Online Fundraising

Terms and Conditions
Terms & Conditions of Centre for Advancement of Indigenous Knowledges

UTS Community Fundraising Terms and Conditions

Overview and Acceptance of the Terms

  1. The UTS Community Fundraising HUB is operated by the University of Technology Sydney (ABN 77 257 686 961) (“UTS”), using the GoFundraise online fundraising platform. UTS is an Australian public research university located at 15 Broadway Ultimo New South Wales 2007 Australia. UTS is registered as a charity in Australia with the Charities and Not for Profit Commission, as well as being a deductible gift recipient for Australian income tax purposes.
  2. Your use of the Site, whether as a guest or a registered user, is subject to these terms and conditions (the “Terms”), which are effective and binding between You and us.
  3. Please take the time to read these Terms carefully before You use the Site, and consider saving or printing a copy of them for future reference.
  4. By accessing or using any part of the Site, You agree to be bound by these Terms. If You do not wish to be bound by these Terms, You must not continue to use or access this Site.
  5. By accepting these Terms, You are also agreeing that You have read, understood and are bound by the UTS Community Fundraising HUB guidelines or the UTS Community Fundraising HUB Internal guidelines for UTS Project Teams, whichever applies to Your activity.
  6. By accepting these Terms, You are also agreeing that You have read, understood, accept and will comply with the UTS Donor & Fundraising Privacy Statement and the UTS Code of Conduct or the Student Rights and Responsibilities Policy if you are a UTS student.
  7. By accepting these Terms, You are also agreeing that You have read, understood and accept the Terms and Conditions and the privacy policy of GoFundraise, who owns and operates the fundraising platform used by the Site.

Definitions

Approved Designation Fund – A UTS Centre or UTS Project created and approved as a UTS Cause by UTS and which will receive the funds raised through the UTS Community Fundraising Hub from UTS;

Community Fundraising – A type of fundraising that empowers individuals to leverage their various personal networks including family and friends, work colleagues, sporting, cultural and social groups and others to participate in or support the chosen Fundraising Activity;

Content - Any content, including (but not limited to) videos, audio clips, text, software, pictures, images, graphics and other features, data  or information which We or GoFundraise have made available on the Site or which you have uploaded to the Site;

Donor(s) - Any organisation or individual contributing financially to a UTS Cause, either directly to the UTS Centre or Project, or through a Fundraising Activity or Fundraising Page;

Fundraiser(s) - An individual or group who creates and manages a Fundraising Page in connection with a UTS Cause, with UTS named as the beneficiary. UTS staff, students, clubs & societies, alumni, donors and the wider community can create a Fundraising Page and fundraise for UTS. They can select any UTS Cause on the UTS Community Fundraising HUB, set up their own Fundraising Page and share this to their social / personal networks;

Fundraising Account – The unique account provided to Fundraisers when they create a Fundraising Page;

Fundraising Activity – a Community Fundraising activity used by a Fundraiser to raise money through the UTS Community Fundraising HUB, such as a ‘challenge’, ‘make a difference’ or ‘In memory of a loved one’ or other activity;

Fundraising Page – A webpage relating to a UTS Cause that is part of the UTS Community Fundraising HUB. The webpage is created and managed by a Fundraiser;

Fundraising Target – A fundraising goal proposed either:

  • by a Project Leader and/or Project Team with respect to a Project and approved by UTS Advancement; or
  • by a Fundraiser, with respect to a particular Fundraising Activity;

as the context provides.

GoFundraise - GoFundraise Pty Limited (ABN 43 177 454 127) of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011;

Law means any rule, regulation, directive, ruling, statute, proclamation, ordinance, by-law or other rule of law, present or future and whether local, state or federal;

Loss means loss, costs (including legal costs), expenses, penalties, damages, liability, claims, demands or proceedings;

Platform – The online fundraising platform provided by GoFundraise;

Project(s) – An individual or collaborative effort relating to an internal UTS initiative and approved by UTS Advancement. Such initiatives include but are not limited to UTS Centres, and projects relating to research, social justice, scholarships, sustainability and Indigenous education. Projects are registered, created and managed by Project Leaders and/or Project Teams with the aim of raising money for the Project’s objectives;

Project Application Form – A form required to be submitted to UTS Advancement to approve the Project for inclusion on the UTS Community Fundraising HUB;

Project Leader – the designated leader and primary contact for a Project, whether as an individual or part of a Project Team. Project Leaders are members of the UTS community (student/staff/alumni or associated group);

Project Page – A Project’s designated webpage on the UTS Community Fundraising HUB;

Project Team(s) – A group of people, managed by the Project Leader, who are involved in the creation and management of an approved Project.  Each Project Team member and their required details must be listed on the Project Application Form. Project teams are members of the UTS community (student/staff/alumni or associated group);

Project Updates – Content created by the Project Team and/or Project Leader to be posted on Project Page relating to the progress of the Fundraising Activity;

Site – the UTS Community Fundraising HUB hosted on the Platform by GoFundraise;

Terms - these terms and conditions;

User(s) – Anyone who accesses, edits, engages with or donates via the UTS Community Fundraising HUB, including but not limited to UTS students, staff, general members of the public, Fundraisers, Project Teams and/or Leaders;

Us or We - means UTS;

UTS Advancement – a UTS department which manages the approval of UTS Centres and Projects for Community Fundraising purposes and is responsible for the ongoing management of the UTS Community Fundraising Hub;

UTS Cause – A UTS Centre or Project authorised by UTS and which appears on the Site;

UTS Centre – A UTS affiliated or owned facility conducting specialist research and/or policy in a specialist area, such as The Kidman Centre, Anti-Slavery Australia, the Centre for Neuroscience and Regenerative Medicine, Centre for Social Justice, Institute of Sustainable Futures and the Centre for Compassionate Conservation;

UTS Community Fundraising HUB – An online platform provided by GoFundraise which UTS uses to promote UTS Causes and to facilitate Community Fundraising Activities; and

You/Your - means, unless the context indicates otherwise, any user of the Site.

Use of the Site

  1. The Site is available for use only by individuals who are at least 18 years old. You represent and warrant that You are of legal age to form a binding contract, and that all registration information you submit is truthful and correct.
  2. We reserve the right to:
    1. refuse access to the Site to anyone at any time, without notice and for any reason; and
    2. change our eligibility criteria for use of the Site at any time, without notice and for any reason.
  3. You may not use the Site and may not accept the Terms if:
    1. You are not 18 years of age or otherwise legally able  to form a binding contract with us;
    2. You are not allowed to use the Site under the Laws in the jurisdiction where you live or from which you access or use the Site.

Changes to the Site and Terms

  1. We reserve the right to alter or replace the Terms, or to change, suspend or discontinue the Site at any time. We will endeavour to notify you of this by posting a notice on the Site or by sending you an email. You agree that we may limit or restrict your access to all or part of the Site without notice or liability. It is Your responsibility to check these Terms periodically for changes. You agree that if you continue to use the Site following our notification of any changes to the Terms or Site in accordance with this clause, you are taken to accept those changes.

Fundraiser responsibilities

  1. Each Fundraising Activity is the sole responsibility of the Fundraiser, including ensuring all applicable legal and regulatory requirements are met. These may include but are not limited to:
    1. Insurance - it is the responsibility of the Fundraiser to arrange insurance appropriate to the event/activity, such as public liability and personal accident insurance cover.
    2. Safety - Responsibility for the safety of the activity lies with the organiser of the Fundraising Activity. This includes ensuring first aid services are available, if relevant.
    3. Licences and permits - Obtaining all necessary licences, permits and approvals (e.g. local council approvals).
    4. Legal compliance - Compliance with all relevant Law, including without limitation the provisions of the Charitable Fundraising Act 1991 (NSW) and Regulations. Refer also to the Charitable Fundraising guidelines issued by the NSW Department of Fair Trading.
  2. Each State and Territory has different fundraising Laws and it is Your responsibility to ensure You meet any obligations outlined in these Laws, including organising any necessary permit, licence, or authorisation to fundraise, particularly for raffles and competitions.
  3. You must not solicit public donations through general door-to-door, street or telephone collections, or in public places such as shopping centres or on public transport.
  4. You must not use the Site to acquire donations for personal gain or benefit.
  5. UTS cannot:
    1. Undertake tasks to assist You in running a Fundraising Activity e.g. sourcing prizes, organising publicity, providing staff resources, goods or services.
    2. Guarantee a UTS representative can attend Your Fundraising Activity.
    3. Provide public liability insurance cover for a Fundraising Activity, unless UTS expressly agrees otherwise in writing with You, with respect to your particular Fundraising Activity.
    4. Provide tax advice - please contact the Australian Taxation Office or your financial adviser if you require such advice.
    5. Promote the Fundraising Activity or Project on Your behalf.
    6. Allow You to produce any merchandise bearing the name or logo of UTS. For example, naming Your Fundraising Activity ‘UTS Sausage Sizzle’ is not permitted. Use of the ‘UTS’/’University of Technology Sydney’ name or logo is not permitted without our prior written consent.  The exception to this is the standard templates provided on the Site when setting up a Fundraising Page which are automatically branded with the specific UTS Cause.
  6. To the extent permitted by Law, UTS will not be liable for any Loss incurred or sustained by any person in connection with any Fundraising Activity.

 

 

User Registration

  1. To create a Fundraising Page, a Fundraiser must provide the details specified on the Site’s registration page. The Fundraising Page will then be set up automatically. Fundraisers will receive email confirmation of their Fundraising Account and password for logging onto and accessing the Fundraising Page.

Passwords

  1. Neither UTS nor GoFundraise accept any liability for acts carried out by any person using Your personal login information. You indemnify both of us from any Loss sustained, paid or payable by UTS or GoFundraise in connection with your failure to ensure to ensure the confidentiality of Your personal login information.

Registration of Projects

  1. No Project will be appear on the Site unless it has first been submitted to UTS Advancement by the relevant Project Team or Leader, using the online Project Application Form, and has been approved and registered by UTS Advancement.
  2. Projects must be submitted by a Project Leader. To qualify as a Project leader you must be a member of the UTS community (student/staff/alumni or associated group).
  3. UTS Advancement will assess each Project proposal to determine whether the funds raised will be for a charitable purpose and whether the Project will produce a reasonable return after expenses. UTS Advancement may approve or reject a proposed Project in its absolute discretion. The matters it may take into account when considering approval include, but are not limited to those outlined in the UTS Community Fundraising HUB INTERNAL guidelines.
  4. UTS cannot guarantee the Project Team will reach the Fundraising Target.
  5. Projects must be registered in accordance with the UTS Community Fundraising HUB INTERNAL guidelines. Failure to comply with these guidelines can result in the project not being approved or being terminated without notice.
  6. The Project Teams and/or Project Leader are responsible for providing the original Content for the Project Page, and or ensuring this has prior approval from the relevant manager (Dean/Executive Dean/Head of Department /Executive Director).

 

  1. Unless otherwise agreed with UTS Advancement, Project Teams must provide two Project Updates during the agreed Project campaign period to Donors and Fundraisers and one final Project Update once the campaign has completed.

 

  1. The Content and Fundraising Target cannot be changed once the Project has commenced, however Project Updates can be added at any time via UTS Advancement email fundraise@uts.edu.au

 

  1. If You submit a Project with us, You represent, warrant and undertake and acknowledge to UTS and all Users of the Site that:
    1. You are 18 years of age or older;
    2. You are the person with ultimate responsibility for the Project (or are otherwise acting with the express authority of that person);
    3. You will obtain, maintain and renew (as applicable) any necessary approval, authority, consent or licence in relation to your use of the Site to achieve funding for the Project and comply with all applicable Law;
    4. All donations and funds will only be released to the Approved Designation Fund through UTS. All funds raised must only be used for the Project’s defined purpose. Project Team members are prohibited from keeping any funds raised as profit or compensation. All Projects must be non-profit in nature;
    5. You will apply all donations received in accordance with the Project’s stated aims;
    6. You will not offer securities/financial instruments in return for donations; and
    7. You will not misuse any donations including not using any monies pledged for purposes which are not stated aims of the Project.

Fundraising Page

  1. Fundraisers who create a Fundraising Page through the UTS Community Fundraising HUB may only use that Fundraising Page to fundraise for a UTS Cause. All external funds raised by a User with a Fundraising Page must be donated via the Site except for funds collected off-line, in which case the UTS Gift Processing Form is required to be completed (provided by UTS Advancement on request through fundraise@uts.edu.au).
  2. Where a Fundraiser creates a Fundraising Page in favour of a UTS Cause, the UTS Cause must be first registered on the Site.
  3. The creation by a Fundraiser of a Fundraising Page, in no way implies that UTS approves or endorses Your Fundraising Activity.
  4. Where a Fundraiser builds a Fundraising Page on the UTS Community Fundraising HUB, the Fundraiser must ensure that the Content which the Fundraiser uploads to the Fundraising Page is not:
    1. detrimental to the brand or reputation of UTS or any UTS affiliates or partners;
    2. misleading or deceptive as to the nature or benefits of the Fundraising Activity, Project or UTS Cause; or
    3. misleading as to that Fundraiser’s identity or affiliation with any person or group.
  5. Except in relation to Content which a Fundraiser uploads to their Fundraising Page, a Fundraiser may not remove, alter, add to or change anything on the Site.
  6. UTS may (but has no obligation to) pre-screen, review, flag, filter, modify, refuse or remove any Fundraise Pages or Content from any part of the Site.  UTS does not actively and/or continuously moderate the Fundraising Pages built on the UTS Community Fundraising HUB but it reserves the right to remove or edit any Content posted on the Fundraising Page at its sole discretion and without notice, regardless of whether it is, in the opinion of UTS or any third party, in breach of these Terms. If a User notices any Content posted on the Site which the User considers to be in breach of these Terms or is otherwise offensive, dangerous, inappropriate or unlawful, the User should contact UTS.

 

Donations, Payment and Fees

  1. Projects and Fundraising Pages must not offer dollar value gifts in return for donations.
  2. Any donation made through the Site 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 proven to UTS’s reasonable satisfaction, then the donation will be refunded unless it has already been credited to the relevant UTS Cause. UTS is responsible for managing refunds.   
  3. Offline donations (e.g. Cash or Cheque) must be received through the UTS Gift Processing Form provided by UTS Advancement (provided by UTS Advancement on request through fundraise@uts.edu.au).

 

  1. Enquiries regarding donations, including but not limited to regular giving, cancellations of a donation, tax receipts must contact UTS Advancement for support on +61 (02) 9514 9861 or email fundraise@uts.edu.au.
  2. Fees charged by GoFundraise under their standard fee arrangement set out in their Terms and Conditions are absorbed by UTS and are not charged to Donors.
  3. Where a Fundraising Target relating to a Project, Fundraising Page or Fundraising Activity is promoted or publicised on the Site or another location, UTS is not responsible for that Target being met.
  4. All donations, whether the Fundraising Target was achieved or otherwise, will be received by UTS and directed into the Approved Designation Fund. If for any reason the relevant UTS Cause is suspended or discontinued, UTS will apply any relevant donations towards a UTS cause or purpose it considers to be most similar.  

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. of this clause. 
  2. Either UTS or GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the UTS Community Fundraising HUB and any Content they provide on the Site. A User must not:
    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Site, Platform or in any Content provided by UTS or GoFundraise; or
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such Content or any part of the Site, whether directly or indirectly, or authorise any other person to do so.

User Content Licence

  1. The User grants UTS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which the User submits, posts or displays on, or through, the Site for purposes connected with the administration of the Site and for fundraising and promotional purposes.
  2. Each Fundraiser, Project Team and Project Leader warrants that all Content uploaded by them to a Fundraising Page, Project Page or otherwise is owned by them or they have the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Fundraising Page and/or Project Page; and
    2. grant the licence comprised in this clause.
  3. The User indemnifies UTS from and against all Loss sustained, paid or payable by Us in connection with a claim by any person that any Content provided by the User infringes the Intellectual Property Rights of that person.

Content

  1. You understand that by using the Site you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site at your own risk.
  2. UTS will not be responsible, or liable to You or to any third party, for the content or accuracy of any Content posted by You or any other User of the Site.
  3. No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of Content on the Site.
  4. The views expressed on the Site do not necessarily represent UTS’s views or values.

Termination of Use

  1. UTS reserves the right to reject a Project Application Form, remove a Fundraising Page or terminate use of the Site by a 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 Site 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 the User’s conduct in using the UTS Community Fundraising HUB;
    2. You breach these Terms; or
    3. We deem Your behaviour to be unacceptable (as solely determined by Us).

No Warranties

  1. UTS, in conjunction with GoFundraise, will make reasonable commercial efforts to ensure the Site remains operational. Despite this clause, the User acknowledges and agrees that UTS cannot and does not guarantee continuous operation of the Site or the integrity of the data stored or transmitted in or through the Site or the public Internet. To the extent permitted by Law, UTS excludes all express or implied representations, warranties or guarantees or liability arising from or in connection with the operation or availability of or your use of the Site.

 

Limitation of liability and indemnity by User

  1. UTS will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever or any Loss arising from or relating to lost or corrupted data, loss of business or profits, injury, illness, or security failure resulting in any way from:
    1. the use of the Site by a User;
    2. the representations or activities of a User on or through the Site; or
    3. the Fundraising Activities of a User.
  2. The User indemnifies and holds UTS and its affiliates, officers, employees and agents harmless from any and against all Loss arising from any claim or proceedings brought by any third party arising from or in connection with:
    1. the use or misuse of the Site by the User;
    2. Content uploaded by the User;
    3. any breach by the User of these Terms; or
    4. any liability arising out of the use of the User’s Fundraising Account.

Notice

  1. A User notifying or giving notice to UTS under these Terms must do so by notice:
    1. in writing;
    2. addressed to UTS 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 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).

 

Electronic Notification Policy

  1. By using the Site, You consent to receiving from UTS electronic communications (including notices, agreements, legally required disclosures or other information) in connection with the Site and any relevant Projects.
  2. In addition, we reserve the right to contact Project Teams and Project Team Leaders by telephone should a problem arise with their Project.

Linking on the Site

  1. You may link to any page of the Site on an exterior website, provided You do so in a way that is fair and legal and does not damage the reputation or UTS or any UTS affiliates or partners.
  2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by You. The Site must not be framed on any other site.
  3. We reserve the right to withdraw linking permission without notice. The website to which You are linking must comply in all respects with the content requirements set out in these Terms.

Privacy and Data

  1. We will comply with our Donor & Fundraising Privacy Statement in relation to the collection, use and disclosure of any Personal Information that you provide to us.
  2. Fundraisers must not collect, store, disclose, sell, modify, manipulate or otherwise use any Donor data, including but not limited to the Donor’s name, contact information, address or payment information (”Donor Data”) except in the limited case of offline donations. In this case, Fundraisers may collect such Donor Data as is required in the UTS Gift Processing Form (see clause 29 above) and must destroy any Donor Data collected immediately after providing the completed form to UTS for donation processing purposes. 
  3. UTS Project Teams and Project Leaders may in some instances be able to use Donor Data for the purpose of providing Donors with Project Updates and thanking them for their support of their chosen UTS Cause. However UTS Project Teams and Project Leaders must not collect, store, disclose, sell, modify, manipulate or otherwise use Donor data for any other purpose.

Governing Law

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

 

Site Terms and Conditions

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

Introduction and acceptance of terms

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

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

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

    Standard arrangement
    GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the beneficiary, event organiser or platform offer a "traditional" service fee model of a small service fee typically between 0% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

    Special Event Fees
    Some event organisers, beneficiaries, corporates of similar may charge a “Special Event” fee to offset the costs of administering the event this fee will be stipulated within the terms and conditions of the event and beneficiaries can choose to opt out of the event if they choose. Standard transaction charges are paid, unless otherwise stipulated by the beneficiary. GoFundraise reserves the rights to change the service fee model at anytime, all donations will occur at the described rate at the time of transaction.
    Donor Pays Option
    Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt), Stripe charged at the designated rate based on the beneficiaries plan. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
  3. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

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

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $2.00 AUD.
  2. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

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

User registration

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

Passwords

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

Indemnity for misuse of Your login information

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

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
  5. In addition, You must not use the Platform to:
    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at support@gofundraise.com.au

User IP

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

Authorisation to Fundraise

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

Fundraising face-to-face

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

Code of Conduct & Fundraising Guidelines

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

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

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

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.
  2. A notice given in accordance with clause 41 above, will be deemed received:
    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

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

Survival

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

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated September 2020