Terms & Conditions of Save the Children's 36floors - the ULTIMATE urban abseil

Information, Waiver and Terms and Conditions

Do you have what it takes to step out of your comfort zone to help the most vulnerable children in Queensland?

36floors is an innovative and exhilarating fundraising charity challenge to raise money for Save the Children Australia.   Daredevil individuals and teams will abseil more than 130 metres down 36 storeys of The Gold Tower at 10 Eagle Street, in Brisbane’s CBD.

Who:            Individuals or teams

When:          Friday 16 & Saturday 17 May, 2014

Where:        10 Eagle Street, Brisbane

Costs:           Registration fee of $100 per participant;

Minimum fundraising target of $1000 per person

Proceeds from this exciting event will go to Save the Children Australia’s programs  in Queensland, which work to ensure the most vulnerable and disadvantaged children access essential education and child protection programs.

Registration

To register as a team or individual, simply go to savethechildren.org.au/36floors, click on Register now and follow the prompts.  Each participant, whether individual or team, must pay a non-refundable $100 registration fee to secure their registration.  Once the registration is secured, entrants must meet a minimum fundraising target of $1000 per person for Save the Children Australia, in aid of their work for vulnerable children in Queensland, by 11:59pm on Friday 2 May 2014.

Teams will abseil together on the day of the event in groups of four.  Every endeavor will be made to ensure teams have the opportunity to complete their abseil together, however this cannot be guaranteed.  Consideration must be given to the individual amount of time it takes each participant to complete their abseil and other varying factors at the time which may prevent participants being dispatched at the same time.

Fundraising dates

Registration closes at 11:59pm on Friday 2 May 2014 and all participants have until this time to meet their fundraising target. The minimum fundraising target is $1000 per person.

We encourage you to continue fundraising once you have reached the target.  Your fundraising pages remain open until Friday 27 December 2014 to allow for any late pledges to come through.

Where your money goes

All proceeds will go towards helping vulnerable children in Queensland through Save the Children Australia’s education and child protection programs.

Save the Children Australia’s programs run throughout Queensland, and include our Early Childhood Care and Development programs. With trained staff and family support workers, the program provides early learning activities and parenting support for vulnerable families and children under the age of six.  The program has been preparing children for kindergarten and school for more than 30 years.

Our Child Protection programs include our Deadly Blokes and Kids Townsville program (‘deadly’ means awesome), which  aims to build strong relations between Aboriginal and Torres Strait Islander male caregivers and children through the use of music, storytelling, song writing and performance.

You’re in safe hands

The event is supported by the experienced and qualified team from Adventure Out Australia who are experts in abseiling. With more than 33 years roping experience, the Adventure Out Australia team will assist all participants with pre-descent training and will be there every step of the way for support.

How to register

To register and begin fundraising, simply go to 36floors.com.au, click Register now and follow the prompts to secure your registration and set up your online fundraising page. You can share this page with all of your friends, family and colleagues and explain what you are doing. The webpage can even collect donations – easy!

Once registered, each team or individual will be given a scheduled time to perform their descent. While every effort will be made to provide you with your requested date we are unable to guarantee this. Detailed information is  available to all participants and we encourage you to understand the requirements before registering to ensure you understand the obligations of participation. This will ensure the safety and enjoyment of all participants.

More about Save the Children Australia

Save the Children is Australia’s leading independent emergency relief and development organisation dedicated to helping children. We save and protect children’s lives. We stand up for children’s rights. Save the Children was established in 1919 and works in more than 120 countries around the world.

In 1951, Save the Children Australia began programs in Australia focusing on health and education for Aboriginal and Torres Strait Islander children.  We now have offices in every state and the Northern Territory in Australia and run education and child protection programs in more than 100 locations.  In 2011, our programs in Australia touched the lives of more than 64,000 people.

Save the Children was originally established in Queensland to support children affected by the first and second World Wars. The Queensland division started running programs for Australian children in the 1950’s, setting up welfare and pre-school centres and a fund to provide educational grants to Aboriginal children. We continue to provide support to the most marginalised and vulnerable children, young people and families across the state.

For more information please visit the website: savethechildren.org.au
@SaveChildrenAus http://www.twitter.com/savechildrenaus
facebook.com/SavetheChildrenAustralia http://www.facebook.com/savethechildrenaustralia
youtube.com/SavetheChildrenAus http://www.youtube.com/savethechildrenaus

More about Adventure Out Australia

Adventure Out was founded created in the 1980s and now has a reputation for providing high-quality adventure events, Australia-wide.

Founder and director of Adventure Out Australia, Terry Hewitt, has more than ten years’ experience planning and delivering abseiling challenges in Perth, Sydney and Brisbane. Terry’s events have raised more than $2 million for participating charities.

TERMS & CONDITIONS

Who can participate

1  Participants must be at least 16 years of age on 16 or 17 May 2014.

2  To become a participant, persons that are currently at least 18 years of age and have the mental capacity to enter into a legally binding agreement must, by 11:59pm on 2 May 2014, complete and submit to Save the Children Australia his/her online Event Registration Form and Waiver, and pay the Registration Fee (per participant).

3  To become a participant, each person that is not currently 18 years of age or who lacks the mental capacity to enter into a legally binding agreement must obtain their parent or guardian’s consent.

Upon registration and payment of the Registration Fee, participants under the age of 18 will be sent a copy of this Terms and Conditions and Waiver document and a Parent/Guardian Consent Form. The Parent/Guardian Consent Form must be executed by the person’s parent or guardian and returned to Save the Children Australia before the participant begins fundraising.  By signing the Parent/Guardian Consent Form the participant’s parent or guardian agrees to be bound by these Terms and Conditions and Waiver. The participant’s parent or guardian who executed the Parent/Guardian Consent Form is also required to attend on the day of the abseil, and by signing and returning the Parent/Guardian Consent Form indicates their agreement to do so.

4  It is not mandatory for participants to have introductory abseiling experience, but it is highly recommended. Both Save the Children Australia and Adventure Out Australia would prefer that participants have prior abseiling experience.  This ensures that on the day of your 36floors abseil, using the equipment and the process of being dispatched from the building of this height is more familiar to you. Prior experience can be on either a natural or artificial surface. This recommendation may contribute your enjoyment and experience on the day. To gain this experience before the event, you can find information on introductory abseils in Brisbane on the internet, or contact the Event Manager from Save the Children.

5  Individuals with documented illness, injuries to knees, feet or back should obtain medical clearance from their doctor before participating.

Fundraising

6  State legislation prevents fundraisers from collecting money door-to-door or in public places such as shopping centers and leisure centers unless prior permission is granted.

7  Save the Children Australia must be consulted prior to participants contacting, or responding to contact from, media outlets in relation to their participation in the Event.  All media relations in relation to the Event or the participants’ fundraising must be approved by Save the Children Australia prior to publication.

8  Participants are not agents or employees of Save the Children Australia; all fundraising activities and related events are undertaken at participants’ own risk. Save the Children Australia will not be held responsible for any injury, damage or loss sustained during the Event or any fundraising or other activity associated with the Event.

9  Participants may only use the name of Save the Children Australia to fundraise in relation to the Event that they are participating in.

10  Participants may only use approved logos, taglines, names and quotes provided by Save the Children Australia, as stated in its fundraising guidelines, which are located on the website or will be provided on request. Any variation of Save the Children Australia’s intellectual property requires prior written permission from Save the Children Australia.

11  While Save the Children Australia’s website provides advice and information regarding general fundraising, it remains the responsibility of the participant to ensure they comply with relevant Australian and State based legislation. Participants should note that activities such as lotteries, raffles and other games of chance may be identified as gaming in some states. It is the responsibility of the participant to ensure that all relevant legislation is complied with in relation to all activities undertaken in association with the Event. Registration for the Event does not constitute a fundraising or gaming license.

12  Participants must notify their donors that in the event that they do not complete the Event, for whatever reason, funds raised will still be received by Save the Children Australia and are not refundable.

13  Participants are required to have met their minimum fundraising target of $1000 by 11:59pm Friday 2 May 2014.  Save the Children Australia reserves the right to cancel the registration of any participant/s who has not met their fundraising obligation to enable anyone on the waitlist the opportunity to participate.

14  Save the Children Australia will communicate by email with participants on a regular basis from the time of registration until the completion of the event.  These communications enable the Event Manager to keep participants updated with all important information relating to the event including but not limited to, fundraising tips, roster schedules, Save the Children Australia program information, previous participant testimonials, general tips and hints etc.

In addition to the email updates, participants may also receive an sms and/or support telephone call from Save the Children Australia to discuss  that participant’s/team’s fundraising target, methods of fundraising, support and anything relating to your participation in the event.

15 In the event that Save the Children Australia is unable to contact a participant by each method of communication, that participant’s registration may be cancelled in Save  the Children Australia’s absolute discretion.

16  All proceeds from any fundraising activity must be directed to Save the Children Australia. This may be done through Go Fundraise or directly into the bank account provided upon registration.

Save the Children Australia is a Deductible Gift Recipient (DGR) organisation, and as such, donations of $2 or greater are tax deductible. A tax deductible receipt may be issued by Save the Children Australia to each donor who has provided a donation in support of the Event for the project cost component only, upon receipt of donors’ information and donation. It is the responsibility of the participant to provide Save the Children Australia with sufficient details in order for Save the Children Australia to issue a tax-deductible receipt. Neither participants nor agents acting on behalf of the participant are able to issue tax deductible receipts. Entrants must supply the full name, address and phone number of donors who require a receipt. This can be done by completing and returning the ‘36floors, manual donation form’.   If supported by a business, the business name and a contact person must be supplied.

Legislation prohibits Save the Children Australia from issuing tax deductible receipts in circumstances in which the payment of proceeds result in a benefit to the donor, such as receiving goods or services for the payment of proceeds. This includes, but is not limited to: venue entrance fees to a performance or concert, sausage sizzles, movie nights, bake sales etc. It is the responsibility of the participants to ensure that donors are clearly informed whether their proceeds are eligible for tax deductibility. Save the Children Australia reserves the right to refuse issue of a tax deductible receipt for proceeds raised through an activity that is ineligible for tax deductibility. A receipt of money may still be issued that states that the proceeds are ineligible for tax deductibility.

Risks, hazards and dangers

17 I agree that:

(a) at all times during the Event, I will comply with all of Save the Children Australia and Adventure Out Australia’s reasonable instructions:

(i) regarding the Event’s abseiling activities;

(ii) to remain within designated areas of 10 Eagle Street;

(b) I will not take any legal or illegal substance before or during the Event that may affect my judgement or physical response during the Event;

(c) I am aware that, during the Event, I may be exposed to certain risks, hazards and dangers including but not limited to:

(i) physical exertion to which I may not be accustomed;

(ii) extremes of weather and temperature including sudden and unexpected change;

(iii) the risks, hazards and dangers associated with being around ropes, anchors and other slip or trip-causing objects;

(iv) the risks, hazards and dangers of participating in activities at height;

(v) the possibility of accident, injury or illness;

(vi) difficulties of evacuation if I am injured or disabled;

(d) the enjoyment and excitement of the Event is derived in part from the risks, hazards and dangers incurred by me performing the Event and that the risks, hazards and dangers of the Event may exceed those that I commonly accept at work or at home;

(e) in the event that I suffer an injury or illness while performing the Event, each of Save the Children Australia, Adventure Out Australia and their respective employees, contractors and agents have my consent to administer first aid to me, and further, may arrange such medical treatment and emergency evacuation procedures as they consider necessary for my safety.

18  I accept all of the above mentioned risks, hazards and dangers and the possibility of personal injury, loss or property damage resulting there from, and irrevocably indemnify and hold harmless each of Save the Children Australia, and Adventure Out Australia and their respective employees, contractors, agents and successors in title free from any and all liabilities, claims or actions (including negligence) whatsoever or however caused, arising as a result of or in connection with, directly or indirectly, caused by or connected with my participation in and travelling to and from the Event.

Privacy

19  I grant each of Save the Children Australia, Adventure Out Australia and their respective employees, contractors, agents and successors in title authority to use any photograph, film or film likeness of me taken during the Event or related activities for Save the Children Australia’s and Adventure Out Australia’s promotion and advertising of the Event and other similar events on the condition that those photographs are not sold to any third party.  Any photographs used outside of Save the Children Australia and Adventure Out Australia must receive written approval from both Save the Children Australia and Adventure Out Australia.

Agreement

20  I enter into this agreement of my own free will.

By ticking or clicking this box I confirm that I have read, understood and agreed to the Event’s Terms and Conditions and those of Adventure Out Australia; and agree that my online confirmation and Waiver shall be binding upon me, the participant and the participant’s heirs, executors, assigns and next of kin.

Background

21  The Charitable Fundraiser (“Event”) is an event with the purpose of raising funds for Save the Children Australia.

22  In respect of the Event:

(a) Save the Children Australia markets the Event and collects information and monies fundraised;

(b) STARGAP Pty Ltd (t/a as Adventure Out Australia) provides all equipment for and personnel to instruct and manage the Event’s abseiling activities.

23  The persons that submit a Registration Form for the Event and satisfy all of the Event’s Terms and Conditions expressed in conditions one to 37 and Waiver, are referred to herein as “participants”.

Event date and location

24  Subject to condition 23, the Event will take place on Friday 16 and Saturday 17 May 2014, between 7.00am and 5.00pm (Queensland time) at 10 Eagle Street, Brisbane.

25  On or before Wednesday 30 April, each participant will be notified by phone or email (Notice 1) of:

(a) the time on 16 and 17 May 2014 that s/he is to attend the Event’s registration booth;

(b) the location of the Event’s registration booth;

(c) the time on 16 or 17 May 2014 that s/he will commence the Event’s training.

26  If for any reason Save the Children Australia or Adventure Out Australia considers that it is unsafe for the Event to commence or continue, Adventure Out Australia may at any time at their complete discretion:

(a) postpone part or all of the Event to 18 and 19 May 2014;

(b) cancel the Event; or

(c) prevent a participant from performing the Event’s training and/or activities.

27  Further, if the Event is postponed to 18 and 19 May 2014 and for any reason Adventure Out Australia considers that, on 18 and 19 May 2014, it is unsafe for the Event to commence or continue, Adventure Out Australia may at any time at their complete discretion:

(a)     cancel the Event; or

(b)     prevent a participant from performing the Event’s training and/or activities.

28  If the Event is postponed to 18 and 19 May 2014, each participant will be notified by phone or email (Notice 2) of:

(a) the time on 18 and 19 May 2014 that s/he is to attend the Event’s registration booth;

(b) the location of the Event’s registration booth;

(c) the time on 18 and 19 May 2014 that s/he will commence the Event’s training.

29  If the Event is postponed or cancelled further than 18 and 19 May 2014, or participants are prevented from performing the Event’s activities, none of:

(a) the participants; or

(b) the persons that have pledged or paid donations to Save the Children Australia or participants by reason of the Event are entitled to a refund of any pledged or paid donation(s).

30  Each participant and, if it is necessary to satisfy condition three his/her authorised parent or legal guardian, must:

(a) present to the Event’s registration booth at the time and date specified in Notice 1 and, if applicable, Notice 2;

(b) have previously completed, signed and/or submitted an online Event Registration Form and/or Parent/Guardian Consent Form;

(c) upon satisfying conditions 30 (a) and (b), complete the Event’s preliminaries as determined by Adventure Out Australia prior to participating in the Event’s abseiling activities.

31  A participant’s failure to comply with condition 30 will render the participant ineligible to participate in the Event’s abseiling activities.

32  If a participant is by reason of condition 30 ineligible to participate in all or any part of the Event, neither the participant nor the persons that have pledged or paid donations to Save the Children Australia or the participant pursuant to the Event are entitled to a refund of any pledged or paid donation(s).

Eligibility for the abseil  

33  Once a participant’s registration is confirmed, she/he must, by 11:59pm on 2 May 2014, fundraise for and pay to Save the Children Australia a minimum of $1000.00.

34  Once a team has submitted to Save the Children Australia its Event Team Registration Form, it must by 11:59pm on 2 May 2014, fundraise for and pay to Save the Children Australia a minimum of $1000.00 per team member.  Save the Children Australia may in its absolute discretion deem the minimum fundraising threshold to be reached if an individual participant has fundraised less than $1000 but the team’s total collectively equals $1000 per team participant.

35  Only participants who pay to Save the Children the minimum target of $1000 (per participant if in a team) are, subject to these terms and conditions, guaranteed to participate in the abseil.

36  Any participant or team that fails to fundraise and pay to Save the Children Australia the minimum target of $1000 per participant by 11:59pm on 2 May 2014 may be permitted to participate in the abseil by Save the Children Australia in its sole and absolute discretion.

37 Participants are encouraged to continue fundraising until Friday 27 December 2014.

Download Terms & Conditions »

 

Site Terms and Conditions

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

Introduction and acceptance of terms

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
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  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.
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GoFundraise fees

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    Special Event Fees
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Credit card payments

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Regular Giving payments

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  2. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

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

User registration

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

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

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

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.

  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.

  5. In addition, You must not use the Platform to:

    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at {support@gofundraise.com.au}

User IP

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

Authorisation to Fundraise

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

Fundraising face-to-face

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

Code of Conduct & Fundraising Guidelines

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

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:

    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

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

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

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

Survival

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

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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