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Australian Red Cross

Australian Red Cross
Australian Red Cross is committed to helping vulnerable people across Australia and the region. Our work is focused on improving lives and reducing vulnerability: from reconnecting families and finding out the fate of loved ones torn apart by war and disaster, to providing a reliable phone call to elderly Australians who are lonely and isolated. And when disaster strikes around the country, we are among the first to arrive and the last to leave. Red Cross believes that mobilising the power of humanity can make a real difference to those in need. We invite you to join Red Cross and play a part in making the world a better place. For more information about Red Cross programs and services and how you can get involved, visit redcross.org.au.

Donations $2 or more to Australian Red Cross are tax deductible in Australia. ABN 50 169 561 394

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Terms & Conditions of Big Cake Bake
Big Cake Bake 2012
Terms and Conditions
 
As a Big Cake Bake registered host, you must adhere to the following terms and conditions.  Failure to conduct third party fundraising activities in accordance with these terms and conditions may result in you being de-registered as a Big Cake Bake host and prevented from conducting further third-party fundraising activities on behalf of Australian Red Cross;
 
Definitions:
“We/Australian Red Cross/Red Cross” refers to Australian Red Cross. Address: 155 Pelham Street, Carlton VIC 3053, Phone: 03 9345 1800, Website: www.redcross.org.au. Charity Mail Number: 10100009
 “Big Cake Bake” refers to an Australian Red Cross fundraising event. 
“Event” includes a Big Cake Bake or other third-party fundraising activity. 
“You” means the person who registers to host a Big Cake Bake fundraising event.
“Host/Hosting” refers to the act of holding an event with the intention of raising funds for Red Cross.
“Register/registering/registered” refers to completing the Big Cake Bake registration form either on paper and returning it by mail or email, or by registering as a Host over the telephone or online at www.bigcakebake.org.au
“Registered host” refers to a person who has completed in full the Big Cake Bake registration form, and returned it to Australian Red Cross by post or email; who has completed the registration form online at www.bigcakebake.org.au, or who has provided their details to Red Cross over the telephone.
“Supporter” refers to a person who agrees to help a registered host with their event, either financially or in kind. 
 
 
1.) You must be a Registered Host in order to conduct a third-party fundraising activity as part of Big Cake Bake. This is required by charitable fundraising legislation in all States and Territories in Australia.
 
2.) Registrations can be made via phone 1800 652 635, post Reply Paid 84694/GPO Box 4343, Melbourne VIC 8060, email bigcakebake@redcross.org.au or website www.bigcakebake.org.au
 
3.) http://www.bigcakegake.org.au (bigcakebake.gofundraise.com.au) is owned and operated by Red Cross. 
 
4.) Red Cross manages Big Cake Bake on behalf of all state-based Red Cross offices and branches.
 
5.) Red Cross will not accept registrations from people residing in or accessing www.bigcakebake.org.au from a country other than Australia.
 
6.) People residing outside Australia can make online donations or sponsor a friend in Australia who is taking part in Big Cake Bake. All donations will be accepted if in collaboration with supporting a Big Cake Bake event.
 
7.) The person whose name appears on the registration form will be the Event Host (“Registered Host”) which makes them solely accountable for managing the Event in an appropriate and responsible way. This includes deciding on the Event date, venue, fundraising activity and any associated costs in running the Event.
 
8.) Registered Hosts, agree to pay all costs involved with running your Event. Event costs are at the discretion of the Registered Host. Red Cross will not reimburse any person for any Event-associated costs. 
 
9.) Red Cross accepts no responsibility for any food related accidents or injuries that may occur during an Event including food allergies, adverse reactions, food poisoning, anaphylaxis, other illnesses or sickness caused by food products and/or their preparation, storage, handing, presentation or consumption. 
 
10.) Red Cross accepts no responsibility for any loss, liability or injury, occupational, health, safety and welfare claims arising from any Event. It is the responsibility of the Registered Host to ensure the safety of the themselves and any attendees of their Event, including and providing first aid services if they are needed. Registered Hosts are responsible for obtaining and maintaining any appropriate insurance for their Event, including public liability insurance.
 
11.) Red Cross’ public liability insurance does not cover people who choose to fundraise on our behalf. We are not liable for assessing or managing any risks of fundraising activities or Events run by external parties.
 
12.) Registered Hosts need to comply with any obligations in the Charitable Fundraising Act and/or any regulations in your State or Territory. You are also responsible for organising any permits, licenses, insurance or authority to fundraise where necessary. This information will be available from your state government or local council (see clause 13 for gaming information).
 
13.) For all gaming, racing, licensing, promotional and fundraising requirements, please check legislation by contacting your nearest office:
 
ACT
Department of Gaming and Fair Trading
www.act.gov.au
PH: 02 6207 0065
 
SA
Department of Liquor and Gambling
www.olgc.sa.gov.au
PH: 08 8226 8500
 
NSW
Department of Gaming and Racing
(Office of Charities)
www.olgr.nsw.gov.au
 
TAS
Department if Liquor and Gaming
www.treasury.tas.gov.au 
PH: 03 6233 3468
 
NT
Territory Business Centre
www.tbc.nt.gov.au
08 8999 1332
 
VIC
Victorian Commission for Gambling Regulation
www.orgl.wa.gov.au
PH: 03 9651 3630
 
QLD
Department of Treasury
Office of Gaming and Racing
www.gogr.qld.gov.au
WA
Office of Racing, Gaming and Liquor
www.orgl.wa.gov.au 
PH: 08 9425 1888
 
 
14.) The Registered Host must securely keep all the money raised by the Event. Full records of the amount raised, along with the money, need to be securely deposited into the Red Cross bank account within 28 days of the Event. All ,monies raised for Big Cake Bake must be deposited into the Red Cross bank account by Sunday, 30th September 2012 (see Big Cake Bake Questions for baking details)..
 
15.) You are not allowed to approach the general public with door to door, street or telephone collections as part of your fundraising activity.
 
16.) Registered Hosts acknowledge and agree that the Red Cross emblem – a Red Cross on a white background – is a symbol of protection (protective use) and of membership of the International Red Cross and Red Crescent Movement (indicative use). In times of armed conflict it is the visible sign of the protection conferred by the Geneva Conventions on the victims and on those who come to their aid; in peacetime it shows that a person or object is linked to the International Red Cross and Red Crescent Movement, of which the International Committee of the Red Cross (ICRC) is the founding body. Hence, the emblem is also a symbol of the Movement's seven Fundamental Principles: humanity, impartiality, neutrality, independence, voluntary service, unity and universality.
 
17.) Registered Hosts or Supporters must not use the Red Cross logo or Red Cross emblem to advertise or conduct the Event except in accordance with the materials (if any) provided to you by Red Cross.  Unauthorised use of the Red Cross emblem may constitute a criminal offence under the Geneva Conventions Act 1957.  You must not do anything which might bring Red Cross, the Red Cross emblem, or the Red Cross Red Crescent movement into disrepute, or which might tarnish the prestige or reduce respect for the Red Cross emblem.  For more information on the Red Cross emblem, please visit www.redcross.org.au.   
 
18.) If you are under 16 years of age, you must have the express permission of your parent or guardian before undertaking any fundraising activities or hosting an Event.
 
19.) If you, as the Registered Host, have any previous criminal convictions, you need to tell us about them when you register.  Although any prior convictions won’t automatically prevent you from being able to organise an activity for us, they will be taken into account where relevant, for the purposes of accessing the suitability of the Event and yourself as the Registered Host.  Failure to notify us of any previous criminal convictions may result in further investigation towards yourself and your fundraising activity or refusal for authority to fundraise on Red Cross’ behalf.
 
20.) You agree to release Red Cross to the fullest extent permissible under law for all claims and demands of any kind associated with the activity, and indemnify Red Cross for all liability or costs that may arise in respect to any damage, loss or injury occurring to any person in any way associated with the activity caused by your breach of these responsibilities or negligence.
 
21.) If there is a likelihood of you not meeting any of these responsibilities, we reserve the right to withdraw your authority to organise an activity at any time.
 
22.) We may amend these Terms and Conditions at any time during the campaign period. Upon amending Terms and Conditions we will re-post them on www.bigcakebake.org.au. Hosts will be bound by the amended Terms and Conditions from that time. Any changes to the Promotion and/or Terms and Conditions relating to the Big Cake Bake promotion (including prize variations, cancellation or suspension of your promotion), is subject to the approval of all relevant State and Territory Lottery Departments.
 
 
23.) Upon entering www.bigcakebake.org.au you have accepted and must comply with the Terms and Conditions, notices, disclaimers and intellectual property on the website. Your use of and/or continued access to the website constitutes your agreement to the Terms and Conditions.
 
 
24.) The website www.bigcakebake.org.au is run by Red Cross for this event only. Content may change but it will remain a dedicated site for Big Cake Bake fundraising only.
 
25.) All names, logos and trademarks are the property of either Red Cross or third parties engaged and contracted by us (Litterini+Clark Pty Ltd) who have contributed to the website. Use of logos, trademarks, graphics, images or names is prohibited. Written agreement by Red Cross must be given in order to use an intellectual property on www.bigcakebake.org.au
 
26.) All names, photographs and content that are related to celebrity endorsements (Kate Ritchie, Chris Bath, Adrian Richardson, Marion Grasby) are the property of the celebrity, their talent agent or Red Cross. Use of photographs, names and content is prohibited. Written agreement by Red Cross must be given in order to use any of the intellectual property on www.bigcakebake.org.au
 
27.) The content of www.bigcakebake.org.au such as text, graphics, images and names (“Material”) is protected by Australian copyright law. Unauthorised use of the Material may violate these copyright laws.
 
28.) Red Cross does not warrant that www.bigcakebake.org.au will operate error-free, nor that its servers are free of computer viruses and other harmful data or code components. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of content. If your use of the website results in the need for servicing or replacing equipment or data, Red Cross cannot be held liable for any associated costs.
 
29.) Big Cake Bake promotional period (“Promotional Period”) will run between Monday, 14th May 2012 and Sunday, 30th September 2012.
 
30.) Big Cake Bake official Event date is Monday, 27th August 2012.
 
31.) Registered Hosts can run events any time between Wednesday, 1st August 2012 and Friday, 31st August 2012 (“Promotional Campaign’).
 
32.) Any agreements to purchase products from a Big Cake Bake Host or Supporter during an Event is an agreement between the buyer and the Registered Host or Supporter. Red Cross takes no responsibility over the quality, safety or legality of the products being sold or exchanged during an Event. At no time may Red Cross be held liable for any damages, losses, injuries or risks that might occur as a result of products sold or exchanged during an Event. 
 
33.) Any issues arising from the selling of foods prepared for Big Cake Bake events, including and not limited to poorly prepared foods, food poisoning, food storage and handling and customer satisfaction are beyond the control of Red Cross and, as such, we cannot accept any liability to any person for loss or injury suffered as a result of, or in connection with such issues.
 
34.) The website may contain embedded hyperlinks or referral buttons to websites operated by third parties or their licensees or contractors (“Advertisers”). Any claims by Advertisers are not recommendations or endorsements by us or a list of third party advertisers endorsed by Red Cross.
 
35.) The website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.
 
36.) Linked Sites that we are endorsing for Big Cake Bake include: Facebook; Google; Twitter; Linked In; You Tube. Other Linked Sites that appear on www.bigcakebake.org.au might not be endorsed or authorised by Red Cross.
 
37.) Your use of a Linked Site is subject to the Terms and Conditions of that site in addition to the Terms and Conditions of www.bigcakebake.org.au
 
38.) Red Cross does not and cannot be involved in your interaction with Linked Sites and Advertisers, in the event that you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, Red Cross is exempt from liability for any claims, demands or damages arising out of or in any way connected with online disputes.
 
39.) Registered Hosts must comply with the Red Cross Privacy Policy (see Privacy Policy) when collecting personal information as part of conducting an Event. 
 

 

Terms and Conditions

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

Introduction and acceptance of terms

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

New Zealand Users and NZ Non-Profit Organisations

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

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 5, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

  1. GoFundraise charges a small service fee of between 3.95% - 6% (depending on the plan of the Beneficiary) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary, or Organisation. Regular giving payments are charged at 3.95% +GST to the Beneficiary.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt) . These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
  3. An example of the way this fee structure works is as follows:

    Total Donation $30.00
    Administration fee of 6% $1.80
    GST @ 10% $0.18
    Credit card processing fee 1.1% $0.33
    Credit card fee per transaction $0.20
    Total fees $2.51
    Donation to charity $27.49
    Charity Reclaim GST $0.18
    Total Net Amount To Charity $27.67
  4. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

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

Regular Giving payments

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

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

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

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

Ticket Sales and Raffles

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

User registration

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

Passwords

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

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 18.

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.
  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 24,
    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 30 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 33 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 15, 23, 24, 28, 29, 30, 31 and 32 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.

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