Online Fundraising

Terms and Conditions
Terms & Conditions of Pin a Virtual Red Ribbon this World AIDS Day

ACON Health Limited trading as ACON

“Protecting the privacy of health information is an integral part of providing quality health care” (WHO)

This policy applies to the whole of ACON, the Board, staff (including all levels of management), volunteers and contracted service partners.

Client confidentiality has been an underpinning philosophy and foundation of ACON’s work since our inception in 1985. ACON supports the spirit of intent and complies with and where possible strives to exceed the requirements of the Privacy Amendment (Private Sector) Act 2000.

ACON’s Privacy Policy outlines what happens to personal information collected by ACON, how it is used and how you can find out what information ACON holds about you. It also explains how you can have it changed or altered if it is incorrect or out of date.

Privacy Amendment (Private Sector) Act 2000

The Privacy Amendment (Private Sector) Act 2000 which amends the Commonwealth Privacy Act 1988, sets out your rights and ACON’s responsibility relating to any personal information held about you as an individual who uses ACON’s services. This policy does not apply to information held by ACON about staff or volunteers. Different legislation applies to staff and volunteer records.

The Privacy Amendment (Private Sector) Act 2000 (hereafter referred to as the Act) which includes the National Privacy Principles sets out how private sector organisations such as ACON should collect, keep, use and disclose personal information. ACON complies with and wherever possible strives to exceed the requirements of the Act.  ACON complies with all of the National Privacy Principles.

The Act provides you as an individual with the right to know why ACON holds your personal information, what information is held about you, how ACON will use that information and under what circumstances your personal information may be divulged to others. You have the right to ask to see your personal information and for it to be changed or altered if incorrect or out of date. Under special circumstances ACON may refuse to allow you to see information held about you, in doing so, ACON in accordance with the Act is required to explain why. The Act stipulates that you may make a complaint if you think your information is not used or held appropriately and in accordance with the Act.

Personal Information

Personal information includes such things as your full name, date of birth, gender and address and other contact details. The Act recognises that information of a more sensitive nature may be collected by organisations such as ACON in order to provide you with, or refer you to particular services. Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information about an individual

Collection

ACON will collect only the information, which is necessary to provide you with the highest standard of service.

  • We will only collect information about you with your consent and by lawful means.
  • When we collect your information you will be told what we will do with it and to whom it may be disclosed.
  • Information about you will not be used in any way without your consent or other than for the reasons for which it was collected.

Where we have obtained information about you from someone other than yourself, we will take all reasonable steps to inform you about who we are, what we intend to do with your information, how you may access it and to whom it may be disclosed.

In other words where possible we will inform you of what will happen to your information as if we had collected it from you ourselves.

Use and Disclosure

Information about you will only be used or disclosed to others by ACON in ways which meet your expectations or are required by law. We will only use or disclose your personal information for a purpose other than the primary purpose for which it was collected if:

  • the secondary purpose of collection is related to the primary purpose, and
  • you would reasonably expect us to use or disclose information for that secondary purpose, or
  • you have given permission for its use or disclosure

We will only use your information for the purpose of service promotion such as  newsletters, pamphlets or fundraising providing you have given us permission to do so.

We will only use or disclose your information without your consent, when:

  • it is in the interest of an individual’s health, life or safety, or
  • in the interest of public health or safety, or
  • we are required or authorised to do so by law

We may disclose health information about you to a person responsible for you such as a legally appointed guardian.

Data Quality

ACON will take all reasonable steps to ensure that personal information collected, used or disclosed about you is as appropriate, accurate and as current as possible.

Data Security

ACON undertakes to ensure that all personal information is kept in a secure place or manner. We will take all reasonable steps to protect your information from misuse, loss, unauthorised or unnecessary access, alteration or disclosure. ACON undertakes to destroy or de-identify your personal information when it is no longer required for any purpose by you or by law.

Openness

ACON’s Privacy Policy is available to you or anyone who requests it. Copies of this Policy may be obtained through the contact details provided at the end of this document.

ACON has a complaints procedure for anyone who believes their information is not being handled properly or in accordance with this policy. A copy of ACON’s complaints procedure may also be obtained through the contact details.

Access and Correction

The only staff or volunteers who may access your information can do so only in the performance of their duties in the provision of a service to you or specifically at your request. Staff or volunteers may not divulge any identifying information about you to each other except that, which is necessary for them to do so in the performance of their duties.

ACON will provide you with access to personal information it holds about you upon your request. In some circumstances it may be inappropriate for ACON to comply with your request, such as where someone else’s privacy may be seriously breached, or where the request poses a threat to an individual’s health or safety. In such case, if we withhold access we will provide you with the reason for doing so.

At your request we will correct any out-of-date or inaccurate information. We will do this either over the phone or face-to-face. You may arrange an appointment to view your personal information or you may request a written copy.

To obtain access to, or copies of, or to correct or up-date your personal, sensitive, information you will need to complete a ‘Personal Information Inquiry’ form. To change just your contact details you will need to complete a ‘Change of Address’ form.  Copies of both of these forms may be obtained either by telephoning or writing to us or by down-loading them from our web-site.

Our contact details are at the end of this document.

Identifiers

ACON does not use identifiers or reference numbers assigned by other organisations or government departments or services. Nor does ACON assign identifiers or reference to personal information records except where we have obtained your approval to do so, such as membership numbers or client case file numbers.

ACON does not release membership or client case file numbers to other organisations. Nor do we divulge any information that may in any way identify a particular individual to other organisations, or to ACON staff or volunteers.

Anonymity

Wherever practicable and lawful, and if you want to, we will provide you the option of interacting with ACON anonymously.

Transborder Data Flows

ACON will only send your information to a third party in a foreign country with your prior consent or if the information about you has protection substantially similar to the National Privacy Principles outlined in the Act.

Sensitive Information

ACON will not collect sensitive information about you without your consent unless, the collection is necessary to prevent or lessen a serious threat to health or life, or the collection is required by law. ACON in some instances may collect information without an individual’s consent if the person concerned is physically or legally incapable of giving consent. ACON may also collect sensitive information without consent in accordance with rules established by competent health or medical bodies that deal with the obligations of professional confidentiality eg client case notes kept about counselling sessions with professionally recognised psychotherapists or session case notes kept by enhanced care project staff.

Contacts

For any questions about ACON’s Privacy Policy contact our Web Producer by telephone 02 9206 2000, e-mail online@acon.org.au, fax Attn Web Producer (02) 9206 2069.

ACON Sydney – (02) 9206 2000

Northern Rivers – (02) 6622 1555

Hunter/Mid North Coast – (02) 4962 7700

Mid North Coast Outreach – (02) 6584 0943

Illawarra – (02) 4226 1163

SWOP – (02) 9319 4866

The Privacy Commissioner’s web-site contains detailed information on privacy obligations including a copy of the Privacy Act http://www.privacy.gov.au and the Guidelines On Privacy In The Private Health Sector http://www.privacy.gov.au /health/guidelines/index.html#1 set out the standards for collecting, storing, using and disclosing personal information.

Disclaimer

Copyright

ACON materials may be reproduced in part or in full with acknowledgment to ACON. Commonwealth and NSW government information and materials on this website, including data, pages, documents, graphics, images and webpages, audio and video are protected by copyright, unless specifically notified to the contrary.

Use of material and information

You may download, store in cache, display, print and copy a single copy or part of a single copy of information or material from this site only for your personal, non-commercial use and only in an unaltered form.

Information or material from this site may be used for the purposes of private study, research, criticism or review, as permitted under the Copyright Act 1968 and may only be reproduced as permitted under the Copyright Act 1968 (a copy of the Act is available at SCALEplus the legal information retrieval system owned by the Australian Attorney General’s Department, at http://scaleplus.law.gov.au).

Any permitted reproduction made must acknowledge ACON source of any selected passage, extract, diagram or other information or material reproduced. Any reproduction made of the information or material must include a copy of the original copyright and disclaimer notices as set out here.

Commercial and other use

You are not permitted to re-transmit, distribute or commercialise the information or material without full acknowledgement to ACON or by seeking prior written approval from ACON. For written permission to use the information or material from this site, please contact the ACON Online + New Media Producer 02 9206 2000. You may not use this website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales.

Please contact the ACON Online + New Media Producer 02 9206 2000 with any questions you may have about our website programs or policies, or to provide feedback on this website.

Linking the site

You may link to this site. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from this site on any other site unless express written permission has been obtained from the ACON Online + New Media Producer on 02 9206 2000.

Disclaimer Provision

This website is presented by ACON for the purpose of disseminating health information. This website is not a substitute for independent professional advice. Nothing contained in this site is intended to be used as medical advice and it is not intended to be used to diagnose, treat, cure or prevent any sexually transmitted infection (STI), HIV or hepatitis A, B or C or mental health conditions, nor should it be used for therapeutic purposes or as a substitute for your own health professional’s advice. ACON does not accept any liability for any illness, loss or damage incurred by use of or reliance on the information contained in this website.

Quality of Information

ACON makes every effort to ensure the quality of the information available on this website and updates the information regularly. Before relying on the information on this site, however, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances. ACON cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.

Links to other Websites

This website contains links to external websites. ACON takes due care in selecting linked websites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.
Linkage to external websites should not be taken to be an endorsement or a recommendation of any third party products or services offered by virtue of any information, material or content linked from or to this site. Users of links provided by this site are responsible for being aware of which organisation is hosting the site they visit.

Views or recommendations provided in linked sites do not necessarily reflect those of ACON.

Security 

Every endeavour is made to ensure that this site is secure. However, users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files which the user down loads may contain computer viruses or other defects.

ACON accepts no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with this website. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that ma

ACON makes every effort to comply with the Information Privacy Principles (1 –3, and 10 and 11) contained within the Commonwealth Privacy Act 1988 in the collection and privacy protection of its website users. A copy of the Act is available at SCALEplus the legal information retrieval system owned by the Australian Attorney General’s Department at http://scaleplus.law.gov.au).

If you have any privacy concerns, you should direct them to the ACON Online + New Media Producer: 02 9206 2000.

Your email address

ACON will only record your email address in the event that you send us a message by email or if you register requesting notifications. Registration for notifications may be made initially by email, postal mail or fax. Your email address will only be used for the purpose for which you have provided it and will not be added to any mailing lists without your prior consent by way of a specific request in writing. We will not use or disclose your email address for any other purpose, without your prior written consent.


Cookies and clickstream

When you visit, access, or use the website, mobile site, application, electronic newsletter or widget that links to this Cookie Policy (collectively “Site”) ACON entities (“us,” or “we”) use cookies and other tracking technologies to deliver and improve the Site, and to display relevant content, products, services and advertising.

This Cookie Policy explains these technologies, including cookies, local storage, pixels, web beacons, and flash cookies, and how you can control them. In this policy, we will refer to all these technologies as “Cookies”.

We hope that this Cookie Policy helps you understand, and feel more confident about our use of Cookies. If you have any further queries or requests, please contact us at online@acon.org.au.
By using the Site, you agree that we can use these Cookies as described in this Cookie Policy. We may change this Cookie Policy at any time. Please take a look at the Last Updated date at the start of this policy to see when this Cookie Policy was last updated. Any changes in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the Site.

What is a cookie?

Cookies and other tracking technologies (such as browser cookies and local storage, pixel beacons, and Adobe Flash technology including cookies) are comprised of small bits of data or code that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to your browser (on your computer or mobile device) when you first request a web page and then store the data on your computer so that such websites, apps and other services can access information when you make subsequent requests for pages from that service. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognise you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).

What Cookie do we use?

We use a variety of different types of Cookies on our Sites. Different Cookies have different specific purposes but in general they are all used so that we can improve your experience in using our Sites and interacting with us. Some of the purposes of different Cookies we use are described below.

  • (A) Some Cookies are essential to the Site in order to facilitate our log-in process and enable you to move around it and to use its features. Without these Cookies, we may not be able to provide certain services or features, and the Site will not perform as smoothly for you as we would like.
  • (B) We may use Cookies to allow us to remember the choices you make while browsing the Site, and to provide enhanced and more personalised content and features, such as customising a certain webpage, providing relevant advertising or editorial content, remembering if we have asked you to participate in a promotion and for other services you request, like watching a video or commenting on a blog.
  • (C) We may use Cookies to receive and record information about your computer, device, and browser, potentially including your IP address, browser type, and other software or hardware information. If you access the Site from a mobile or other device, we may collect a unique device identifier assigned to that device (“UDID”), geolocation data, or other transactional information for that device.
  • (D) We may use analytics Cookies, which are sometimes called performance cookies, to collect information about your use of the Site and enable us to improve the way it works. Analytics Cookies collect information about how you use the Site, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Site, help us record any difficulties you have with the Site and show us whether our advertising is effective or not.

Personal Information

Information provided through the ACON website will comply with Information Privacy Principles (see Glossary below), and particularly principles 1 to 3 and 10 and 11. Stated simply these principles are:

  • Principle 1 – Collection of information must be lawful and fair
  • Principle 2 – Informing people why information is collected
  • Principle 3 – Ensuring personal information collected is of good quality and not too intrusive
  • Principle 10 – Limiting the use of personal information to the purposes for which it was collected
  • Principle 11 – Preventing the disclosure of personal information outside the agency.

If you have any queries, concerns or require further information relating to privacy and ACON’s website, contact the the ACON Online + New Media Producer 02 9206 2000.

How can you opt out cookie setting?

Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Please note that by blocking any or all cookies you may not have access to certain features, content or personalisation available through the website.

For more information about targeting and advertising cookies, visit Your Online Choices: www.youronlinechoices.com.au.

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 .

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 September 2020