threatening;
• obscene;
• defamatory;
• misleading;
• inappropriate for a public scientific organisation;
• reasonably likely to infringe another person's rights;
• reasonably likely to imply unauthorised sponsorship or endorsement;
• already allocated where duplication would create scientific or programme confusion; or
• otherwise reasonably unsuitable for Shark Search's public records.

If a proposed name is rejected, the adopter may be invited to submit an alternative name.

11. Gift adoptions

Shark Search permits a Purchaser to buy an Adoption for another person.

The Purchaser is responsible for providing accurate recipient information.

The Adoption certificate may be issued in the Recipient's nominated name.

Purchasing an Adoption as a gift does not give the Purchaser ownership or control over the Recipient's personal information beyond what is necessary to arrange the gift.

12. Children and young recipients

Children and teenagers may receive a gifted shark Adoption.

Where a Purchaser provides a child's name for inclusion on a digital certificate, the Purchaser represents that they are authorised to provide that information for the purpose of arranging the gift.

A gift Adoption does not by itself enrol a child in a Shark Search youth programme or authorise Shark Search to communicate directly with the child beyond what is reasonably necessary to administer the gift.

Youth programme participation is governed separately by the applicable programme and consent documentation.

13. Digital adoption package

Shark Search's Adoption package is currently digital.

Unless the relevant Adoption page states otherwise, the digital package may include:

• a Shark Search Adoption certificate;
• a photograph of the adopted shark;
• species information;
• a digital species information pack;
• the relevant Shark Record or identification information presented as part of the Adoption; and
• future updates where Shark Search later receives new verified information about the individual.

Physical adoption packs or merchandise are not currently included in the standard Adoption package unless Shark Search expressly states otherwise for a particular offer.

If physical products are introduced in the future, additional delivery, return and product terms may apply.

14. Digital delivery

Digital Adoption Materials are supplied electronically using the contact information provided during the transaction or through another digital delivery method identified by Shark Search.

The Purchaser is responsible for providing an accurate email address and accurate certificate information.

Shark Search may update the visual design, layout or formatting of Adoption Materials from time to time.

A design change does not affect the validity of an Adoption already purchased.

15. Future shark updates

Shark Search may provide future updates concerning an adopted shark when Shark Search receives new verified information relating to that individual.

Updates are event-based, not supplied according to a fixed timetable.

Shark Search does not guarantee:

• a monthly update;
• an annual update;
• any minimum number of updates;
• that new information will become available; or
• that a shark will ever be resighted after the Adoption.

Where no new verified information becomes available, Shark Search may have no further update to provide.

16. No guarantee of resighting

Sharks are wild animals and their future movements cannot be guaranteed.

Shark Search does not guarantee that an adopted shark will:

• be resighted;
• return to a particular location;
• remain within a monitored area;
• appear in future photographs;
• be detected by another researcher;
• remain available for future observation; or
• generate additional scientific records.

If a shark is never resighted, the Adoption remains associated with that shark and is not automatically replaced, cancelled or transferred to another individual.

17. Tracking and location information

An Adoption does not mean that the adopted shark is continuously or electronically tracked.

Unless Shark Search expressly states otherwise for a particular shark, an Adoption does not guarantee:

• satellite tracking;
• acoustic tracking;
• tagging;
• real-time location information;
• future GPS locations;
• movement maps;
• tracking data; or
• continuous monitoring.

Future location information may arise from photographs, sightings, research observations, collaborators or other scientifically relevant records.

18. Scientific record corrections

Shark Search maintains scientific records and may correct them where new evidence or scientific review supports a correction.

Corrections may include:

• species identification;
• individual identification;
• sex information;
• sighting information;
• location information;
• database relationships;
• duplicate records;
• Shark IDs;
• scientific classifications; or
• other information associated with the Shark Record.

Where a correction materially affects Adoption Materials, Shark Search may update and reissue those materials so that they correspond with the corrected scientific record.

The ability to correct a scientific record is necessary to preserve scientific integrity and does not mean that corrections are expected to occur frequently.

19. Duplicate records and changes to Shark IDs

Scientific review may occasionally identify that two records previously considered to represent different sharks actually relate to the same individual.

Shark Search may merge duplicate records where supported by reasonable scientific evidence.

Shark Search may also amend or replace an internal Shark ID where reasonably necessary for scientific or database management.

Where this affects an Adoption, Shark Search may update the adopter's certificate or related digital information accordingly.

A scientifically justified correction or database merge does not automatically entitle an adopter to a replacement shark or refund, subject always to rights arising under applicable law.

20. Species reclassification

Scientific taxonomy and species identification can change as knowledge develops.

Shark Search may update a Shark Record where:

• a species identification is corrected;
• accepted scientific taxonomy changes;
• a common name changes;
• a scientific name changes; or
• new evidence changes the appropriate classification.

Shark Search may update corresponding Adoption Materials to maintain scientific accuracy.

21. Death or presumed death of an adopted shark

Shark Search cannot guarantee the survival, health or welfare of any wild shark included in the Adoption programme.

If Shark Search later receives credible scientific evidence that an adopted shark has died or is reasonably presumed dead, the Adoption remains associated with that individual as part of its scientific and historical record.

The Adoption will not automatically be:

• cancelled;
• refunded;
• transferred to another shark;
• reassigned; or
• replaced.

Shark Search may update the relevant Shark Record and, where appropriate, notify the adopter.

Nothing in this clause affects any mandatory legal remedy that may apply because of a separate issue with the original transaction.

22. Archival Adoption records

An Adoption may remain associated with an archived Shark Record even where:

• the shark has not been observed for an extended period;
• future monitoring ends;
• the shark is presumed dead;
• the shark is confirmed dead;
• a particular field programme concludes; or
• the Shark Record is no longer actively receiving new sightings.

Archival status does not invalidate the historical Adoption.

23. Adoption photographs and intellectual property

Shark Search Foundation Limited owns the shark photographs currently supplied as part of standard Shark Search Adoption Materials.

The purchase of an Adoption does not transfer copyright or ownership of those photographs to the Purchaser or Adopter.

Shark Search grants the Adopter a limited permission to use the supplied Adoption Materials in accordance with clauses 24 and 25.

24. Personal and social-media sharing

Adopters may use and share their Adoption certificate and supplied shark photograph for personal, non-commercial purposes.

This includes reasonable sharing through:

• personal social-media accounts;
• personal messages;
• personal digital profiles;
• family or personal displays; and
• other ordinary non-commercial personal use.

This permission does not transfer intellectual-property ownership.

25. Commercial-use restrictions

Without Shark Search's prior written permission, Adoption Materials, shark photographs, the Shark Search name, logos or other Shark Search intellectual property must not be used for:

• commercial advertising;
• commercial promotion;
• product packaging;
• merchandise;
• resale;
• licensing to another person;
• business branding;
• third-party fundraising;
• commercial sponsorship;
• fundraising representations;
• political campaigning;
• implying an official Shark Search partnership;
• implying Shark Search endorsement; or
• another commercial exploitation of the materials.

26. Adopter privacy and public recognition

Shark Search does not currently publish adopter identities as part of the standard Adoption programme.

If Shark Search introduces public adopter recognition in the future, an adopter's name or identity will only be publicly displayed where the relevant person has actively agreed to that recognition.

Public recognition will not be treated as automatically included merely because a person purchased or received an Adoption.

Personal information relating to an Adoption is otherwise handled in accordance with the Shark Search Privacy Policy.

27. Adoption prices and payment

The price payable for an Adoption is the price displayed through the applicable Shark Search Adoption page at the time the transaction is submitted.

An Adoption is not confirmed until the required payment has been successfully processed.

Shark Search may change Adoption prices prospectively.

A later price change does not retrospectively alter the amount validly charged for an Adoption already completed.

28. Payment processing and Stripe

Shark Search currently uses Stripe to process online Adoption and Donation payments.

Shark Search does not receive or store the Purchaser's full credit or debit card number.

Stripe processes payment-card information required to complete the transaction.

Shark Search may receive limited transaction information, including:

• payer name;
• email address;
• billing country;
• transaction identifier;
• payment status;
• amount paid; and
• the last four digits of the payment card.

Automatic receipts or payment confirmation communications may be issued following a successful transaction.

29. Transaction costs

29.1 Adoptions

Shark Search currently absorbs ordinary payment-processing transaction costs associated with standard Adoption purchases.

29.2 Donations

A donor may be offered an optional opportunity to contribute an additional amount towards payment-processing transaction costs.

Covering transaction costs is voluntary.

30. Adoption refunds and change of mind

Subject to the Australian Consumer Law and any other applicable law, Shark Search does not provide a refund merely because a Purchaser or Adopter changes their mind after the digital Adoption package has been supplied.

This includes circumstances where a person:

• no longer wants the Adoption;
• changes their mind about the selected shark;
• no longer wishes to give the Adoption as a gift;
• expected more frequent future updates where no update frequency was promised;
• is disappointed that a shark has not been resighted;
• is disappointed that no new location information becomes available;
• later discovers that other people may also adopt the same shark; or
• no longer has a personal use for the digital Adoption Materials.

31. Errors and corrected Adoption Materials

If Shark Search makes an error in supplied Adoption Materials, Shark Search will ordinarily seek to correct and reissue the affected digital materials at no additional cost.

This may include an error concerning:

• recipient name;
• approved shark name;
• species;
• Shark ID;
• certificate information;
• incorrect digital file; or
• another material detail supplied incorrectly by Shark Search.

Correction and reissue is the ordinary first response where it appropriately resolves the problem.

This does not limit a consumer's right to another remedy where applicable law requires one.

Shark Search is not responsible for an error caused solely by incorrect information entered by the Purchaser, but may reasonably assist with a correction where practicable.

32. Non-receipt and digital delivery problems

If expected digital Adoption Materials are not received, the Purchaser should contact Shark Search at:

Shark Search may verify:

• the transaction;
• payment status;
• the email address supplied;
• delivery status; and
• the relevant Adoption record.

Where appropriate, Shark Search may resend or reissue the digital materials at no additional cost.

Shark Search does not impose a contractual deadline that removes a consumer's statutory rights merely because a delivery issue was not reported within a particular number of days.

33. Donations

Shark Search may accept:

• one-off Donations;
• recurring Donations; and
• Donations to specific fundraising campaigns.

A Donation does not give the donor:

• ownership of Shark Search;
• ownership of a shark;
• ownership of Shark Search research;
• control over Shark Search;
• a voting right;
• management authority;
• ownership of project assets; or
• a proprietary interest in scientific data.

Nothing in this clause affects any separate legal membership, sponsorship or contractual arrangement expressly entered into by Shark Search.

34. Donation purposes and campaign allocation

34.1 Ordinary donations

Unless a different purpose is clearly stated, Shark Search's ordinary Donation programme is intended to support Shark Search's education activities.

Funds may be applied to reasonable costs associated with delivering and administering those education activities.

34.2 Specific campaigns

Shark Search may establish separate fundraising campaigns for purposes including:

• scientific research;
• field research;
• education;
• conservation;
• equipment;
• a defined project; or
• another stated Shark Search purpose.

Where a Donation page expressly identifies a specific funding purpose, Shark Search will administer those funds consistently with the representations made for that campaign and applicable law.

35. Recurring donations

Shark Search may allow a donor to choose a recurring Donation.

A recurring Donation authorises the relevant payment arrangement to continue according to the payment frequency selected by the donor until cancelled.

Shark adoptions are not currently recurring transactions and are not automatically renewed.

36. Cancellation of recurring donations

A donor may cancel a recurring Donation at any time before the next scheduled payment is processed.

Cancellation stops future scheduled Donations.

Cancellation does not ordinarily reverse a Donation that was already validly processed before the cancellation took effect.

Cancellation may be administered through the available payment interface or by contacting Shark Search.

If a recurring Donation is charged after a valid cancellation should reasonably have taken effect, Shark Search will investigate the transaction and provide an appropriate remedy where the payment was processed in error.

37. Donation refunds

Donations are ordinarily treated as voluntary contributions once validly processed.

However, Shark Search may provide a refund where appropriate, including where:

• a duplicate Donation was accidentally processed;
• the same Donation was charged more than once;
• a Donation was genuinely made in error;
• Shark Search processed an incorrect amount;
• a recurring Donation was processed after a valid cancellation should have taken effect;
• fraud or unauthorised payment is established through the appropriate process; or
• a refund is otherwise required by applicable law.

Shark Search may request reasonable information to verify the payment and the basis of the refund request.

Genuine mistaken-payment requests should be made as soon as reasonably practicable after the donor becomes aware of the error.

Shark Search does not impose an arbitrary short deadline that removes a right which applicable law otherwise provides.

Where a refund is approved, Shark Search will ordinarily seek to return the relevant amount through the original payment method where reasonably practicable.

38. Payment disputes and chargebacks

If you believe a Shark Search transaction is incorrect, duplicated, unauthorised or otherwise problematic, you may contact Shark Search so that the transaction can be investigated.

Nothing in this Policy prevents a cardholder from exercising rights available through their financial institution or payment provider.

Shark Search may provide transaction records and other relevant information to Stripe, a financial institution or another authorised payment participant where reasonably necessary to investigate or respond to a legitimate payment dispute.

Fraudulent or knowingly false chargeback claims may be disputed using the relevant payment-provider process.

39. Tax deductibility

Shark Search Foundation Limited does not currently represent that Donations or Adoption payments are tax deductible.

A payment receipt, Donation confirmation or Adoption receipt does not itself establish entitlement to a tax deduction.

Shark Search will not represent that a Donation is tax deductible unless the organisation has the necessary legal status and the particular payment satisfies applicable taxation requirements.

If Shark Search's tax status changes in the future, the relevant website disclosures and this Policy may be updated.

40. Australian Consumer Law and statutory rights

Nothing in this Policy excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified.

This includes rights that may arise under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

Where consumer guarantees apply, the remedies available depend on the nature and circumstances of the relevant failure.

Shark Search's policy of not providing refunds for ordinary change of mind after digital Adoption Materials have been supplied does not apply where applicable law gives the consumer a right to a remedy.

Shark Search will not rely on this Policy to deny a statutory remedy merely because the transaction involves digital material or an Adoption programme.

41. Liability

Nothing in this clause limits liability to the extent that such liability cannot lawfully be limited.

Subject to that qualification, Shark Search is not responsible merely because:

• an adopted shark is not resighted;
• an adopted shark moves away from an observed area;
• future photographs are unavailable;
• future location information is unavailable;
• no further update becomes available;
• a wild shark dies;
• a wild shark is presumed dead;
• a Shark Record is scientifically corrected;
• a Shark ID is changed;
• duplicate Shark Records are merged;
• accepted taxonomy changes;
• a scientific interpretation develops over time; or
• another person also adopts the same shark.

These matters reflect the nature of wildlife research and do not, by themselves, constitute a failure to provide an Adoption as described at the time of purchase.

Shark Search does not exclude responsibility for fraud, wilful misconduct or another liability that applicable law does not permit Shark Search to exclude.

42. Third-party payment and technical services

Shark Search may rely on third-party service providers for payment processing, email delivery, website hosting and other technical functions associated with Adoption and Donation transactions.

A technical failure within an independent provider may occasionally delay payment confirmation or digital delivery.

Where Shark Search becomes aware of a problem affecting a transaction, Shark Search may take reasonable steps to investigate, resend materials or otherwise resolve the issue.

This clause does not exclude any responsibility Shark Search has under applicable law.

43. Changes to the Adoption programme

Shark Search may develop or change the Adoption programme over time.

Future changes may include:

• new shark species;
• new Adoption tiers;
• new digital materials;
• different certificate designs;
• new supporter benefits;
• physical adoption packs;
• merchandise;
• new naming arrangements;
• different prices; or
• changes to future Adoption offerings.

A prospective programme change does not retrospectively remove a material benefit that Shark Search was legally required to provide under an already completed transaction.

Shark Search may discontinue offering new Adoptions without invalidating historical Adoption records already issued.

44. Changes to this Policy

Shark Search may update this Policy where reasonably necessary to reflect:

• changes in law;
• changes in the Adoption programme;
• changes in Donation arrangements;
• changes in payment providers;
• new products or services;
• scientific developments;
• changes in Shark Search's organisational activities; or
• improvements to legal or administrative processes.

The current version will be published with an updated effective or last updated date.

A later amendment will not retrospectively remove a right already accrued under a completed consumer transaction where doing so would be unlawful or unfair.

45. Governing law and jurisdiction

This Policy and transactions governed by it are subject to the laws of New South Wales, Australia.

Subject to any mandatory right that a consumer or other person has under applicable law, the courts of New South Wales and courts hearing appeals from those courts have jurisdiction in relation to disputes arising from this Policy.

Nothing in this clause removes a mandatory consumer protection, remedy or forum right that applicable law does not permit the parties to exclude.

46. Severability and waiver

If a provision of this Policy is invalid, unlawful or unenforceable, that provision is to be interpreted or limited to the minimum extent reasonably necessary to make it valid and enforceable where possible.

If that is not possible, the affected provision may be severed without invalidating the remaining provisions.

A failure or delay by Shark Search to exercise a contractual right does not automatically waive that right.

47. Priority of terms

This Policy specifically governs Adoption, Donation, refund and cancellation matters.

It should be read together with the Shark Search Website Terms and Privacy Policy.

If there is an inconsistency:

• this Policy prevails over the general Website Terms in relation to Adoption, Donation, refund and recurring-Donation cancellation matters;
• the Privacy Policy governs Shark Search's handling of personal information; and
• a specific campaign or transaction term expressly presented and accepted for a particular transaction may prevail for that specific matter, subject to applicable law.

48. Contact

For Adoption, Donation, cancellation, payment, refund, correction or policy enquiries, contact:

To assist Shark Search in locating a transaction, you may be asked to provide information such as:

• your name;
• the email address used for the transaction;
• the transaction or order reference;
• the relevant Adoption or Donation details; and
• a brief explanation of the issue.