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  • Terms & Conditions of Darkness to Daylight 2025

    Terms and Conditions - Darkness to Daylight 2025

    1. Registering for or participating in the Darkness to Daylight Challenge event (the Event), consisting of a digital challenge (100km) from 1 May to 31 May 2025 and a live event (3km, 10km or 110km) on 29 May 2025 through to 30 May 2025 (Live Event), as organised by Challenge DV (Event Organiser), is deemed acceptance of these terms and conditions by the entrant. 
    1. Each entrant acknowledges and agrees that these terms and conditions are subject to change from time to time at the discretion of the Event Organiser. Any variations become effective on the posting of the changes on the Event Organiser's website at www.darknesstodaylight.org and the Event Organiser encourages entrants to access and review that site regularly to keep abreast of such changes. 
    1. Entries for the Event close on 28 May 2025 (or earlier if at capacity). Entries received after this time may be rejected at the discretion of the Event Organiser. 
    1. Entries to the Event are non-transferable. Entrants must not attempt to transfer their entry to any other person without the knowledge and consent of the Event Organiser. 
    1. All entrants must complete and submit an online entry form and pay the applicable entry fee. Completion of the online entry form, and payment of the entry fee constitutes a valid entry to the Event. The Event Organiser reserves its rights to reject any entry at its sole discretion. 
    1. Entry is only valid for the person whose personal details are listed in the entry form. All entrants acknowledge any attempt to transfer an entry or allow another person to participate in the Event under the entrant's name without the Event Organiser's knowledge and consent may void any applicable insurance and the entrant will be disqualified from the Event. 
    1. Each entrant acknowledges and agrees that their entry fee is not refundable should they not participate, or if the Event is cancelled or changed by the Event Organiser. The Event Organiser may change the event for reasons such as bad weather, a force majeure event or for safety reasons. This clause is not intended to affect an entrant's rights under the Australian Consumer Law. 
    1. Each entrant acknowledges and agrees that sporting and similar leisure time events, such as the Event, are inherently dangerous and involve the real risk of serious personal injury, property damage, property loss or even death from various causes including but not limited to overexertion, equipment failure, dehydration, accidents with other entrants, spectators or road users, and course or weather conditions. 
    1. Each entrant acknowledges and agrees that they are responsible for ensuring their own health and safety in participating in the Event and warrants, as a condition of entering the Event, that they have sufficiently trained and are sufficiently physically fit for the Event and are not aware of any illness, injury or any other circumstances which may cause or contribute to personal injury, death and/or property damage to them or anyone else while participating in the Event. If an entrant becomes aware of any medical condition or impairment or is otherwise sick or injured prior to or during the Event, the entrant must cease participation in the Event until they have sought appropriate medical advice. 
    1. If an entrant participates in the Live Event, the following terms apply: 
    1. Entrants must not use any unmanned aerial vehicles, including but not limited to drones, at the Event.
    2. Entrants consent to receiving any medical assistance which is considered appropriate by officials or medical staff at the Event. Such medical assistance is provided at the Event at no cost to the entrant, with the exception that the entrant must cover the cost of strapping tape if required. If an entrant is required to be transported to a medical facility such as a hospital for further assistance, that entrant agrees to pay any costs associated with such transportation and further medical assistance. 
    3. Each entrant acknowledges and agrees that their entry form and payment is valid only for the Event distance they have nominated in the Event. Entrants can only participate in the category which they register and will be disqualified if they compete in a distance other than the distance nominated. 
    4. Each entrant acknowledges and agrees that they will abide by the directions of the Event Organiser, emergency support staff, Queensland Police Service or any other person authorised by the Event Organiser or a law enforcement agency to give directions at the Event. Each entrant agrees to follow the approved course at the Event, and obey all applicable laws at the Event. 
    1. Each entrant acknowledges and agrees that they may be disqualified from participating in the Event without a right to any refund if they breach, or are reasonably suspected of breaching, these terms and conditions. 
    1. Each entrant must provide to the Entry Organiser an emergency contact name and number. 
    1. Each entrant forever releases all persons and corporations associated directly or indirectly with the conduct of the Event ("Released Entities") from all claims, demands and proceedings arising out of the entrant's participation in the Event and indemnifies each of them against all loss, cost, damage and liability (including liability for their negligence and negligence of others) arising out of or connected with the entrant's participation in the Event, to the fullest extent permitted by law. This release and indemnity shall extend to and include: 
    1. the Event Organiser, sponsors, volunteers or any other entity associated with the organisation of the Event, including Event medical and paramedical personnel; 
    1. the owners, licensees and occupiers of land upon which any part of the Event is conducted; 
    1. any statutory body or local authority having control over any land upon which any part of the Event is conducted; and 
    1. the related bodies corporate, agents, officers, employees, members and/or contractors of each person or entity mentioned in paragraphs (a)-(c) above. 
    1. Section 139A of the Competition and Consumer Act 2010 (Cth) affects the extent to which a contract for the supply of recreational services can exclude, restrict or modify: (a) application of, 

    (b) rights under, or (c) liability for failure to comply with, certain consumer guarantees relating to the supply of services that are otherwise implied in consumer transactions by the Australian Consumer Law. 

    1. Accordingly, to the extent permitted by law, the entrant agrees that each of the guarantees in Part 3-2, Division 1, Subdivision B of the Australian Consumer Law in respect of recreational services provided by or on behalf of the Event Organiser or any Released Entity is excluded in respect of liability for the events and circumstances set out in s139A(3) of the Competition and Consumer Act 2010 (Cth). 
    1. Similarly, to the extent permitted by law, the entrant also agrees that any liability of the Event Organiser or any Released Entity in respect of any of the guarantees referred to in clause 15 above is excluded in respect of the events and circumstances set out in s139A(3) of the Competition and Consumer Act 2010 (Cth). 
    1. Each entrant acknowledges and agrees that it is their responsibility to ensure that they are appropriately hydrated while participating. Each entrant acknowledges that they will adhere to all current public health directions and all current health and safety guidelines set out by relevant state and territory governments. 
    2. Each entrant acknowledges and agrees that they have the opportunity to fundraise for the Event Organiser as a result of participating in the Event. All fundraising will be conducted through an online platform and will be subject to any terms and conditions of that platform. The entrant acknowledges that the funds raised will go directly to Challenge DV, who maintain sole discretion and control over how the funds raised will be used. The entrant must ensure that all fundraising (individual and team) is pledged and collected through the platform and not received through personal bank accounts or cash donations. 
    1. The Event Organiser may change the Event format at their discretion. If that occurs, these terms and conditions continue to apply. A transfer of registration will be offered to the new format. 
    1. Each entrant acknowledges and agrees that they have sole responsibility for their personal possessions and athletic equipment during the Event and related activities. The Event Organiser is not responsible for any damaged, stolen or lost goods. 
    1. Each entrant consents to, without being compensated in any way, the publication or use in any form of media and marketing by the Event Organiser, or affiliated entitles including but not limited to sponsors, of their name, image, voice, race number, statements and photographs and films of them taken in any context pertaining to the Event or otherwise before, during or after the Event for advertising, promotions or otherwise. Each entrant acknowledges and agrees that such photographs and electronic images are owned by the Event Organiser. The Event Organiser is not responsible for photographs and electronic images taken by persons who are not an official representative of the Event Organiser. 
    1. Strollers, wheelchairs and similar devices used in the Event must have all required safety equipment and meet mandatory Australian Standards. 
    1. Each entrant acknowledges and agrees that the Event Organiser may remove the entrant from the Event platform and/or exclude the entrant from participation in the Event: 
    1. if the entrant's behaviour is inappropriate, offensive or abusive; or 
    1. to prevent or curtail any form of unauthorised marketing, including but not limited to ambush marketing.
    1. The Event Organiser may collect personal information about entrants, including the information they provide upon entry. The Event Organiser collects this information for the purpose of processing entries, organising the Event, and providing services to entrants, facilitating the Event Organiser's internal business operations, including the fulfilment of any legal requirements (Primary Purposes), as well as providing entrants with information about other services the Event Organiser offers that may be of interest to entrants and analysing the Event Organiser's services and customer needs with a view to developing new and/or improved services (Secondary Purposes), . 
    1. The Event Organiser will provide the entrant's full name, postal address and contact number (as provided by the entrant at registration) to its third-party supplier for the purpose of delivery of the entrant's participant pack. 
    1. The entrant may notify the Event Organiser that they do not want the Event Organiser to use their personal information for Secondary Purposes by contacting the Event Organiser by email to eventcrew@challengedv.org. Entrants must allow four business days for their preference to be implemented. 
    1. Each entrant acknowledges and agrees that the Event Organiser will enter his or her personal details contained on the entry form into a database which will be used for the administration of the Event, including to email and SMS Event information to them if they have provided an email and/or mobile phone number, unless otherwise indicated by the entrant on the entry form. 
    1. Entrants must provide accurate information to the Event Organiser. If information is incomplete or inaccurate, the Event Organiser may be unable to process their entry and has the option to reject the entry. 
    1. Entrants may access the personal information the Event Organiser holds about them in accordance with the Event Organiser's privacy policy, which is available at www.challengedv.org.
    1. Each entrant certifies that they are 18 years of age or older and have read this document and understand and accept these terms and conditions. If the entrant is under the age of 18, their parent or legal guardian certifies that they have read this document and understand and accept these terms and conditions. School students participating must provide a guardian consent form to the school prior to entering. The Event Organiser is entitled to assume the entrant has complied with this clause and is not liable for any failure to obtain a parent or guardian's consent in respect of any entrant under the age of 18. 

     

    1. Each entrant acknowledges and agrees that they are required to follow public health directions made by any relevant state or territory government. Entrants acknowledge that the Event Organiser is not responsible for any participants who do not comply with such directions, including any associated penalties. 
    1. The Event Organiser may need to implement a range of measures and actions to respond to the COVID-19 pandemic, including participation limits, social distancing requirements and other COVID-19 related requirements, directions and guidelines, and to otherwise maintain health and safety at the Event. These measures may change rapidly, and the Event Organiser requires all entrants, as a condition of entry into the Event, to regularly check its website and other communications to stay abreast of current measures and requirements at the Event. 
    1. It is a condition of participation in the Event that entrants follow all directions and requirements put in place by the Event Organiser or relevant state or territory government to maintain health and safety at the Event, including but not limited to: 
    1. providing, upon request, a COVID-19 health declaration; and 
    1. complying with social distancing requirements or any other COVID-19 safety requirements implemented by the Event Organiser. 

    Failure to follow such directions and requirements may result in the entrant being excluded from entry to or participation in the Event. 

    1. Each entrant consents to the Event Organiser providing personal and/or health information collected from you to public health authorities where the Event Organiser is required by law to do so or where the authority requests such information to assist with contact tracing. 
    1. Each entrant acknowledges and agrees that, despite measures and actions taken to maintain health and safety at the Event, the Event Organiser is unable to prevent or avoid all risks relating to COVID-19 and each entrant accepts personal responsibility and liability for any and all risks relating to COVID-19 while at the Event. Each entrant voluntarily assumes the risk of exposure to and potential infection from pathogens, including but not limited to COVID-19, and acknowledges that such exposure or infection may result in injury, illness, disability or death. 
    1. Entrants acknowledge and agree that the Event Organiser may reschedule, relocate, cancel or change the nature or format of the Event if the Event Organiser deems it advisable or necessary to do so due to COVID-19 or any laws or directions issued in connection with COVID-19. 
    1. Each entrant agrees to undertake a reasonable assessment of their own health status and agrees not to attend or participate in the Event if they: 
    1. have experienced any symptoms of COVID-19, including fever, coughing, sore throat, shortness of breath, runny nose, acute blocked nose, headache, muscle or joint pains, nausea, diarrhoea, vomiting, loss of sense of smell, altered sense of taste, loss of appetite and fatigue; 
    1. are required to be in either isolation or quarantine; 
    1. have been in contact, or reasonably suspect they may have been in contact, with someone diagnosed with COVID-19 in the 14 days prior to the Event or on the day of the Event. 
    1. The Event Organiser retains the right, acting reasonably, to vary these terms and conditions from time to time in accordance with clause 2 to further respond to the COVID-19 pandemic and its impact on the operations of the Event and the health and safety of entrants. 
    1. If any clause of these terms and conditions is deemed unenforceable, it does not affect the operation of the other clauses. 
    1. This agreement constitutes the entire agreement between the entrant and the Event Organiser in respect of its subject matter and supersedes any prior agreement or understanding in relation to anything connected with its subject matter. 
    1. These terms and conditions are subject to the laws of Queensland, Australia. The Event Organiser and entrants submit to the exclusive jurisdiction of the courts located in Queensland, Australia and the courts of appeal therefrom for the resolution of any dispute under these terms or concerning the Event. 
    1. By completing the registration or participating in the Event the entrant accepts these terms and conditions. 

    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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