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Terms and Conditions for GoFundraise New Zealand - gofundraise.co.nz
These Terms must be read together with any Terms and Conditions specific to a particular event (“Event Terms”) and which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.
Introduction and acceptance of terms
1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011 (“GoFundraise”, “We”, “Us”). Our New Zealand address: suite 4360, 17B Farnham st Parnell Auckland 1052. 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 when You use the Platform, You remain in agreement with the then current Terms.
Overview
4. The Platform is an online fundraising facility. GoFundraise acts as agent of the Non-Profit Organisations (“NFPs”), Donee organisations and other users of the Platform facilities (“Other Clients”) (Other Clients and NFPs together and each a “Beneficiary”) with limited authority limited to the delivery of online services and consequential accounting, adequate to facilitate the collection, accounting and payment of funds raised. 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.
5. Every Beneficiary 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.
6. Despite clause 5, 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 donation, the User should contact that Beneficiary directly.
GoFundraise fees
7 GoFundraise charges the Beneficiary a service fee of between 3.95 - 5% (depending on the plan of the Beneficiary) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. After an introductory period following registration of the Beneficiary, there is also a $200 per annum hosting and administration fee payable by the Beneficiary. Regular Giving payments are charged at 3.95% to the Beneficiary.
8 GoFundraise also recovers credit card processing fees from the gross donations. These are currently 0.75% + $0.33 per transaction for Visa & Master Card, and 1.98% for American Express. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.33 fee per beneficiary.
9 An example of the way this fee structure works is as follows:
|
Total Donation |
$30.00 |
|
Administration fee of 5% |
$1.50 |
|
Credit card processing fee 0.96% |
$0.23 |
|
Credit card fee per transaction |
$0.33 |
|
Total fees |
$2.06 |
|
Total Net Amount To Charity |
$27.95 |
|
|
|
10 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
11 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
12 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 NZD.
13 To cancel a Regular Giving payment the User must email support@gofundraise.com.au or calling 0800 452 919 or Int + 61 29326 9877. Cancelations 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 User’s responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please call 0800 452 919 or Int + 61 29326 9877 immediately.
All receipts will be generated and emailed to you on the day your regular payment is made and are available for download under the Users - My Donation and Purchases area.
Ticket Sales and Raffles
14. 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.
15. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.
User registration
16. You can donate anonymously through the Platform without registration. The only information collected from You in that process is the information required to complete the donation.
17. 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
18. You must keep Your personal login information safe, private and secure at all times. This extends to:
a. not allowing any other person to use their login information or hold themselves out as You;
b. not disclosing, or allowing a copy to be discovered of the login information of the User; and
c. 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
19. 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 18.
Personal fundraising pages
20. 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.
21. Where a registered User builds a personal fundraising page in favour of a Beneficiary, the Beneficiary must be registered on the Website. The creation by a User of a Personal Page in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
22. GoFundraise reserves the right to delete a Personal Page at the request of a Beneficiary in the event that the Beneficiary gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page to be inappropriate or unnecessarily dangerous.
23. 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:
a. infringe the intellectual property rights (including copyright) of any third party.
b. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
c. be misleading or deceptive as to the nature, type, service or benefits of the Content;
d. be misleading as to that User’s identity or affiliation with any person or group;
e. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
f. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
g. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
24. In addition, You must not use the Platform to:
a. send junk email or spam to people who do not wish to receive email from You;
b. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
c. 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 GF systems;
d. provide a donor with any gift, prize or any other form of incentive in connection with the making of a donation by another User.
25. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
26. 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
27. 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:
a. use the Content for the purposes of the Personal Page; and
b. to grant the licence comprised in clause 28,
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.
28. You grant to GoFundraise a royalty free, worldwide, non-exclusive, transferable licence to use, copy, perform, modify and create derivative works of Your Content, in whole or part, for the purposes contemplated by these Terms.
29. 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.
Code of Conduct & Fundraising Guidelines
30. 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
31. 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 Your use of the Platform if:
a. We receive a serious complaint or a number of complaints (amounting to what we determine as a serious complaint) about You or Your conduct in using the Website;
b. You breach these Terms and Conditions, whether the breach is material or otherwise;
c. We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
32. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
a. 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
b. any application or right to apply for registration of any of the rights referred to in paragraph (a).
33. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. You must not:
a. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform; or
b. 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.
34. 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
35. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, You acknowledge and agree 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
36. 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:
a. Your use of the Platform;
b. Your representations or activities on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
c. the representations, opinions or activities of Beneficiaries made on or through the Platform.
37. You indemnify and hold 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:
a. Your use or misuse of the Platform;
b. Content uploaded by You or other Users;
c. Your breach by these Terms; or
d. any liability arising in connection with the use of Your account.
Notices
38. A person notifying or giving notice to GoFundraise under these Terms must do so by notice:
a. in writing;
b. addressed to GoFundraise at the address set out at the beginning of these Terms; and
c. left at or sent by prepaid post, facsimile or email to that address.
39. A notice given in accordance with clause 38 above, will be deemed received:
a. on the date of delivery, if left at the recipient’s address;
b. Five days after the date of posting if sent by prepaid post; and
c. 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
d. 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
40. The servers on which the Platform is hosted are located in Australia. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions, without recourse to conflict of law principles, whether You log into the Platform from Australia, New Zealand or any other country.
Survival
41 Clauses 15, 23, 24, 28, 33 and 40 and any other clauses which, on their proper construction are clearly intended to have continuing effect, survive termination or expiry of these Terms as between You and GoFundraise.
General
42 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.
43 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.
44. All transactions are in NZ Dollars.