Terms & Conditions of Wiggle Amy's Gran Fondo 2017

 

2017 WIGGLE AMY’S GRAN FONDO TERMS AND CONDITIONS

 

The following terms and conditions (Terms) apply to all participants (as a cyclist or otherwise) in the Amy Gillett Foundation (AGF) 2017 Wiggle Amy’s Gran Fondo (Event), and in the case of a child under the age of 18, the parent or legal guardian of the participant.

 

In consideration of my participation in the Event, by selecting the "I agree to the above terms and conditions" box below I warrant and represent to AGF that I have carefully read, understand and agree to be bound by the following the Terms:

 

Definitions

1.                     In these terms and conditions:

(a)         "AGF" means and includes the Amy Gillett Foundation Pty Ltd, the appointed Event operational delivery organisation (Event organiser), their subsidiaries, related bodies corporate and their respective directors, officers, members, servants or agents.

(b)         “Claim” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with the Event, but does not include a claim against AGF by any person expressly entitled to make a claim under an AGF insurance policy.

(c)          “Event” means all events incorporated into the 2017 Wiggle Amy's Gran Fondo cycling festival, including the Wiggle Amy's Gran Fondo, Medio Fondo, Family Fondos, Gravel Fondo, Amy’s Wall, CycloCross or any other event presented or conducted by AGF occurring on the weekend of 16 & 17 September 2017.

(d)         "Terms" means these terms and conditions.

Rules of Participation

2.                     The Event rules, these Terms and any other terms and conditions of entry (including but not limited to information on how to enter the Event) comprise a contract between me and AGF for my participation in the Event.

3.                     I acknowledge that my application to enter the Event will be accepted upon notification to me by AGF and I acknowledge that I will be bound by and agree to comply with such rules, terms and conditions as may be imposed by AGF with respect to the conduct and management of the Event, including but not limited to competition rules and all relevant rules, regulations, policies and codes of conduct, as amended from time to time.  I agree to follow any rules and/or directions set by AGF in connection with the Event and comply with all traffic and road laws and all directions issued by the Victoria Police and Event marshals. I understand that if I fail to comply with any such rules or directions I may not be permitted to participate or to continue to participate in the Event and no refund will be given. 

4.                     I agree to abide by any decision the AGF may make in relation to my continued participation in the Event.

5.                     I certify that either I am or shall be 18 years of age or over as on the day of the Event, or where that is not the case my parent/guardian has agreed to these Terms and Conditions on my behalf.  In those circumstances, my parent/guardian agrees to release and indemnify the AGF in the same manner and to the same effect and extent as if they were the person first named on the registration form and participating in the Event.

6.                     If I am a cyclist participating in the Event, I understand that it is necessary for, and I take full responsibility for ensuring that, my bicycle to be in sound mechanical order and suitable for public road riding prior to commencing the Event.

7.                     I understand that the Age Group category of the Event is a UCI World Cycling Tour qualifier event for the UCI World Amateur Road Cycling Championships, and that the Event is sanctioned by Cycling Australia. I acknowledge that if I have registered for the Event in the Age Group category, I am bound to comply with the Cycling Australia Anti-Doping Policy (available at http://www.cycling.org.au/Anti-Doping-Policy-Information).  Accordingly, if I am a competitor in the Age Group category of the Event I understand I may be required to undergo testing and provide samples at the Event.  Such testing and collection of samples will be conducted by the Australian Sports Anti-Doping Authority (ASADA) in accordance with the ASADA Act and the National Anti-Doping Scheme.  I understand if I infringe the Cycling Australia Anti-Doping Policy or otherwise refuse to undertake a test and/or provide a sample I may be disqualified or otherwise dealt with in accordance with the terms of the Cycling Australia Anti-Doping Policy.

8.                     I understand that it is compulsory for me to wear all of the participant identification items provided at all times during the Event.

9.                     I agree that at all times during the Event that I am responsible for my equipment and personal belongings.

10.                I understand that AGF may change the Event format, course or other event conditions at its discretion for any reason deemed appropriate by AGF.

11.                I agree that if the Event is altered or cancelled for reasons including but not limited to storms, rain, inclement weather, winds or other Acts of God, or any other factors beyond the control of AGF, my registration is non-refundable. I understand that unless otherwise stated in these Terms as required by law, the AGF is under no obligation to refund monies or entry fees due to cancellation for any reason, failure to participate or dissatisfaction by the participant.

12.                I acknowledge that my registration is not transferable to other people under any circumstances. Any attempt to transfer my entry or allow another person to participate under my name may result in my registration being cancelled without refund.

13.                I understand that if I notify the AGF of my withdrawal from the Event on or before 11.59pm on 14 July 2017 in writing, providing my name, address and reason for cancelling, 75% of my registration fee will be refunded.  After this, if I withdraw by 11.59pm on or before 11 August 2017, 50% of my registration fee will be refunded.  Thereafter I acknowledge that no portion of my entry fee will be refunded.

Fitness to Participate and Disclosure

14.                By agreeing to the Terms, I warrant and declare that prior to participating in the Event:

a.           I am medically and physically fit and able to participate in the Event; 

b.           I am not and must not be a danger to myself or to the health and safety of others; 

c.            I am not presently receiving treatment for any condition, illness or disorder or injury which would render it unsafe for me to participate in the Event; and

d.           I will immediately notify AGF in writing of any change to my medical condition, fitness and ability to participate.

15.                I acknowledge that I must, and I agree that I will, disclose any pre-existing medical or other condition that may affect the risk that either I or any other person will suffer injury, loss or damage.

16.                I understand, acknowledge and accept that AGF will continue to rely upon this declaration as evidence of my fitness and ability to participate in the Event and that all such medical or other information is accurate and complete.

17.                I agree to report any accidents, injuries, loss or damage I suffer during the Event to AGF before I leave the Event. 

Safety

18.                I understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance (including any "side effects" from any medication I may have been prescribed) before or during the Event, and I accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.

19.                If I suffer any injury or illness, I agree that AGF may provide any medical treatment that AGF reasonably considers necessary or desirable for me during my participation in the Event including evacuation, first aid and/or medical treatment.  I also agree to reimburse AGF for any costs or expenses incurred in providing me with medical treatment.

Exclusion of Participant

20.                If I am a cyclist participating in the Event, I warrant that I have not at any time been excluded from cycling by a medical practitioner or any person or entity, including AGF.  I acknowledge and agree that AGF may demand a medical certificate or opinion as to my fitness from a qualified medical practitioner PRIOR to me undertaking the Event.  Failure to provide a satisfactory medical certificate may result in a decision (prior to or during the Event) to exclude me from the Event.  I agree to abide by any decision AGF may make in relation to my continued participation in the Event.

21.                The AGF reserves the right to refuse and/or cancel a participant’s registration and without giving reasons for its decision.

Risk Warning

22.                Participation in the Event, including undertaking cycling activities or otherwise, is inherently dangerous and may involve risk.  There are risks specifically associated with participation in the Event including but not limited to physical exertion, risk of falling, colliding with other riders or road users, encountering hidden obstacles or varying terrain, the risk of injury from any failure of the bicycle or any of its components or inclement weather conditions.  I acknowledge that incidents can happen which may result in personal injury, death or property damage. 

23.                Prior to participating in the Event, I should ensure I am aware of all of the risks involved, including those risks associated with any health condition I may have.

24.                By agreeing to these Terms, I acknowledge, agree, and understand that participation in the recreational services provided by AGF in the Event may involve risk. I agree and undertake any such risk voluntarily and at my own risk.  I acknowledge that the assumption of risk and warning above constitutes a 'risk warning' in accordance with relevant legislation.

Exclusion of implied terms

25.                It is possible for a supplier of recreational services or recreational activities to ask a participant to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to the participant (or a person for whom or on whose behalf I am acquiring the services or activities).

26.                By agreeing to these terms and conditions, I will be agreeing that my rights (or the rights of a person for whom or on whose behalf I am acquiring the services) to sue the supplier (in relation to recreational services or recreational activities that I undertake) because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

27.                By agreeing with these terms and conditions, I agree that the liability of in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

(a)                   death;

(b)                   physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

(c)                    the contraction, aggravation or acceleration of a disease;

(d)                   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:

                                                             i.                     that is or may be harmful or disadvantageous to me or the community;

                                                            ii.                     that may result in harm or disadvantage to me or the community, that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services;

                                                           iii.                     is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

For recreational services to which the Australian Consumer Law (Victoria) applies:

28.                Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that the supplier named in these terms and conditions, being AGF, is required to ensure that the recreational services it supplies to me:

(a)                   are rendered with due care and skill; and

(b)                   are reasonably fit for any purpose which I either expressly or by implication, make known to the supplier; and

(c)                    might reasonably be expected to achieve any result I have made known to the supplier.

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask me to agree that these conditions do not apply to me.  By agreeing to these terms and conditions, I will be agreeing that my rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if I am killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these terms and conditions. 

Note: The change to your rights, as set out in these terms and conditions, does not apply if my death or injury is due to gross negligence on the supplier’s part.  “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Exclusion of rights under the Australian Consumer Law (Victoria): By agreeing to be bound by these terms and conditions, I agree that the liability of AGF for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by me (or a person from whom or on whose behalf I am acquiring the services) resulting from the supply of recreational services is excluded.

Release and indemnity 

29.                In consideration of AGF accepting my participation in the Event I, to the extent permitted by law:

(a)                   release and discharge and will release and discharge AGF from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and

(b)                   release and indemnify AGF against any Claim which may be made by me or on my behalf for or in respect of or arising out of my death whether caused by negligence or breach of contract by AGF or in any other manner whatsoever; and

(c)                    indemnify and will keep indemnified AGF to the extent permitted by law in respect of any Claim by any person:

                                                             i.                     arising as a result of or in connection with my participation in the Event; and

                                                            ii.                     against AGF in respect of any injury, loss or damage arising out of or in connection with my failure to comply with AGF's rules and/or directions,

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of AGF.

Bar to Proceedings

30.                I acknowledge that AGF may plead this contract as a bar to proceedings now or in the future commenced by or on my behalf or by any person claiming through me.  Where I commence proceedings against AGF, I:

(a)                   will commence those proceedings in the courts of the jurisdiction in which any incident occurs;

(b)                   waive any right to object to the exercise of such jurisdiction;

(c)                    will, where I seek to commence proceedings in another jurisdiction from where any incident occurs, consent (if required by AGF) to move those proceedings to the jurisdiction in which any incident occurs including consenting to any application made by AGF to remove the proceedings to the jurisdiction in which any incident occurs;

(d)                   will pay the costs of any application made by AGF under paragraph 30(c) above and will consent to any application for security of costs made at any time by AGF; and

(e)                   consent to paying AGF's legal defence costs of the proceedings (on a solicitor client basis) where AGF successfully defends the proceedings.

Insurance

31.                I understand that AGF has arranged some limited insurance coverage which may provide me with some protection for loss, damage or injury that I may suffer during my participation in the Event. However, I acknowledge and accept that insurance taken out by AGF may not provide full indemnity for loss, damage or injury that I may suffer during my participation in the Event, and that I may have to pay the excess if a claim is made on my behalf.  I agree that my own insurance arrangements are ultimately my responsibility and I will arrange any additional coverage at my expense after taking into account AGF's insurance arrangements and my own circumstances. For full policy information, please contact the AGF on ph: 03 9533 3180 or email: granfondo@amygillett.org.au.

Merchandise

32.                I understand that for merchandise purchased through the official Event website for the Event, orders are placed by AGF based on the demand for merchandise. I understand that no refunds will be given. Exchanges of merchandise may be permitted subject to availability of stock, at the discretion of AGF. I understand that I must pay postage costs for any postal exchanges of merchandise.

Use of image

33.                I acknowledge and consent to photographs and electronic images being taken of me during my participation in the Event.  I acknowledge and agree that such photographs and electronic images are owned by AGF and that any such photographs and images may be used for promotional and marketing purposes which may include but is not limited to use on the AGF websites, social media, newsletters brochures, magazines or other publications as determined appropriate from time to time without my further consent being necessary and without me or anyone on my behalf having any right to seek or obtain remuneration or compensation for such use either now or in the future.  Further, I consent to AGF using my name, image, likeness and also my performance in the Event, at any time, by any form of media, to promote the Event or AGF.

Privacy

34.                I understand that the personal information I have provided in my Event entry application is necessary for the conduct and management of the Event and that it is collected, used and disclosed in accordance with the Privacy Policy of AGF (available from http://www.amygillett.org.au/privacy-policy). I acknowledge that AGF may use and disclose my personal information for the purposes of conducting and administrating the Event, providing me with services or promotional material, complying with legal obligations or otherwise in accordance with AGF's Privacy Policy. AGF may share my information (including name, date of birth, emergency contact details and suburb of residence) with third parties such as a third-party engaged to deliver and organise the Event, sponsors and suppliers (including for marketing and promotional purposes), event timing companies, sanctioning organisations and first aid and medical services.  For Wiggle Amy’s Gran Fondo 2017, these sponsors and third parties include but are not limited to Cycling Australia, UCI, Wiggle (which is a company based in the United Kingdom), SME360, VTWO, Otway Pork, Exodus Travel and Europcar.

35.                I understand that AGF's Privacy Policy contains information about how I may access and request correction of my personal information held by AGF or make a complaint about the handling of my personal information, and provides information about how a complaint will be dealt with by AGF. 

36.                I acknowledge that my Event entry application may be rejected if the information required by AGF is not provided. If I do not wish to receive promotional material from AGF or its sponsors or other third parties I must advise AGF in writing or via the opt-out procedures provided in the relevant communication or Event registration portal.

Governing Law

37.                The governing law of this agreement is the law of the state of Victoria (‘Jurisdiction’).  I irrevocably and unconditionally consent and submit to the Jurisdiction of the courts in which any incident occurs and waive any right to object to the exercise of such Jurisdiction.

Entire Agreement

38.                This agreement (and the documents to which it refers, including the Event inclusions and arrangements agreed to when registering to participate in the Event) constitutes the entire agreement between the parties in respect to the Event and supersedes all other agreements, understandings and representations and negotiations with the Event. 

39.                If any provision of this Event entry application and declaration is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable.  If the phrase or clause cannot be so read down it will be severed to the extent of the invalidity or unenforceability.  Such severance does not affect the remaining provisions of this application and declaration or affect the validity or enforceability of it in any other jurisdiction.

Warranty

40.                I warrant that all information provided is true and correct.  I acknowledge this application and declaration     cannot be amended.  If I do amend it my application will be null and void and cannot be accepted by AGF.

Statement of Understanding

41.                I have read, understood, acknowledge and agree to the above Terms (including but not limited to the warning, exclusion of implied terms, release and indemnity) and consent to the activities proposed. 

 

PLEASE NOTE THE FOLLOWING:

42.                If the Competition and Consumer Act 2010 or similar Victorian law operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws then the liability of AGF for breach of warranties is limited to the payment of the cost of participation in the Event.

DECLARATION

43.                I have read, understood, acknowledge and agree to the above including the exclusion of implied terms, warning, assumption of risk, release and indemnity.
 

***Where the applicant is under 18 years of age this box must be ticked by the applicant’s parent or legal guardian:
 

44.                I am the parent or guardian of the applicant. I authorise and consent to the applicant participating in the Event. In consideration of the participant's entry into the Event being accepted, I expressly agree to be responsible for the applicant’s behaviour and agree to accept in my capacity as parent or guardian, the terms set out in this membership declaration.

 

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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