Terms & Conditions of Sleep Under The Stars 2024

STEPPING STONE HOUSE LIMITED
 
PO BOX R512 · ROYAL EXCHANGE, NSW 1225 · Australia
 
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND THE RIGHTS OF YOUR CHILD- PLEASE READ CAREFULLY BEFORE YOU AGREE TO THESE TERMS AND CONDITIONS. 
 
TERMS AND CONDITIONS – Stepping Stone House – Sleep Under the Stars 2024
 
1. PARTICIPATION
 
1.1 My and / or my child(ren)'s participation and involvement in the event, Sleep under the Stars (Event), hosted by Stepping Stone House Limited t/as Stepping Stone House (ABN 21 191 277 100) (SSH), and / or the activities associated with the Event (each an Activity) are governed by the full terms and conditions as set out in this document (Terms and Conditions).
 
1.2 By signing this document, I confirm that I understand, agree to, and accept the Terms and Conditions in full.  I acknowledge that if I do not understand, agree to, or accept, the Terms and Conditions, I may not attend, participate or otherwise involve myself or my child in the Event or an Activity.
 
2. ACTIVITY AND ASSOCIATED RISKS
 
2.1 I have chosen to participate in and / or to have my child / children participate in Sleep Under the Stars to be held on Stargazer Lawn in Barangaroo on [Friday, 25 October 2024or remotely at a location of my choice on a date in [October].
 
2.2 I acknowledge that I am, and remain, responsible for my own health and safety and for my child(ren)’s health and safety at all relevant times before, during and after the Event or an Activity.
 
2.3 I am the parent or legal guardian of the child(ren) named on the execution page of these Terms and Conditions.  I certify and warrant that I have the authority to sign these Terms and Conditions on behalf of the child(ren) named below and further certify and warrant that I have the authority and legal right to make decisions for the child(ren) including in respect of the child(ren)’s participation in the Event and/or an Activity.
 
2.4 I understand that participating in the Event and / or an Activity can be dangerous, and that I and/or my child(ren) may be exposed to dangers, risks and/or hazards, including but not limited to: hot and/or cold temperatures, slips, falls, fractures, concussion, injury from over exertion, contraction of a disease, illness or virus (including COVID-19), equipment failures, dehydration, faulty facilities and / or intervention and/or negligence of any persons (including third parties).
 
2.5 I acknowledge SSH’s recommendation to inform my friends and/or family of my intentions to participate in the Event and / or an Activity prior to doing so.  I agree to carry out all reasonable and necessary precautions in relation to my participation and/or my child(ren)’s participation in the Event and / or an Activity, including but not limited to carrying a mobile phone and ensuring my child(ren)'s emergency contact details (as well as my own) have been provided to SSH in writing prior to my and / or my child(ren)'s participation in the Event or an Activity.
 
2.6 I understand that the Event and / or an Activity, including sleeping outdoors or in the open and otherwise participating in any aspect of the Event or an Activity, may be a dangerous recreational activity within the definition of the Civil Liability Act 2002 (NSW).  I further understand that SSH, and its servants and agents (including without limitation its officers, employees, volunteers, sub-contractors and contractors) will have no liability for any injury or damage to me or my child(ren), which has been caused by, or arisen in connection with, the participation of me and/or my child(ren) in the Event or an Activity.
 
2.7 I further understand that as a consequence of participating in the Event and/or an Activity remotely, I or my child(ren) may suffer serious harm, injury or death, or that property may be damaged.  I acknowledge that I am responsible for my own safety and the safety of my child(ren), and will ensure that my chosen location for myself and / or my child(ren) is reasonably safe.
 
2.8 I will supervise my child(ren) in their participation in the Event and / or an Activity and will take full responsibility for their actions.  I acknowledge and understand that SSH assumes no responsibility for monitoring, supervising, or otherwise directing the actions of my child(ren) during their participation in the Event and / or an Activity.
 
2.9 I agree that I and my child(ren) will comply with any and all applicable local, state and federal laws, guidelines, directions and orders in effect at the time of the Event and / or an Activity.
 
2.10 I understand that participation in an online Event and / or an Activity may be contingent on having access to adequate technology and internet connectivity.  I acknowledge and agree that it is my responsibility to ensure that I and/or my child(ren) have adequate technology and internet connectivity to participate in an online Event and / or Activity.  I agree that SSH will not be responsible for any failure to log in, stay connected or participate in any aspect of the Event and / or an Activity due to an issue with internet connectivity or technology.
 
3. ASSUMPTION OF THE RISKS
 
3.1 I acknowledge that participation in an Event and / or Activity is done voluntarily of my/my child(ren)'s own free will and at my own risk and my child(ren)'s own risk.
 
3.2 I voluntarily assume any and all risks (including those referred to in paragraph 2.4 above), including any harm, loss, damage or injury which may occur to me, my child(ren) or property as a result of, or in connection with, my participation or my child(ren)'s participation in the Event and / or an Activity (including during transportation before or after the Event and/or an Activity), including but not limited to, any loss, injury or damage caused by the negligence of SSH, its servants or agents (including without limitation its officers, employees, volunteers, sub-contractors and contractors).
 
3.3 I agree and understand that any equipment that is used by me and / or my child(ren), whether that equipment is owned by SSH, myself, my child(ren), or any other provider, or is rented or borrowed by me for use by me and/or my child(ren), is used by me at my own risk and / or by my child(ren) at their own risk.
 
3.4 I agree and understand that any and all equipment used, rented or borrowed by me and/or my child(ren), is provided or otherwise offered without any warranty by SSH as to its condition, fitness or suitability.
 
4. RELEASE AND INDEMNITY
 
4.1 To the full extent permitted by law, I agree to release, indemnify and hold harmless SSH and its servant and agents (including without limitation, its officers, employees, volunteers, sub-contractors and contractors) (each a Released and Indemnified Party and together the Released and Indemnified Parties) from any and all liability, claims, rights or causes of action (including in respect of any injury, loss, death or harm that occurs to me and / or my child(ren) arising howsoever from, or otherwise in connection with, my participation, or my child(ren)'s participation in the Event or an Activity whether caused by the negligence of a Released and Indemnified Party or otherwise.
 
4.2 I agree not to sue or make a claim against any of the Released and Indemnified Parties for death, injury to loss or harm that occurs to me and/or to my child(ren) arising howsoever from, or otherwise in connection with, my participation or involvement, or my child(ren)'s participation or involvement in the Event or an Activity whether caused by the negligence of a Released and Indemnified Party or otherwise.
 
4.3 I agree that these Terms and Conditions form an enforceable release of liability and indemnity of the Released and Indemnified Parties, by me and by my child(ren).
 
4.4 I further agree that in the event of my death, or the death of my child(ren) that this release of liability and indemnity will be binding on my estate, and the estate of my child(ren), and will therefore bind my executor, administrator or guardian and my child(ren)'s executor/s, administrator/s or guardian/s, such that they will be required to enforce the terms of this release of liability and indemnity.
 
4.5 TEAMS
 
4.6 I understand that I and/or my child(ren) may choose to participate in the Event or an Activity in a team. I accept that a team may consist of two or more participants.
 
4.7 I acknowledge that if I choose to enter as part of a team, I will provide SSH with the name and contact of my team co-ordinator. I agree that SSH or its authorised representatives may contact my nominated team coordinator and/or exchange my personal information and/or my child(ren)'s personal information, which I have provided to SSH, with my nominated team co-ordinator.
 
5. FUNDRAISING
 
5.1 I will aim to fundraise a minimum of $250.00 per individual participant (over 18 years of age) for Stepping Stone House.
5.2 I understand that donations can be made online via the GoFundraise website. (https://www.gofundraise.com.au/).  Use of, and access to, the GoFundraise website is governed by the terms of the GoFundraise website, which may be updated from time to time.
 
6. MEDICAL INFORMATION
 
6.1 I warrant that I am free from any injury, medical condition, disability, disease, illness or other factor (including without limitation, pregnancy) which may limit my ability to participate in, or be aggravated by my participation in, the Event and / or an Activity.
 
6.2 I warrant that my child/ children is / are free from any injury, medical condition, disability, disease, illness or other factor (including without limitation, pregnancy) which may limit my child(ren)'s ability to participate in, or be aggravated by my child(ren)'s participation in, the Event and / or an Activity.
 
6.3 I understand and acknowledge that I should seek medical advice prior to myself and/or my child(ren) participating in the Event and/or an Activity if I have any concerns in respect of my own or my child(ren)'s physical and / or mental condition or otherwise ability to safely participate in the Event and / or an Activity.
 
6.4 I understand and acknowledge that SSH assumes no responsibility to provide medical care during the, or in connection with, the Event and/or an Activity.  I understand that it is solely my responsibility to arrange, and pay for, any medical care or treatment that I and/or my child(ren) may require as a result of, or in connection with, my own or my child(ren)'s participation or involvement in the Event and/or an Activity.
 
6.5 I will provide an emergency contact name and phone number when requested by SSH, its employees or authorised representatives, and authorise SSH and any of its employees or authorised representatives, to contact my emergency contact and to provide my personal information in circumstances where they, in their discretion, consider it necessary to do so.
 
7. USE OF NAME OR PICTURE
 
7.1 If I choose to participate in the Event and / or an Activity at Stargazer Lawn in Barangaroo on [Friday, 25 October 2024], subject to clause 7.2 below, I consent to the publication and/or use of the image, voice, statement, name or fundraising result of me, and of my child(ren), in any form of media whatsoever including without limitation, advertising and promotions for future events or activities hosted, organised or facilitated by SSH without payment or compensation.
 
7.2 Such consent as set out in clause 7.1 above may be withdrawn in writing at any time by way of notice to SSH.  If the consent provided in clause 7.1 is revoked pursuant to this clause, after the Event and / or an Activity has taken place, I acknowledge that SSH will remove from publication, the use of my and / or my child(ren)'s image, voice, statement, name or fundraising result from its website, or any other media or publication (including social media pages) that SSH may have used to make the publication.  However, I acknowledge that SSH is not required to, nor has the ability to, remove any use of my or my child(ren)'s image, voice, statement, name or fundraising result from any other location such as in the public sphere, and is not liable for any matters including use of my or my child(ren)'s image, voice, statement, name or fundraising result by any third party.
 
8. AGREE WITH & ABIDE BY RULES
 
8.1 I agree to read all rules, guidelines and conditions in respect of the Event and the Activities and comply with them as well as ensure that my child(ren) complies/y with them.
 
8.2 I agree to follow the rules of any and all Activities, and to ensure that my child(ren) also follow/s the rules of any and all Activities they participate in.
 
8.3 I acknowledge that SSH, its employees and/or authorised representatives may remove me and/or my child(ren) from the Event or Activity:
 
a. if my behaviour or the behaviour of my child(ren) is considered by SSH, its employees or authorised representatives, to be inappropriate, offensive, or abusive;
b. to prevent damage to any property
c. on medical or health and safety grounds (including to prevent possible harm or injury to myself, my child(ren) or any other person);
d. to prevent or arrest any form of unauthorised marketing, collection or monies or ambush marketing; or
e. if I am considered by SSH, its employees or authorised representatives to be under the effect of alcohol or any drug.
 
9. REFUNDS
 
9.1 I acknowledge that under no circumstances will a refund be provided for donations made. 
 
9.2 I agree that my participation in the Event and/or an Activity is not transferable by me or my child(ren) to any other person, and that no other person is permitted to participate in the Event and/or an Activity in my place or in the place of my child(ren) as registered participant/s.
 
10. MISCELLANEOUS
 
10.1 I confirm that I have read the information pack in relation to the Event available, including for download at www.sleepunderthestars.com.au and understand its contents.  I agree to continue to keep myself updated with any further information that SSH provides in respect of the Event and / or an Activity on its website.
 
10.2 I agree that if any part of these Terms and Conditions is found to be invalid, void, illegal or unenforceable, the remaining provisions will continue to be in full force and effect.  Upon such determination that any provision in these Terms and Conditions is invalid, void, illegal or unenforceable, such provision will be deemed modified to the extent necessary and permitted by law, so as to make it valid and enforceable and to give effect to the spirit and purpose of the original provision and of the Terms and Conditions overall.
 
10.3 I agree and acknowledge that SSH has no control over, and assumes no responsibility for, the actions or omissions of any independent contractors, and volunteers and/or members of the public who may provide goods (including equipment) and/or services, or otherwise be involved in the Event and/or an Activity, or other participants in the Event and/or an Activity.
 
10.4 These Terms and Conditions contain my entire understanding about the Event and the Activities.  These Terms and Conditions supersede any and all prior or other agreements, understandings, communications, discussions, representations and /or warranties in respect of the Event or Activities.
 
10.5 I understand and agree that these Terms and Conditions are governed by the laws of New South Wales.
 
10.6 I confirm that I have fully read, understood and agree to comply with these Terms and Conditions prior to acceptance.  I understand that by registering for this event I am accepting and agreeing to these Terms and Conditions, I agree to be bound by them and acknowledge that they may affect my legal rights.  I acknowledge that I am accepting these Terms and Conditions of my own free will.

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 Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (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 .

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 may either offer an “optional contribution” model or at the request of the beneficiary, event organiser or platform a “traditional” service fee model with or without a Donor pay option.
    Optional contribution
    Under the “optional contribution” model, the beneficiary, event organiser, corporate or platform may designate that GoFundraise will advise the donor that there is the option to contribute to the running of the platform. Under this option, GoFundraise does not charge a “Traditional/Standard” service fee to the charity or beneficiary. Your support is appreciated to continue to offer this platform fee service.

    Standard arrangement
    GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the beneficiary, event organiser or platform offer a "traditional" service fee model of a small service fee typically between 0% - 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. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

    Special Event Fees
    Some event organisers, beneficiaries, corporates of similar may charge a “Special Event” fee to offset the costs of administering the event this fee will be stipulated within the terms and conditions of the event and beneficiaries can choose to opt out of the event if they choose. Standard transaction charges are paid, unless otherwise stipulated by the beneficiary. GoFundraise reserves the rights to change the service fee model at anytime, all donations will occur at the described rate at the time of transaction.

    Donor Pays Option
    Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
  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), Stripe charged at the designated rate based on the beneficiaries plan. 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. 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. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations 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 contact GoFundraise Customer Care.

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 unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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