Terms & Conditions of Run2Cure Local 2020

TERMS AND CONDITIONS OF THE NEUROBLASTOMA AUSTRALIA RUN2CURE LOCAL 2020

Due to the COVID-19 crisis, Neuroblastoma Australia Incorporated (ABN 74 173 375 414) (NBA) has created its first virtual event called Run2Cure Local (Virtual Event). NBA is organising the Virtual Event with support from Multi-Sport Timing, other service providers, volunteers and Event sponsors (NBA and those persons, together, the Virtual Event Organisers).

By registering for the Virtual Event, I agree to the following terms and conditions for and in respect of myself (Primary Entrant) and each other person that I enter into the Virtual Event by buying him or her registration for the Virtual Event, including any minors or team members (Secondary Entrants) (Primary Entrants and Secondary Entrants are both referred to below as Entrants):

1.    Entries, Fees and Donations. The Virtual Event Organisers may offer discounted Virtual Event registration fees at its discretion. To the full extent permitted by law, all entries are non-transferable and registration fees are non-refundable except as follows:

(a) a Primary Entrant may make a request for a refund for their or a Secondary Entrant's registration fees prior to 23rd August 2020 where the relevant Entrant (or another Entrant responsible for that Entrant's supervision and wellbeing) is no longer able to participate in the Virtual Event for a medical reason supported by a medical certificate. To make a request, please notify NBA via email at info@nb.org.au; and (b) to the extent that a refund or transfer is required to be offered under the Australian Consumer Law.

Registration fees will be processed by Register Now and fundraising donations and fees will be processed by Go Fundraise and then passed to NBA.

Donations and funds raised will go to leading research institutes to support research into neuroblastoma as well as to support the work of the charity NBA.

To the full extent permitted by law, donations are non-refundable.

2.    Assumption of Risks and Conditions of Participation: Each Entrant acknowledges and agrees as follows:

(a)          Entrants must walk and/or run with care and take all reasonable measures to protect themselves and others from the risks of participation in the Virtual Event, including through social distancing and hygiene measures.

(b)          Entrants accept all responsibility for their own travel and medical insurance and for payment and/or reimbursement of reasonable medical/surgical expenses incurred on their behalf, if any.

(c)           WARNING: participation in the Virtual Event involves the real risk of serious injury, illness or risk of death, from various causes including over-exertion, slippery or uneven surfaces, obstacles and trip hazards, dehydration, accidents with or transmission of disease due to close proximity to other persons, e.g. road users, and the impact of weather conditions, just to name a few. Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage or other soft tissue, as well as blisters, cuts and abrasions. Injuries may also arise from exertion, including heart attack, fainting and loss of consciousness. Illness may include the onset or exacerbation of respiratory conditions. Each Entrant (or, for minors, their parent or legal guardian) has voluntarily read and understood this warning and accepts the inherent risks of the Virtual Event. Entrants also acknowledge that there may be risks that are not known or reasonably foreseeable at this time.

(d)          To the best of each Entrant’s knowledge, they are not suffering from symptoms and/or a condition which would prevent and/or render them unfit to participate in the Virtual Event, or put the health or safety of other persons in their vicinity at risk. Each Entrant recognises the difficulties and risks of participating in the Virtual Event and confirms that they are physically fit to compete safely, have trained sufficiently and have not been advised by a qualified medical practitioner not to participate in the Virtual Event.

(e)          To the full extent permitted by law, each Entrant enters into and participates in the Virtual Event at their own sole risk.

(f)           Entrants are responsible for all personal items or other property they bring with them or leave elsewhere during participation in the Virtual Event, and their own data and devices. To the fullest extent permitted by law, the Virtual Event Organisers are not responsible for these items, property or data, or for any loss or damage to it.

(g)          Entrants agree to conduct themselves in a courteous, reasonable and law-abiding manner during participation in the Virtual Event. In particular, Entrants undertake to comply with all applicable regulations, by laws and rules of the Australian Sports Anti Doping Agency (ASADA) in relation to the Virtual Event, and all applicable laws, regulations, directions and current guidelines relating to COVID-19 or public health that are applicable in the State or Territory where the Entrant is located. Entrants also agree to abide by the directions and decisions of any law enforcement and public health officials who they encounter whilst participating in the Virtual Event.

(h)          Entrants are responsible for organising their own walk or run and if, the Entrant is organising a team, the Entrant will advise all team members of all known risks of participation including those described in this clause 2.

(i)            Entrants understand that the Virtual Event is scheduled to take place during the COVID-19 pandemic and, as such, Entrants must check laws, regulations, directions and public health guidelines in effect in their location and ensure they comply with them. Entrants agree not to proceed with the Virtual Event and not to organise or participate in a team to the extent that this would breach local laws, regulations, directions or public health guidelines in effect in their location.

3.    Liability, release and indemnity. To the full extent permitted by law:

a)            the Entrant releases and discharges the Virtual Event Organisers and their directors, officers, employees, volunteers, contractors, agents and representatives (together, Relieved Persons) from all liability (whether arising in negligence or other tort, contract, under statute or otherwise) for any loss, damage, penalty, cost or expense suffered or incurred by the Entrant in relation to their attendance at and participation in the Event, including in relation to death, illness and personal injury (this means that, except to the extent the law requires otherwise, Entrants cannot make claims described in this clause against the Relieved Persons);

b)            if any claim is commenced, including without limitation in relation to personal injury or illness, property damage or wrongful death, arising from the Entrant's attendance at or participation in the Event, the Entrant must indemnify and hold harmless the Relieved Persons from such claims and any and all loss, damage, injury, penalty, cost or expense in connection with them (this means that, except to the extent the law requires otherwise, Entrants must protect the Relieved Persons from, and reimburse them for, any claims described in this clause);

c)            each Entrant understands and agrees that, to the full extent permitted by law:

i)             each Relieved Person excludes all liability for damage for any harm (including but not limited to personal injury, illness or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that recreation services will be rendered with reasonable care and skill (this means that Entrants cannot claim against the Relieved Persons in relation to the loss and damage described in this clause in relation to recreation services supplied by the Relieved Persons);

ii)            each Relieved Person excludes all liability in connection with the supply of those services by them for death; physical or mental injury; the aggravation, acceleration or recurrence of a physical or mental injury; the contraction, aggravation or acceleration of a disease; and the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of a Relieved Person to supply recreational services in compliance with an applicable statutory consumer guarantee (this means that Entrants cannot claim against the Relieved Persons in relation to the matters described in this clause because of the Relieved Persons' failure to supply recreational services: (A) with due care and skill, (B) that are fit for purpose, and/or (C) within a reasonable time);

iii)           except for any non-excludable statutory consumer guarantees, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred in fact, by statute, custom, or the general law that would impose any liability or obligation on Relieved Persons and which may lawfully be excluded are excluded; and

iv)           except to the extent the law requires otherwise, none of the Relieved Persons will be liable to Entrants or any other person in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct, indirect or consequential losses, damages, costs and expenses) suffered or incurred by Entrants or any other person in connection with Event; and

d)            the provisions in clauses 3(a) to (c) do not apply to the extent that the loss, damage or other harm suffered or incurred by the Entrant is caused by the reckless conduct of the relevant Relieved Person(s).

4.    Media release. Each Entrant consents to the publication and/or use in any form of media whatsoever of the Entrant’s name, race result, image, voice, statement or otherwise, including the publication of the Entrant’s names and/or event results and applicable age brackets in /or on NBA's marketing materials/website without payment or compensation. On behalf of any Secondary Entrant, the Primary Entrant similarly consents to the use of their name (first name only for minors), race results, image, voice, statement or otherwise and applicable age bracket being used to promote the Virtual Event in any form of the media without payment or compensation.

5.    Privacy and personal information. Each Entrant consents to personal information of the Entrant being provided to NBA, Register Now, Go Fundraise and Multi-Sport Timing, and other organisers/sponsors/partners of the Virtual Event. Each Entrant consents to receiving regular emails, newsletters or SMS updates from the Virtual Event Organisers and their partners to keep them informed about the Virtual Event and their activities including marketing initiatives and other fundraising events for cancer.

6.  Cancellation and Delay/Postponement. NBA reserves the right to cancel, delay or postpone the Virtual Event for health or safety concerns due to the COVID-19 pandemic or otherwise where NBA considers the Virtual Event cannot go ahead as planned as a result of something beyond the reasonable control of NBA, including without limitation bad weather or bad weather warnings, governmental restrictions or interventions, lightning and accidents. Where such cancellation, delay or postponement occurs, all Entrants’ entry fees will be dealt with as set out in clause 1 of these terms and conditions and Entrants must not proceed with the Virtual Event. Notification of the cancellation, delay or postponement will be made via email, Facebook and/or NBA's website. Any profit will go to neuroblastoma research and NBA. To the full extent permitted by law and except to the extent the Australian Consumer Law requires otherwise, Entrants acknowledge and agree that they will have no claim against the Virtual Event Organisers for any loss, damage, penalty, costs or expenses suffered or incurred as a result of or in connection with such cancellation, delay or postponement.

7.  Registering Under 18s. The Primary Entrant warrants (promises) in respect of each Secondary Entrant who is under 18 years old that the Primary Entrant: (a) is over 18 years of age, (b) is the Secondary Entrant’s parent or legal guardian, (c) will be totally responsible for the Secondary Entrant's welfare, safety and well-being throughout the Virtual Event, and (d) if the Secondary Entrant is under 12, will ensure that the Secondary Entrant will not be left unattended at any time during the Virtual Event. The Primary Entrant acknowledges that the  Virtual Event Organisers do not agree to assume responsibility for the welfare, safety and well-being of minor Secondary Entrants and that those Secondary Entrants are not under the Virtual Event Organisers' care at any time.

8.   Registering Secondary Entrants. The Primary Entrant confirms that: (a) they are the duly authorised agent/attorney for all Secondary Entrants; (b) they are authorised to and do agree to these terms and conditions for and on behalf of the Primary Entrant and all Secondary Entrants; and (c) all Secondary Entrants over the age of 15 have been informed of all the matters in these terms and conditions and, to the extent that they have legal capacity to do so, those Secondary Entrants agree to these terms and conditions.

9. General provisions. These terms and conditions are governed by New South Wales law. If a provision of these terms and conditions is invalid or unenforceable in a jurisdiction: (a) it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and (b) that will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions. To the full extent permitted by law, these terms and conditions are the entire agreement of the parties about their subject matter and supersede all other agreements, representations, negotiations, arrangements, understandings and communications.

 

If you wish to opt-out of receiving communications from the Virtual Event Organisers and their partners please email info@nb.org.au.

 

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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