Online Fundraising

Terms and Conditions
Terms & Conditions of Sydney Children's Hospital Foundation | Pedal 4 Kids 2017

RISK WARNING,

TERMS AND CONDITIONS OF PARTICIPATION AND COLLECTION STATEMENT

(including Exclusion of Liability and Indemnity)

FOR 2017 SYDNEY CHILDREN’S HOSPITAL FOUNDATION

Pedal 4 Kids

 

Risk Warning

2017 Sydney Children’s Hospital Foundation’s Pedal 4 Kids (the event) is a recreational activity which is dangerous.  Any activity associated with riding a bicycle may result in personal injury or damage to property.  In particular, the activity will involve riding on public roads where a collision or act to avoid a collision may involve serious personal injury or damage to property.

You participate in the event at your own risk.

This warning is given by Sydney Children's Hospital Foundation on its own behalf and on behalf of all persons or organisations involved in the conduct of the event.  Under Division 5 of the Civil Liability Act 2002 these persons shall not be liable in negligence for harm suffered by a participant.

If you are under 18 this warning is addressed to your parent or any other adult person accompanying you.

Terms and conditions – including Exclusion of Liability and Indemnity

These terms and conditions are in addition to and not in derogation of the Risk Warning.

Permission to participate in 2017 Sydney Children’s Hospital Foundation’s Pedal 4 Kids (the event) is given by Sydney Children's Hospital Foundation on its own behalf and on behalf of and for the benefit of Mildren Events, any of the Participants Support Crew, any Landowner, Venue owner or other person involved in the conduct of the event including any employee, agent or contractor of the foregoing and any volunteer.

In consideration of Sydney Children’s Hospital Foundation permitting the Participant to take part in the Event, the Participant agrees to these Terms and Conditions:

1.  In these terms and conditions:

"Claim or Demand” means any claim, demand, action, proceeding, judgement, order, award of damage or costs of any nature whatsoever.

"Event Providers'" means  any and all persons included in the definitions of the Sydney Children's Hospital Foundation, Mildren Events, the Participants Support Crew, any Landowner or Venue Operator

“Landowner” means and includes the owner, lessee or occupier of any land and any employee, agent or independent contractor of any such person;

“Mildren Events” means and includes Mildren Corporate and Events and each of its director’s employees, agents and independent contractors and any volunteer assisting it in connection with the Event.

“Participant” includes the legal or personal representatives of the Participant;

“Participants Support Crew” means and includes (but is not limited to) each person travelling with the Participant in his vehicle and each person assisting the Participant in any way including (but not limited to) a mechanic, a member of a mobile workshop team or supply team or any person acting in that capacity and their legal or personal representatives;

“Sydney Children’s Hospital Foundation” means and includes Sydney Children’s Hospital Foundation and each of its officers, members, employees, agents and independent contractors and any volunteer assisting it in connection with the Event.

“Venue Operator "means and includes the owner, lessee or occupier of any hospitality and or entertainment venue and any employee, agent or independent contractor of any such person.

2  The Participant acknowledge that the event involves a risk of personal injury to, or damage to property of the Participant or others.

3.  The Participant  participates in the event solely at their own risk.

4.  The Participant should consider  insuring in respect of the risks involved in the event and in particular hold or arrange Private Health Insurance with Ambulance Cover and personal accident insurance.

5.  The Participant  acknowledges and agrees that  no person who is an Event Provider is liable for any loss or damage of whatever nature suffered by or caused by the Participant in relation to the event, arising from any act or omission of any Event Provider, including an act or omission that is negligent, or misleading or deceptive.

6  The Participant shall not make any Claim or Demand against any Event Provider for any loss or damage of whatever nature suffered by or caused by the Participant in relation to the event, arising from any act or omission of any Event Provider, including an act or omission that is negligent, or misleading or deceptive.

7.  The Participant indemnifies and shall keep indemnified all Event Providers from and against every Claim or Demand arising from any act or omission of any Event Provider, including an act or omission that is negligent, or misleading or deceptive that arises by reason of any act or omission of any type of the Participant (including acts or omissions that are negligent , intentional or which involve any breach of law).

8.  Other than as provided for in clause 9, this Indemnity operates according to its terms and shall not be read down nor shall these terms and conditions be affected or altered in any manner, notwithstanding that the Participant may have been induced to participate in the Event by representations made by or on behalf of Sydney Children’s Hospital Foundation.

9.  It is not intended that these terms and conditions will prevent the recovery of damages by a Participant  from the owner or driver of a motor vehicle or a nominal defendant where the vehicle is covered by a policy of insurance under the Motor Accidents Compensation Act 1999 or where the nominal defendant is otherwise liable under that Act but only on the basis that any such damage is not recoverable by way of subrogation or otherwise from any other Event Provider who is not indemnified by the policy or the Act.

10  These terms and conditions shall be governed by and construed in accordance with the law of New South Wales and in relation to any matter arising from participation in the event the Participant agrees to submit to the exclusive jurisdiction of the Supreme Court of New South Wales  or a lower court in New South Wales with jurisdiction to determine the matter .  If any of these terms and conditions may not operate by reason  of a law that may not be contracted out of then, they shall be read down but only to the extent necessary to comply with the law.

11.   The Participant will pay all entry fees and other charges imposed by Sydney Children’s Hospital Foundation in respect of the Event.

Collection statement

The Sydney Children's Hospital Foundation Limited (ACN 003 073 185) (the Foundation) respects the privacy of individuals about whom we collect personal information.  The personal information the Foundation collects from you when participating in the Pedal 4 Kids bike ride is collected for the purposes of managing the event and sending you information about the Foundation's services and for other purposes set out in our privacy policy at www.schf.org.au/content/Privacy.aspx.  If you do not provide this information, the Foundation may not be able to allow you to participate in the Pedal 4 Kids bike ride and send you information about the Foundation's services.

You acknowledge that the information you provide will be collected by or on behalf of the Foundation and may be disclosed to third parties for the purposes outlined above or as required by law. Such third parties may include information technology suppliers, communications suppliers and other third party suppliers and business partners of the Foundation.

The Foundation's Privacy Policy, available at www.schf.org.au/content/Privacy.aspx, explains how the Foundation collects, uses and discloses personal information and how you may access and correct the personal information that is held about you. It also tells you how you may contact the Foundation to complain about a breach of the Privacy Act, and how such a complaint will be dealt with. If you have any queries or would like further information about the Foundation's privacy policies or practices, please contact the Privacy Officer at Sydney Children's Hospital Foundation, Locked Bag 5, Randwick NSW 2031, email info@schf.org.au or call 02 9382 1188.

In providing your personal details to the Foundation, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy.

Acknowledgement of Risk Warning and Acceptance of Terms and Conditions and Collection Statement

I have read and understood the Risk Warning, the Terms and Conditions of Participation and the Collection Statement and I agree to participate in the Pedal 4 Kids bike ride:

 

   Signed by:

   (print name)

 

    Signature

   If you are under 18 years of age, then signed      b by your parent or guardian:

 

(  (print name)

 

   (signature)

 

   Contact number

 

 

 

 

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                             SCHF Privacy Policy

 

All pages and content including photographs within this site, including without limitation all HTML code and software, are the intellectual property of, or are authorised for use by, Sydney Children's Hospital Foundation or its affiliates. You may not adapt, reproduce or communicate any part of the pages and content within this site without the prior written consent of Sydney Children's Hospital Foundation.

Information Collected

When visiting this website the Sydney Children's Hospital Foundation site server makes a record of the visit and logs the following information for statistical purposes:

·         The user's server address - this allows us to consider the visitors who use the site most, and tailor the site to their interests and needs.

·         The user's operating system (for example Windows, Mac etc.) - this allows us to tailor browser or platform specific parts of the site to each operating system because browsers act differently on each platform.

·         The user's top level domain name (for example .com, .gov, .au etc.) - this can allow us to tailor information relevant to different domains.

·         The date and time of the visit to the site - this is important for identifying the website's busy times and ensuring maintenance on the site is conducted outside these periods.

·         Pages accessed and documents downloaded - this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find.

·         Pages accessed and documents downloaded - this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find.

·         Duration of the visit - this indicates to us how interesting and informative our site is to our users.

·         Geographic location - this shows us how well marketed our site is internationally.

·         The type of browser used - this is important for browser specific coding e.g. Javascript Access to information collected.

Access to Information Collected

Sydney Children's Hospital Foundation will not make an attempt to identify users or their browsing activities. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service Provider's logs.

Contact Us if you have time available during the day and want to help.

Use of Information Collected

We will only record your e-mail address if you send us a message. Your e-mail address will only be used for the purpose for which you have provided it, for any related purpose which you might reasonably expect or, for any other purpose you agree to.

Cookies

To ensure we are publishing content customers need and want, Sydney Children's Hospital Foundation collects aggregated site-visitation statistics using cookies. When someone visits the site, a cookie is placed on the customer's machine (if the customer accepts cookies) or is read if the customer has visited the site previously. If you choose to not have your browser accept cookies from Sydney Children's Hospital Foundation website, you will need to re-enter your personal information each time that you attempt to access information.

Security of Information

Sydney Children's Hospital Foundation is concerned about the security of your information. To prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption technology when collecting or transferring sensitive data such as credit card information.

External Links

This site contains links to other sites. Sydney Children's Hospital Foundation is not responsible for the privacy practices or the content of such websites. Sydney Children's Hospital Foundation has no knowledge if cookies or other tracking devices are used on linked websites.

Acceptance of Terms

By using Sydney Children's Hospital Foundation website, you signify your assent to this Privacy Policy. If Sydney Children's Hospital Foundation updates or changes this Privacy Policy, the changes will be made on this page. Your continued use of Sydney Children's Hospital Foundation website following the posting of changes to this Privacy Policy will mean you accept those changes.

Contact this Office

Please contact this office for further information during business hours on telephone 02 9382 1188, or by emailing

schfoundation@sesiahs.health.nsw.gov.au or by writing to the Privacy Officer at the Foundation at Locked Bag 5, Randwick. NSW 2031

GENERAL DISCLAIMER

When visiting this website the Sydney Children's Hospital Foundation site server makes a record of the visit and logs the following information for statistical purposes: 

·         The information contained in this site is current as at 01 April 2006. The information is only intended to be of a general nature for information purposes only and should not be relied upon by any party without obtaining full details from the Sydney Children's Hospital FoundationSydney Children's Hospital Foundation has no responsibility to update the information on the website having regard to information which becomes available or facts or circumstances arising or coming into existence after that time.

·         All information contained in this site, including without limitation our Privacy Policy and this disclaimer, is subject to change at any time without notice.

·         Transactions made through this site will generally be acknowledged immediately but may not be processed until the next working day.

·         Use of this site is at your risk. By accessing this site you agree, to the maximum extent permitted by the law, that none of the Sydney Children's Hospital Foundation, its affiliates or any of their directors, officers, respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss (including loss of profits, loss of revenue and loss of data), damages or reliance in connection with, this site, its use, its content or any products or services (including our products and services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

·         Your reliance on the completeness, accuracy, suitability or currency of the site or its content failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alternation or unauthorised access to records accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk; and defamatory, threatening, offensive or unlawful conduct of third parties.

·         Sydney Children's Hospital Foundation will not be liable for any loss caused by unauthorised access or breach of security through this site and will not be liable for any loss or damage if a transaction is not effected or is delayed or is in error, for any reason.

·         Sydney Children's Hospital Foundation does not guarantee the accuracy of information on this site including information provided by third parties linked to this site.

·         All pages and content within this site, including without limitation all HTML code and software, are the intellectual property of, or are authorised for use by, Sydney Children's Hospital Foundation or its affiliates. You may not adapt, reproduce or communicate any part of the pages and content within this site without the prior written consent of Sydney Children's Hospital Foundation.

Sydney Children's Hospital Foundation respects and is committed to protecting the privacy of individuals. We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act). Where appropriate we rely on the employee record exemption in the Privacy Act.

1. We will only collect information that is necessary for what we do

Sydney Children's Hospital Foundation is engaged in fundraising. Sydney Children's Hospital Foundation collects personal information about individuals who are, or who are employed by, our donors, volunteers, other supporters, consultants and service providers. This information includes personal particulars, records of previous support, applications for support and the history of the Foundation's dealings with individuals and organisations. We collect and hold only the information necessary for the Foundation to pursue its important charitable work. No personal information from hospital patient records is collected or held by the Foundation. Information about patients and their families used in the Foundation's promotions is collected from the patients and families themselves and used only with their written permission.

2. We will tell you who we are and what we intend to do with the information about you

Whenever we collect information we will identify ourselves as Sydney Children's Hospital Foundation and explain the reason why we have contacted you. If you decide to support the work of the Foundation, we may ask you for information that will be used to contact you again about the work of the Foundation. You can ask us at any time not to contact you again.

3. We will usually collect personal information directly from you

The Foundation always prefers to collect personal information directly from you. From time to time, the Foundation does use information from third parties about people and organisations that we think may be interested in the work of the Foundation.

If you ask us to, we will usually be able to tell you where we obtained information from.

4. We will only use or disclose information about you in ways that you agree or are consistent with your expectations

Sydney Children's Hospital Foundation will not sell or trade in your personal information without your prior permission. We use the information you have provided to carry out the functions and activities of the Foundation. Unless you ask us not to we will also use your information to keep you informed about the activities of the Foundation, the activities of the Sydney Children's Hospital and Area Health Service and about the medical and health research funded by the Foundation and to ask for your support.

5. We will take reasonable steps to ensure that the information about you is accurate when we collect or use it

It is in our mutual best interest to accurately record the personal information we collect from you and we welcome the opportunity to ensure that the information is accurate and up to date. If, in any of our communications with you, you become aware of any inaccuracy, please contact us so that we can correct our records.

6. We will keep information about you secure

The Foundation takes all reasonable measures to ensure that personal information is held securely. We take appropriate physical and personnel security measures to protect written material on our premises and we use appropriate security procedures to deny access to electronic records including internal data access control and protective measures to provide protection against intrusions from external sources.

7. We will be open with you about what kinds of personal information we hold and what we do with it

If you have any questions about the kinds of personal information we hold and what we do with it, we invite you to please contact the Foundation's Privacy Officer, who will make every reasonable effort to provide the information you need. You can do that by contacting the Foundation during business hours on telephone 02 9382 1188, or by emailing

schfoundation@sesiahs.health.nsw.gov.au or by writing to the Privacy Officer at the Foundation at Locked Bag 5, Randwick. NSW 2031.

8. Wherever possible we will let you see the information we hold about you and correct it if it is wrong

Should you wish to see the personal information about you held by the Foundation, you should make application to the Foundation's Privacy Officer, who will, wherever possible, provide you with details of the information we hold about you and provide you with an opportunity to correct it. Requests to access the personal information about you will need to be made in writing and submitted in person to the Privacy Officer. For security purposes, the Privacy Officer will verify your identification prior to allowing you access to your personal information. We may deny your request for access in some circumstances. If we do this we will tell you why. Minor corrections, such as change of address information, can be made over the phone as long as the Privacy Officer is satisfied that the person requesting the correction is the person about which we hold the information. Corrections will not be made if they are requested by someone who is not the actual person about which we hold the information.

9. If we can (and you want to) we will deal with you anonymously

We can accept your gifts and other forms of support anonymously however the requirements for the tax deductibility of gifts and the issue of tax deductible gift receipts, contained in the Income Tax Assessment Act require the Foundation to collect the name of the donor if the donor wishes a tax deductible receipt.

10. We will take steps to protect your privacy if we send personal information about you to a third party

The Foundation does not sell or exchange personal information with any third party for gain or for advantage. We do use commercial mail preparation services to help the Foundation with large-scale mail promotions and personal information is passed to these service providers in electronic format. The Foundation ensures that your privacy is protected when we use third parties by ensuring that we only do business with reputable mail processing companies that have a strong privacy policy and on the condition that they do not use the Foundation's data for any other purpose.

11. We will limit the collection of highly sensitive information about you

The Foundation has little need to collect highly sensitive information about any person. However there are circumstances where such information is collected and held for a short period. Such circumstances may include details of certain criminal offences committed by applicants for children's services-related volunteers and certain referee reports held in respect of applications. The Foundation does not wish to hold such sensitive information for any longer than it absolutely must to carry out it legitimate function and will destroy such sensitive information as soon as is practicable after its legitimate use.

12. If you have a complaint, we will do what we can to respond and address the problem quickly

If you have a complaint about any privacy matter you should contact the Foundation's Privacy Officer. You can do that by contacting the Foundation during business hours on telephone 02 9382 1188, or by emailing

schfoundation@sesiahs.health.nsw.gov.au or by writing to the Privacy Officer at the Foundation at Locked Bag 5, Randwick. NSW 2031.

- See more at: http://www.schf.org.au/content/Privacy.aspx?#sthash.UfAhkf1V.dpuf

 

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
  2. These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
  3. By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

New Zealand Users and NZ Non-Profit Organisations

  1. If You have accessed this website from New Zealand, and/or:
    1. wish to donate to a New Zealand Non-Profit organisation with Registered Charitable Status or Donee Tax Status, the Terms governing Your use of the Platform are here.
    2. you are a Non-Profit Organisation and wish to use the GoFundraise Platform for fundraising, then the Terms for New Zealand will govern Your use of the Platform, and You must also agree to additional terms here.

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

  1. GoFundraise charges a small service fee of between 0.49% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary, or Organisation. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Direct donations to a Charity's fundraising portal (located at www.gofundraise.com.au/beneficiaries/search) are charged at the amazingly low administration fee of 0.49% service fee + GST and processing cost. Other transactions are charged at the rate based on their plan.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt) . These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
  3. An example of the way this fee structure works for a direct donation to a Charities fundraising portal is as follows:

    Total Donation $30.00
    Administration fee of 0.49% $0.15
    GST @ 10% $0.01
    Credit card processing fee 1.1% $0.33
    Credit card fee per transaction $0.20
    Total fees $0.69
    Donation to charity $29.31
    Charity Reclaim GST $0.04
    Total Net Amount To Charity $29.35
  4. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

  1. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $2.00 AUD.
  2. To cancel a Regular Giving payments the User must email support@gofundraise.com.au or calling 1300 889 272 or + 61 29326 9877. Cancelations take up to 7 working days to take effect.

    Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled.

    It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please call 1300 889 272 or + 61 29326 9877 immediately.

    All receipts will be generated and emailed to you on the day your regular payment is made and are available for download under the Users My Donation and Purchases area.

Ticket Sales and Raffles

  1. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

  1. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:
    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
  5. In addition, You must not use the Platform to:
    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at support@gofundraise.com.au

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.
  2. A notice given in accordance with clause 41 above, will be deemed received:
    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars.
  4. Terms & Conditions updated June 2017