Terms & Conditions

Welcome to The Donation Co!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the charity marketplace and donation platform known as The Donation Co (the Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the user of the Platform (you, your or User), and us, Three Jerks Pty Ltd (ABN 31 625 073 681) T/A The Donation Co (we, our or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Charities), which sets out additional terms that apply to Charities, being Users seeking donations for their organisation; and
Part C (Donors), which sets out additional terms that apply to Donors, being Users seeking to donate to organisations.

If you intend to use the Platform as a Charity, only Parts A and B of these terms will apply to you. If you intend to use the Platform as a Donor, only Parts A and C of these terms will apply to you.

When we talk about the Services in this agreement, we are referring to our web application, our mobile applications available on the Apple iOS Store and the Google Play Store and any associated services we offer.

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to the relevant Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Part A – All Users

1. INTRODUCTION SERVICE

The Platform is a medium that facilitates the introduction of Donors and Charities for the purposes of allowing Donors to donate money to Charities. The Platform allows for Charities to post listings seeking donations to be used for a particular purpose (Donation Listing). Donors are then able to make payment towards a particular Donation Listing (Donation).
We simply collect a service fee in consideration for providing this introduction service and do not have any obligations or liabilities to, and are not a party to any contract between, Donors and Charities in relation to such donations or otherwise resulting from the introduction.

2. ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
1. over the age of 18 years; or
2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
Warranty and Indemnity. You acknowledge and agree that:
1. we are reliant on the information provided by Users and the verification services we engage to verify the identity of Users and, to the extent permitted by law, we disclaim all warranties that the verification processes we undertake will produce accurate results or guarantee that they will ensure you contract with a suitable User;
2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
3. we do not endorse any User or Donation Listing.

3. ADDITIONAL LEGAL REQUIREMENTS

You acknowledge that charitable fundraising is regulated differently in each Australian state and territory, and additional requirements may apply depending on where a Charity is located or where a fundraising appeal is conducted.
In particular, for Charities operating in New South Wales, The Donation Co is considered a “Trader” (Commercial Fundraiser) under the Charitable Fundraising Guidelines. Charities in NSW must hold, or be authorised by the holder of, a valid Charitable Fundraising Authority issued by NSW Fair Trading and must provide us with their current Authority number (or evidence of authorisation) prior to using the Platform.
It is your responsibility as a User to ensure that you (and your use of the Platform) comply with all applicable fundraising laws in your jurisdiction. We may suspend or cancel your Account, Donation Listings or access to the Platform if you fail to comply with such requirements.

4. ACCOUNTS

In order to use some of the functionality of the Platform, you will be required to sign-up, register and receive an account through the Platform (Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the us from time to time.
You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
Once you are provided an individual Account, you will have the functionality of a Donor. At this point you may register to be provided a Charity account.
We reserve the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

5. GROUPS

The Platform provides a function whereby a Donor may create a personal fundraising campaign for a Charity to which other Donors may contribute (Group Campaign).
Group Campaigns may only be created to benefit a Charity on the Platform.
Any contributions made to a Group Campaign will be treated as a Donation and any applicable Donation Fees will apply. Charities will be responsible for issuing tax receipts for such Donations.
The Donor who created the Group Campaign (Group Admin) will be given additional administrative functions, including the ability to see a dashboard on all contributions made towards the Group Campaign.
We are not responsible for the actions of a Group Admin or any representations made on a Group Campaign by any User.
We may, in our absolute discretion, suspend or cancel a Group Campaign for any reason, including for any failure to comply with this agreement.

6. USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive charitable donations, including by not using the Platform:
1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; and
2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by us,
not to act in any way that may harm our reputation or associated or interested parties or do anything at all contrary to our interests or that of the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without our express written consent;
that we may change any features of the Platform or Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by us or another User including a Charity, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that we may cancel your Account at any time if we consider, in our absolute discretion, that you are in breach or are likely to breach this clause 6.

7. POSTED MATERIALS

7.1 INTELLECTUAL PROPERTY

In this Part A, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

7.2 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material;
the Posted Material is accurate and true at the time it is provided;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not misleading or deceptive;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

7.3 LICENCE

You grant to us a perpetual, irrevocable, transferable, worldwide and royalty‑free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.
You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

7.4 REMOVAL

We act as a passive conduit for the online distribution of Posted Material and have no obligation to screen Posted Material in advance of it being posted. However, we may, in our absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

8. ONLINE PAYMENT PARTNER

We may use a third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
You agree to release us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

9. SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.

10. INTELLECTUAL PROPERTY

We retain ownership or licenses of all materials developed or provided (or both, as the case may be) to you in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us not expressly granted to you.
You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of providing or receiving donations on the Platform. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from us or as permitted by law.

11. THIRD PARTY CONTENT AND LINKS

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
The Platform may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it. Inclusion of any linked website on the Platform does not imply our approval or endorsement of the linked website.

12. THIRD PARTY TERMS

Any Service that requires us to acquire goods and services supplied by a third party on behalf of a User (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing us to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

13. DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to us via admin@thedonationco.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
We have the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
We reserve the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
If you have a dispute with us, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
Notwithstanding any other provision of this clause 13, you or we may at any time cancel your Account or discontinue your use of the Platform.

14. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

15. DISCLAIMERS

(Not a charity) we are not a registered charity nor a not-for-profit, we are a private company which provides introductory services.
(Donation purpose) we are not a party to any agreements between Users and are not responsible for Charities fulfilling any purpose specified on a Donation Listing in relation to Donations they receive. Any disputes relating to Donations and Donation Listings should be directed to the relevant Charity.
(Limitation of liability) To the maximum extent permitted by applicable law, we exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any donations received by any Charity. This includes the transmission of any computer virus.
(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(Indemnity) You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
1. breach of any term of this agreement;
2. use of the Platform; or
3. your provision or receipt of donations from another User.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Charity (except to the extent this liability cannot be excluded under the ACL).

16. CONFIDENTIALITY

You agree that:

no information owned by us, including system operations, documents, marketing strategies, staff information and client information which we provide to you, may be disclosed or made available to any third parties; and
all communications involving the details of other users on this Platform and of the Charity are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

17. PRIVACY

You agree and consent to our handling of your personal information in accordance with our Privacy Policy, which can be accessed here https://www.thedonationco.com/privacy-policy. This includes consenting to us sharing your personal information with other Users of the Platform where you have engaged with them via the Platform (including where a Donor makes a Donation to a Charity).

18. NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is between you and us and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure by us to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be our responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
1. product liability claims;
2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

19. TERMINATION

We reserve the right to terminate a User’s access to any or all of the Platform (including any listings or Accounts) at any time without notice, for any reason.
In the event that a User’s Account is terminated:
1. the User’s access to all posting tools on the Platform will be revoked; and
2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Donation Listings) and, where applicable, all Donation Listings previously posted by the respective User will also be removed from the Platform.
Users may terminate their Account at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, we will effect such termination within a reasonable time after receiving written notice from the User.
Not with standing termination or expiry of your Account, this agreement, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

20. TAX

You are responsible for the collection and remission of all taxes associated with the donations you provide or receive or any transactions through your use of the Platform, and we will not be held accountable in relation to any transactions between Donors and Charities where tax related misconduct has occurred.

21. RECORD / AUDIT

To the extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and we also hold the right to produce these records in the event of any legal dispute involving us.

22. NOTICES

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to you to the email address associated with your Account and to us admin@thedonationco.com , and to all other parties the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
2. when replied to by the other party,
whichever is earlier.

23. GENERAL

23.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

23.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

23.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

23.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

23.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

23.8 INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Part B – Charities

1. USE OF THE PLATFORM

You must not disparage or do anything to harm the reputation of other Charities on the Platform.

2. DONATION LISTINGS

You acknowledge and agree that:

you must use your best endeavours to provide as much information as possible in any Donation Listing you submit to the Platform;
we may choose not to accept any Donation Listing you submit to the Platform, and we may limit the number of Donation Listings you can submit to the Platform;
any information you supply in a Donation Listing must be true, timely and accurate;
you must deal with any dispute with a Donor in accordance with clause 13 of Part A;
any additional terms and conditions relating to a Donation Listing, are solely between you and the relevant Donor and do not involve us in any way, except that they must not be inconsistent with your or the Donor’s obligations under this agreement;
we will have no responsibility for the accuracy, reliability or timeliness of any Donor’s response to a Donation Listing;
you acknowledge and agree that each Donation Listing must comply with the minimum donation requirement of $3, and you must not request or accept Donations below this amount through the Platform.

3. ELIGIBILITY AND STATUS

If in any of your Donation Listings or anywhere on your Account you hold yourself out to possess certain status, accreditation or license (including being a registered charity, holding deductible gift recipient status or BCorp status) (Status), you warrant to us that you do hold such Status and if requested, will promptly provide us with evidence of the Status.

4. FUNDRAISING ACTIVITIES (NSW CHARIties)

If you are a Charity conducting fundraising activities in New South Wales, you acknowledge that The Donation Co acts as a “Trader” (also known as a Commercial Fundraiser) under the Charitable Fundraising Guidelines issued by NSW Fair Trading.
You must hold, or be authorised by the holder of, a valid Charitable Fundraising Authority issued by NSW Fair Trading, and provide us with your current Authority number (or evidence of authorisation) prior to posting any Donation Listings on the Platform.
You must ensure that any authorisation of The Donation Co as a Trader is in writing, complies with applicable law, and remains valid and current for the entire period you use the Platform.
We may suspend or cancel your Account, Donation Listings or access to the Platform if you fail to comply with this clause.

5. WARRANTIES AND INDEMNITIES (FUNDRAISING COMPLIance)

You warrant that at all times while you use the Platform:
1. you hold all licences, permits, authorities, or exemptions required by law in each jurisdiction where you conduct fundraising activities;
2. you will comply with all applicable fundraising, tax, and reporting obligations; and
3. all information you provide to us (including authority numbers and authorisations) is true, accurate and kept up to date.
You indemnify us (and our employees, officers and agents) against any claims, fines, penalties, costs, or liabilities arising from your breach of this clause, including where you fail to hold or maintain a valid fundraising authority or otherwise fail to comply with applicable laws.

6. IDENTITY VERIFICATION

(Verification) We may require you to verify your details (including that you are an authorised representative of your organisation, that you are a registered charity and/or that you hold deductible gift recipient status) using our processes or an external verification service as applicable (Verification Service).
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 17. Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details;
2. you consent to us receiving, sharing and using this information to enable us to carry out the verification.

7. PURPOSE OF DONATION

You will be required to outline the purposes for which Donations will be used in each Donation Listing (Donation Purpose).
You must take all reasonable steps to use a Donation for the Donation Purpose purpose as described in every Donation Listing, including by not cancelling any part of such a Donation Listing;
You must ensure that all Donation Purposes are worked towards:
1. in accordance with all applicable laws, regulations, tax obligations and industry standards; and
2. with due care and skill and in a professional, punctual and diligent manner.
Where you are unable to use a Donation in full for a Donation Purpose, for whatever reason, you must:
1. notify any relevant Donors; and
2. use any remaining portions of a Donation towards a purpose similar to the Donation Purpose and otherwise in line with this clause 7.

8. ONLINE PAYMENT PARTNER

In order to collection Donations via the Platform, you will be required to create and link to our Platform an account with our Online Payment Partner or link your existing account to the Platform.
You:
1. appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting your Donation from the Donor;
2. agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
3. agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/en-au/legal/payment-terms

9. FEES

Viewing the Platform and posting a Donation Listing is free.
We will charge you $1 for each Donation made towards your Donation Listing (Service Fee) and our Online Payment Partner will charge you a payment processing fee and any card surcharges (Processing Fee).
When a Donor seeks to provide a Donation, they will be prompted to elect whether their Donation will be inclusive or exclusive of the Service Fee and Processing Fee (together, the Donation Fee).
Where the Donor elects for the Donation to be inclusive of the Donation Fee, the Donation Fee will be deducted from the Donation and the balance will be held in your Online Payment Partner account by the Online Payment Partner and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
Where the Donor elects for the Donation to be exclusive of the Donation Fee, the full Donation will be held in your Online Payment Partner account by the Online Payment Partner and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
We reserve the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Donation Fee.
Upon payment of a Donation, you must provide a Donor a receipt of funds and a tax invoice in accordance with the Income Tax Assessment Act 1997 (Cth).

10. BYPASSING

You agree that while you are a Charity on the Platform, you will not, either directly or indirectly, solicit or attempt to solicit any donations or other payment, from any Donor whom you came to know about, or from whom you received a Donation via the Platform. This provision will apply whether or not the relevant Donor or their representative is still active on the Platform.
We may, in our absolute discretion, cancel your Account and suspend you from using the Platform if we find or suspect that you have breached or are in breach of this clause 10.
Nothing in this clause prevents you from communicating generally with a Donor provided it is not in contravention of clause 8(a).

11. WARRANTIES

By listing yourself as a Charity on the Platform or posting a Donation Listing, you represent and warrant that:

you are able to fulfil the requirements of the Donation Purpose; and
you will fulfill such Donation Purpose and use a Donation in compliance with all applicable laws.

Part C – Donors

1. DONATION LISTINGS, DONATIONS AND Fees

For every Donation, we will charge $1 for each Donation (Service Fee) and our Online Payment Partner will charge a payment processing fee and any card surcharges (Processing Fee).
You acknowledge and agree that:
1. where you seek to make a Donation, you will be prompted to elect whether your Donation is inclusive or exclusive of the Service Fee and Processing Fee (together, the Donation Fee);
2. where you elect for the Donation to be inclusive of the Donation Fee, the Donation Fee will be deducted from the Donation and the balance transferred to the Charity;
3. where you elect for the Donation to be exclusive of the Donation Fee, you will be charged the Donation Fee in addition to the Donation and the Donation will be transferred in full to the Charity; and
4. any terms and conditions relating to Donations or Donation Listings are solely between you and the relevant Charity and do not involve us in any way, except that such terms and conditions must not be inconsistent with your or the Charity’s obligations under this agreement.
5. The minimum donation amount on the Platform is $3. Donations below this amount will not be accepted.

2. FUNDRAISING AUTHORITY DISCLAIMER

We rely on information provided by Charities regarding their fundraising authorities, licences, and compliance status. We do not independently verify this information and make no warranty as to a Charity’s legal entitlement to conduct fundraising activities.
By making a Donation, you acknowledge and agree that you are solely responsible for satisfying yourself as to the legitimacy of the Charity and its fundraising status.

3. PAYMENT

Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
To the maximum extent permitted under applicable law, all Donation Fees are non-refundable.

4. CANCELLATIONS

We will have no liability or obligation to you if a Charity cancels a Donation Listing after it has been agreed and you will not be entitled to any compensation from us in relation to any such cancellation, including any portion of the Service Fee.

5. LINKED BUSINESSES

You acknowledge and agree that:

the Platform provides links and introductions to Charities owned and operated by third parties that are not under our control;
our provision of introductions to Charities does not imply any endorsement or recommendation by us of any Charity;
we do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Charity who uses or is listed on the Platform; and
any terms and conditions relating to a Donation Listing constitute a contract between you and the Charity once agreed in accordance with clause 1 and do not involve us in any way.

6. COMMUNICATION OUTSIDE THE PLATFORM

You must not provide donations to a Charity, which you came to know about through the Platform, outside the Platform.
our provision of introductions to Charities does not imply any endorsement or recommendation by us of any Charity;
We, in our absolute discretion, may cancel your Account and suspend you from using the Platform if we find or suspects that you have breached or are in breach of this clause 6.

7. DISCLAIMERS

All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used.
We do not and cannot verify the information on Donation Listings or that Charities otherwise supply on the Platform, nor do we represent or guarantee that the Donations will be used in accordance with a Donation Listing or in accordance with applicable laws.