Terms & Conditions of Unite for Hope 2022 - Sydney

Unite for Hope General Terms & Conditions

By registering to take part in the Pancare Foundation’s Unite for Hope physical events, Pop Up events, or Do it My Way events for 2022, I agree to the following terms and conditions:

 

Registration:

  • I understand that I am required to complete the registration form and pay the entry fee. I declare that all information provided on the registration form is true and correct.
  • I understand the entry fee is non-refundable, and cannot be deferred towards a future event, nor can an entry be transferred to another person. I understand that registration closure is determined and announced when event participation reaches the established capacity or a pre-set date.
  • I accept that the event organiser may offer discounted entry fees at its discretion.
  • I understand that the Unite for Hope events are free to spectators.

 

Safety and Wellbeing:

  • I declare that I am 16 years or older on event day or that I am the parent/legal guardian of the participant who is under the age of 16 years. I have read and understood the terms and conditions and as the parent/legal guardian, I agree to these terms and conditions on behalf of the participant.
  • I understand the event organisers reserve the right to delay, postpone or cancel the walk/run in the event of adverse weather conditions, COVID 19 restrictions or other events outside the organisers control. The determination of what constitutes this is at the discretion of Pancare Foundation.
  • I understand that it is my responsibility to frequently check for event updates triggered by COVID 19 restriction changes or other events.
  • I understand that I must follow all social distancing, hygiene and attendance recording procedures in place for the event.
  • If I am a team leader or registering multiple people, I certify that I have made all persons in my team aware of these terms and conditions, and that agreeing with them themselves, they have authorised me to register on their behalf.
  • I agree to follow all instructions given on the day from all event officials including Pancare staff and Pancare volunteers, medical personnel and security officers throughout the duration of the event.
  • I accept that it’s my responsibility to safely manage my personal belongings throughout the course of the event and that Pancare Foundation will not accept any loss or damage of personal items.
  • I agree to conduct myself in a professional and courteous manner during participation in the event and understand that the Pancare Foundation or its representatives may remove me from the event if my behaviour is inappropriate, offensive or abusive, if I damage any property, if consumption of alcohol or drugs is suspected as the use of alcohol or drugs is strongly prohibited at this event.
  • Baby joggers, baby strollers and wheelchairs, where the course route safely allows, are permitted on the course and I understand that in the interest of safety, (if I am using any of these) I will start towards the back of the group.
  • I understand that roller skates/blades, bicycles, scooters or skateboards are not permitted at the event.
  • First aid will be available at all Pancare Unite for Hope events. I understand that should I, or a member of my family/team require ambulance transport to hospital, it will be at the expense of the participant.

 

Covid-19 Special Terms & Conditions:

  • I will ensure that I am following the relevant National, State and/or Territory laws, regulations and guidelines relating to the COVID-19 pandemic.
  • I will not participate in any Events if, in the past 14 days:
  • I have undergone a COVID-19 test
  • I have come into contact with a person who has been diagnosed with COVID-19
  • I have come into contact with someone who is a close contact of a person who has been diagnosed with COVID-19.
  • I have experienced a temperature, flu-like symptoms, repertory symptoms, a sore/dry throat or a persistent cough or any other symptom that is associated with COVID-19.
  • I understand that it is my responsibility to frequently check for event updates triggered by COVID 19 restriction changes or other events.
  • I understand that I must follow all social distancing, hygiene and attendance recording procedures in place for the event.

 

Parking:

  • I accept that whilst the event organiser(s) make every effort to ensure event sites have adequate parking facilities, they will not provide/pay for parking for their participants or spectators. I accept that it is my responsibility to locate suitable parking for the duration of the event(s). 

 

Acknowledgment and Waiver:

  • I declare that as a condition of entry to the 2022 Unite for Hope, I am not aware of any injury, illness, physical disability or impairment which may cause me injury or death during, or as a consequence of event participation.
  • The decision to take part in Unite for Hope is my own and that no person(s) or organisation(s) will be held responsible for any accident, injury or loss to myself prior to, during or after the event.
  • As there is no personal injury insurance provided to participants, I understand that I should, in my own interest, independently seek and obtain personal insurance.
  • I understand that photographs and videos of the walk/run will be taken for publicity purposes. I understand that my image may be used and give permission to the Pancare Foundation to freely use these across any form of media or promotional materials. If, for whatever reason, my photo cannot be used on social media I will advise the event organisers in advance and make it clear on the day.
  • I consent to the Pancare Foundation entering my personal details from the registration form into their database for the administration of the event, including to SMS event information to me if I have provided a mobile phone number. Unless otherwise indicated by me on the registration form, I also consent to my personal details being used by the Pancare Foundation for future marketing and event purposes.

 

Terms and Conditions Relating to Unite for Hope Walk/Run Event

Pancare Foundation hosts Unite for Hope a physical event where participants can be in person and take part, following a pre-defined course. By registering to attend, you agree to abide by these Terms and Conditions in addition to the General Terms and Conditions set out above.

  • I understand that I must follow the approved course, observe traffic rules and obey all directions and instructions given by event officials and course marshals.
  • I understand that no vehicle may be used in the Event including but not limited to: roller skates, rollerblades, handcycles, geared or motorised vehicles, skateboards, bicycles, scooters, or accessories and I will not bring or allow my team to bring, such items to the Event.
  •  I understand that if I bring a dog to an Event, I acknowledge and will abide by the following rules and guidelines:
  • I understand that dogs can only take part in the Events in Melbourne and Brisbane.
  • I agree to take full and total responsibility for my dog at all times. My dog is not a danger to people,  nor does he/she have a history of aggression or biting.
  • I understand that there may be people present on the day of the Event who are elderly or frail. I understand that my dog cannot be permitted to become a hazard to these or other people at any time.
  • I agree to keep my dog restrained on a lead at all times. I understand that dogs and dog leads can become trip hazards and agree to ensure that my dog and lead do not become one. I agree that if my dog shows any unusual behaviour or signs of aggression, I will remove him/her from the area immediately without being prompted by event staff to do so.
  • The event organisers hold the discretion to at any time require the dog and participant to be removed from site.
  • I hereby waive and release Pancare Foundation and any other organisation or individual associated with the event, from any injury or damage resulting from the action of my dog, and I expressly assume the risk of any such damage or injury to any party whatsoever while attending the event.
  • I will clean up after my dog and bring my own bags.
  • I will bring water for my dog.
  • I understand that dogs can only take part in the walks, and I will not run with my dog.

 

Terms and Conditions Relating to Unite for Hope Pop up Events[BM1]

Pancare Foundation Volunteers host Unite for Hope Pop Up Events, a physical event in local communities where participants can be in person and take part. By registering to attend, I agree to abide by these Terms and Conditions in addition to the Unite for Hope General Terms & Conditions (above).

  • I understand that there is no pre-defined course and will not be marked or have check-in points.
  • I agree that I must observe traffic rules and obey all directions and instructions given by local authority’s and event officials.
  • I understand that although there is no pre-defined course Pancare Foundation and/or the Event Manager may suggest a short course to follow. Although Pancare Foundation and/or the Event Manager may have suggested a short course, that course will not be monitored or supervised by Pancare Foundation and/or the Event Manager and I accept any risk associated with following the suggested course.
  • I understand that no vehicle may be used in the Event including but not limited to: roller skates, rollerblades, handcycles, geared or motorised vehicles, skateboards, bicycles, scooters, or accessories and I will not bring or allow my team to bring, such items to the Event.

 

Terms and Conditions Relating to Do it Your Way Events

As a host of a Do it Your Way Event, I declare, as a condition of entry into and Hosting a Do it Your Way Event that I agree to the Unite for Hope General Terms & Conditions (above) and the following additional Terms and Conditions:

  • The decision to hold a Do it Your Way Event is entirely my own and I accept all risks associated with the event, including but not limited to the safety of participants.
  • I agree to abide by current government regulations and will follow the relevant national, state and/or territory law, regulations and guidelines.
  • provide the Pancare Foundation Fundraising team with any information or records relating to the Do it My Way event conducted by me.
  • I accept responsibility to comply with all the relevant laws and regulations, including following WH&S requirements and obtaining any permits, licences and insurance required for the Do it My Way event.
  • I acknowledge that I can speak to the Fundraising team at Pancare Foundation if I need assistance.
  • I acknowledge that I will need written authority from Pancare Foundation to fundraise before I start collecting money for Pancare Foundation through my Do it My Way Event. Such authority can be provided only by Pancare Foundation.
  • Any Pancare Foundation intellectual property, including the Pancare Foundation logo and name, Unite for Hope logo and name or other branded materials, shall only be used with prior written authorisation from Pancare Foundation and must be sought in each circumstance. This intellectual property must be used in accordance with guidelines (e.g., brand guidelines) and cannot be changed or altered in any way without the prior written approval of the Pancare Foundation.
  • Any public announcement, statement or media release in any form or on any platform that mentions participation in Pancare Foundation’s related activities or campaigns, including Unite for Hope or Unite for Hope Do it My Way or any other form of partnership or association with any of the aforementioned brands requires the prior written approval of Pancare Foundation.
  • I will obtain the written approval of the Pancare Fundraising team before any local sponsors for my event are confirmed to ensure appropriateness of the brand alignment, and to ensure I understand the sponsors’ logos may be used in association with the event.

 

I acknowledge and agree that:

  • By organising this event, I am making a commitment to hold this as a fundraising event, not just an awareness event.
  • Pancare Foundation cannot pay for my event costs.
  • I must advise the Pancare Fundraising Team of the percentage, dollar amount or expected net proceeds of the funds raised for Pancare Foundation through my Do it Your Way event, prior to commencing organisation of my event.
  • The Pancare Fundraising team are there to help me maximise my fundraising efforts and that I can contact them for support/advice.
  • Expenses incurred in running my Do it My Way Event are not to be taken from funds raised for Pancare Foundation without prior written from Pancare Foundation.
  • All money raised must be remitted to Pancare Foundation within 30 days following the end of the event, except with the prior approval of Pancare Foundation.
  • Pancare Foundation will not supervise and bears no responsibility for the management or conduct of the fundraising event I organise.
  • It is my responsibility to conduct the fundraising event in a manner that upholds Pancare Foundations’ integrity, professionalism, mission and vision.
  • If requested by Pancare Foundation I will provide still and/or video images in digital format photos, video, estimated participant numbers and testimonials about my Do it Your Way Event to be used to encourage others to run similar events.
  • It is my responsibility to have obtained appropriate permission for use of any images or branding before providing that material to the Pancare Foundation Fundraising team.
  • I acknowledge that Pancare Foundation accepts no responsibility for quotes, figures, videos, photos or other information published or used in any marketing materials or other publication that have been provided to Pancare Foundation by me.
  • It is my responsibility to notify Pancare’s Fundraising team if the details of my Do it My Way Event change.

 

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.
  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 January 2024

 

 

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