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| Terms & Conditions of Sleep Under the Stars 2018 |
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SYDNEY STEPPING STONE Inc. known as STEPPING STONE HOUSE
227 Wardell Road, Dulwich Hill New South Wales 2203
THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND THE RIGHTS OF YOUR CHILD- PLEASE READ CAREFULLY BEFORE YOU AGREE TO THE TERMS OF THIS AGREEMENT.
AGREEMENT, RELEASE AND INDEMNITY – Stepping Stone House Sleep Under the Stars
1. ACTIVITY AND ASSOCIATED RISKS
I have chosen to participate in and to have my child/children participate in the Stepping Stone House Sleep Under the Stars (the Event) and the activities involved in attendance at the Sleep Under the Stars (the Activity) organised by Sydney Stepping Stone Inc also known as Stepping Stone House (the Organiser), to be held under the Harbour Bridge on 26th October 2018.
a. In consideration of me and my child or children, being permitted to participate in the Activity, I accept and agree to the full contents of this agreement being binding in relation to me and my child.
b. I certify that I have the authority to sign on behalf of the child/children named above, and certify that I have the authority and legal right to make decisions for the child/children regarding the child/children’s participation in the Activities.
c. I understand that the Activity is dangerous and inherently hazardous, and that I or my child may be exposed to dangers and hazards, including: Cold, falls, fractures, concussion, injury from over exertion, contraction of a disease, equipment failures, dehydration, food poisoning, and allergic reaction to food, lack of skills of other participants, faulty facilities and negligence of others.
d. I understand that the Activity of sleeping in the open and participating in all aspects of the Activity is a dangerous recreational Activity within the terms of the Civil Liability Act (NSW) and that Stepping Stone House, and the other parties to be released will have no liability for any injury or damage caused by the participation of me or my child in any dangerous recreational activity.
e. As a consequence of participating in and attending this Activity I or my child may be seriously hurt or disabled or may die or my property may be damaged.
f. I will supervise my child or children in the Activity and take responsibility for their actions. Sydney Stepping Stone Inc. and Sydney Harbour Foreshore Authority assumes no responsibility for directing, supervising or controlling my child, or the children of others during the activity.
g. I agree to release, indemnify and hold harmless and defend Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of equipment, providers of food, members of the public, Sydney Harbour Foreshore Authority, Everyday Hero, the Council, and any other participants in the Activity or in the vicinity of the Activity from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to me or to the child during the Activity, or in any way related to the Activity. This includes any claim by the child alleging, or claiming negligence by any person, or arising from the negligence of, Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of equipment, members of the public and any other participants in the Activities or in the vicinity of the Activities.
2. ASSUMPTION OF THE RISKS
a. I assume all risks, including the above mentioned risks, and any harm, loss or injury which may occur to me, my child or my property as a result of participation by me or my child in the Activity, or during transportation before or after the activity, including any loss, injury or damage caused by the negligence of Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of equipment and food, Sydney Harbour Foreshore Authority, members of the public and any other participants in the Activity or in the vicinity of the Activities.
b. I also agree and understand that any equipment that is used by me or my child, whether that equipment is owned by Sydney Stepping Stone Inc., by me, or any other provider or is rented, or borrowed by me for use by me and my child, is used by me and by my child/children at my own risk, and at the risk of my child/children.
c. I agree and understand that all equipment used, borrowed or rented by me, is provided without any warranty as to its condition, fitness or suitability. I agree and understand that all food purchased by me, is provided, given or sold without any warranty as to its fitness and suitability including as to its contents should I or my child/children have any allergy to any food.
3. RELEASE OF LIABILITY
a. I hereby release Sydney Stepping Stone Inc, its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, providers of food, Sydney Harbour Foreshore Authority, the local council, or other providers of permits and premises, Everyday Hero, any other participants and attendees, (the Released Parties) from all liabilities, causes of action, claims and demands that arise in any way from any injury, loss, death or ham that occurs to me or to the child, or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This release includes claims against or for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities.
b. I agree not to sue or make a claim against the Released Parties for death, injury to loss or harm that occurs to me or to my child during the Activities or are related in any way to the Activity.
4. INDEMNIFICATION
a. I promise to indemnify and hold harmless Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, providers of food, Sydney Harbour Foreshore Authority, the land owner, the Council, and other providers of permits and premises, Everyday Hero, any other participants and attendees, (the Indemnified Parties) from any claims, including for the negligence of any of these released Indemnified Parties. I also agree to indemnify and hold harmless and defend these parties against any and all claims caused by my own negligence, or the negligence of my child, and any claim arising from or caused by my conduct or my child’s conduct during the Activity.
b. I agree that in the event of my death, or the death of my child/children that this indemnity and release will be binding on my estate, and the estate of my child/children, and that this indemnification and release will therefore bind by executor, administrator or guardian and that they will be required to enforce the terms of this indemnity and release.
c. I agree that this agreement is to be an enforceable release of liability and indemnity by me of Sydney Stepping Stone Inc., its board members, employees, volunteers, sub-contractors, contractors, officers and agents, providers of any equipment, the land owner, counsel, or other providers of permits and premises, any other participants and attendees.
5. REGISTRATION / PRICE
a. I accept that the Organiser may offer discounted entry fees at its discretion.
b. I understand that the Event will be free to spectators.
c. I accept that I must sign in for the Stepping Stone House Sleep Under the Stars (as individuals or teams) and provide a signed copy of this Agreement, Indemnity and Release signed by me and complete, with photo ID on the day of the Event at the designated registration area from 5pm on Friday 26th October 2018.
6. TEAMS
a. I accept that a team may consist of two or more participants.
b. I acknowledge that I will provide the Stepping Stone House (the "Organiser") or its authorised representatives with the name and contact details of the team co-ordinator if I enter as part of a team, and agree that the Organiser or their authorised representatives may contact the person and exchange my/our personal information with them which I have provided to Stepping Stone House.
7. FUNDRAISING
a. I will try my best to fundraise a minimum of $500.00 per individual participant for Stepping Stone House.
b. I understand that the fundraising component is not compulsory and that donations can be donated online via the Everyday Hero website. I acknowledge that these donations are non-refundable. I also acknowledge that these donations may be tax deductible.
c. I understand that incentives (the number and nature of which will be decided by the Organiser) may be awarded to the individuals or teams in relation to their fundraising.
8. MEDICAL INFORMATION
a. I certify that I am physically and mentally fit and healthy, and have no medical condition which would affect or limit my capacity to safely participate in the Activity.
b. I certify that my child/ children are physically fit and healthy and that my child/ children have no medical condition which would affect or limit their capacity to safely participate in the Activity.
c. I acknowledge that I and my child should seek medical advice prior to participating in the Event if I and/or the child for whom I am legal care, or to whom I am are guardian, suffers or am suffering from a medical condition.
d. Sydney Stepping Stone Inc. (the Organiser) and Sydney Harbour Foreshore Authority (the owner of the land) and Everyday Hero assumes no responsibility to provide medical care during the activity. I will pay for any medical care or treatment that I or my child requires as a result of participation in any Activities. I further provide consent for me and for my child/children to receive medical treatment from the St John’s Safety Manager and officers for treatment which they consider necessary, or reasonable.
e. I will provide an emergency contact name and phone number when requested by Stepping Stone House (the Organiser), its employees or representatives, and authorise Stepping Stone House (the Organiser) or any person authorised by it, to contact my emergency contact person and to provide personal information.
9. USE OF NAME OR PICTURE
a. I consent to the publication and/or use of the image, voice, statement or otherwise, (including the publication of my name and/or Event result in any broadcast, telecast, advertising, promotion or other account of this Event) of me, and of my child/ children, to be published in any form of media whatsoever including advertising and promotions for future Stepping Stone House events, or for any legitimate purpose without payment or compensation. In the event that I do not consent to the above then I agree to advise Stepping Stone House of this in writing no later than one week prior to the Event.
10. AGREE WITH & ABIDE BY RULES
a. I agree to read all Event rules, regulations and conditions and conform to them.
b. I agree to follow the rules of the Activity, and to ensure that my child follows the rules of the Activity.
c. I acknowledge that Sydney Stepping Stone Inc., its employees, or representative may remove me and my child/ children from the Event area and the Activity (a) if my behaviour or the behaviour of my child/ children is 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, or children or any other person), or (d) to prevent or arrest any form of unauthorised marketing, collection or monies or ambush marketing; (e ) if I am considered by Sydney Stepping Stone Inc. to be under the effect of alcohol or any drug.
11. REFUNDS
a. I acknowledge that under no circumstances will a refund be provided for donations made.
b. I acknowledge that if the Event is cancelled that Sydney Stepping Stone Inc., will refund to me the registration fee paid by me.
c. I acknowledge that, except in the case of cancellation of the Event by Sydney Stepping Stone Inc. that refunds will not be provided for the ticket registration fee paid by me.
d. I agree that my entry in the Event and participation in the Activity is not transferable for me or for my child/ children and that no other person is permitted to participate in the Event and Activity in my place or in the place of my child/ children.
12. DETAILS OF THE EVENT
a. I accept that I will probably get little sleep
b. I acknowledge that I must sleep within the safety barriers where provided
c. I accept that if I decide to leave the event prior to 6am, I will notify Stepping Stone House (the organiser) by attending the registration table and advising in writing that I am leaving the event, including with my child/ children.
d. I agree that I will not leave at the event any child or children under my supervision and control while I am outside the safety barriers at any time.
13. PARKING
a. I accept that Stepping Stone House (the organiser) will not provide parking for participants or spectators for the Event. I accept that it is my responsibility to locate suitable parking before or during the Event.
14. MISCELLANEOUS
a. I have read the information pack in relation to the Event and Activity available, including for download at www.steppingstonehouse.com.au.
b. I acknowledge that I and my child/children will be given a wrist band on registration at the Event and Activity that identifies each participant as a paid participant.
c. I agree that I and each of my children will wear this wrist band at all times during the Event and while participating in the Activity.
15. FURTHER AGREEMENTS
a. I agree that if any portion of this agreement is found to be invalid or unenforceable, that the remainder will continue to be in force and effective. I also agree that any invalid clause will be modified or partially enforced to the maximum extent, as permitted by law, so that the purpose of the agreement is carried out.
b. Nothing in this document precludes Sydney Stepping Stone Inc., its board members, employees, volunteers, contractors, equipment providers, and government entities and other attendees from relying on any laws that limit or preclude their liability.
c. I agree that I and my child participate in all Activities at my own risk, and at my child’s risk.
d. I agree and acknowledge that Sydney Stepping Stone Inc. has no control over and assumes no responsibility for the actions of any independent contractors and volunteers and members of the public who may provide services, or goods or be involved in the activities.
e. I agree that this agreement, indemnity and release is governed by the law of New South Wales.
f. I have fully read this agreement before signing it.
g. No oral statements or representations have been made, and I do not rely on any statements other than what is contained in this indemnity and release, in signing this agreement. I understand that this is an agreement and contract which affects my legal rights, and I am signing it of my own free will.
Signed by me, both for myself, and as the guardian or parent of the child/children named above.
Name: ……………………………………
Address:…………………………………
Signature:……………………………….
Relationship to child: ……………….....
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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
- 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.
- 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.
- By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .
Overview
- 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.
- 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.
- 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
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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. - 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.
- 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
- 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
- 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.
- 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
- 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.
- Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.
User registration
- 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.
- 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
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You must keep Your personal login information safe, private and secure at all times. This extends to:
- not allowing any other person to use their login information or hold themselves out as You;
- not disclosing, or allowing a copy to be discovered of the login information of the User; and
- 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
- 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
- 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.
- 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.
- 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.
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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:
- infringe the intellectual property rights (including copyright) of any third party.
- detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
- be misleading or deceptive as to the nature, type, service or benefits of the Content;
- be misleading as to that User’s identity or affiliation with any person or group
- contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
- encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
- contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
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In addition, You must not use the Platform to:
- send junk email, sms or spam to people who do not wish to receive email from You;
- conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- 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;
- provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
- Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
- 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
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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:
- use the Content for the purposes of the Personal Page; and
- to grant the licence comprised in clause 29,
- 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.
- 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
- 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
- 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
- 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
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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:
- 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;
- conduct in using the Website;
- You breaches these Terms and Conditions, whether the breach is material or otherwise;
- if We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
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For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
- 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
- any application or right to apply for registration of any of the rights referred to in paragraph (a).
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GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
- assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
- 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
- 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
- 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
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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:
- the use of the Platform by a User;
- the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
- 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
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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:
- the use or misuse of the Platform by the User;
- Content uploaded by the User;
- the breach by the User of these Terms; or
- any liability arising out of the use of a User’s account.
Notices
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A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
- in writing;
- addressed to GoFundraise at the address set out at the beginning of these Terms; and
- left at or sent by prepaid post, facsimile or email to that address.
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A notice given in accordance with clause 41 above, will be deemed received:
- on the date of delivery, if left at the recipient’s address;
- Five days after the date of posting if sent by prepaid post; and
- 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
- 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
- The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.
Survival
- Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.
General
- 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.
- 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.
- All prices are in Australian Dollars unless stipulated otherwise.
- Terms & Conditions updated January 2024
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