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| Terms & Conditions of Helping Feet |
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1. I understand that participating in Helping Feet (“the Event") jointly organised by Iranian Bushwalkers Inc. (“Iranian Bushwalkers") and Yarra Foundation for disadvantaged children's education Inc. (“Yarra Foundation") carries with it certain dangers including the risk of physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), death and/or property damage and I accept (to the maximum extent permitted by law) all risks associated with my participation. I understand that participating in the Event will involve walking or running on roads and rugged, isolated and often remote tracks. I am aware of the hazards involved. The hazards include, but are not limited to, road or track surfaces, remoteness from assistance or medical aid, strenuous nature of walking and running a long distance (up to 25 kilometres for some tracks), becoming lost, vehicle traffic, actions of participants, spectators, organiser's personnel, supporting agencies, weather conditions, sleeplessness, hypothermia and heat exhaustion, condition or suitability of participant's clothing, footwear or equipment. In my judgment I have sufficient competence and experience to participate safely in the Event. 2. I certify that I am physically fit, have sufficiently trained for participation in the Event and have not been advised otherwise by a qualified medical person and that I have been given the opportunity by the organiser to attend a briefing prior to any training walk(s) and the Event. I confirm that “Iranian Bushwalkers" and “Yarra Foundation" and/or allied health volunteers have not provided me with medical advice regarding my participation in the Event (and are not responsible for providing me with such medical advice). 3. I agree that, to the extent permitted under section 139A of the Competition and Consumer Act 2010(Cth) and/or section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), section 5N of the Civil Liability Act 2002 (NSW) or section 5J of the Civil Liability Act 2002 (WA) (as applicable), “Iranian Bushwalkers", “Yarra Foundation", Event sponsors, Event producers, landowners, volunteers, community organisations and all State, Federal and Local Government authorities with responsibility for the locality in which the event may be staged and their or its respective officers, directors, employees, independent contractors, representatives, agents and volunteers (“Indemnified Parties") exclude all liability in respect of any: 1 .death; 2. physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); 3. contraction, aggravation or acceleration of a disease; or 4. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm to an individual or the community, where such liability would otherwise arise under or in relation to any warranty or guarantee: 5. that the Event will be provided with due care and skill; 6. that the Event will be fit for any particular purpose; 7. that the Event will (or might reasonably be expected to) achieve any particular result; or 8. that the Event will be supplied within a reasonable time, except that the exclusion of liability will not apply to significant personal injury caused by the reckless conduct (as defined in section 139A(5) of the Competition and Consumer Act 2010 (Cth)) of the supplier of the relevant services or with reckless disregard, with or without consciousness, for the consequences of the act or omission (within the meaning of section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic) or section 5J(6) of the Civil Liability Act 2002 (WA) (as applicable)). 4. On behalf of myself, my executors, administrators, heirs, next of kin, successors and assigns, I: 1. RELEASE AND DISCHARGE the Indemnified Parties, to the maximum extent permitted by law, from any and all liability for death, disability, personal injury, property damage, property theft and all other loss, damage or liability whatever and however occurring (whether under tort (including negligence), statute, contract, equity or otherwise) which I or any other person may suffer as a result of or in connection with, directly or indirectly, my participation in the Event and I waive all and any rights, claims, actions or suits against the Indemnified Parties which but for the execution of this Acknowledgement Waiver, Release and Indemnity I may have had against the Indemnified Parties or any of them now or in the future; 2. INDEMNIFY AND HOLD HARMLESS and will keep indemnified each of the Indemnified Parties whatever or however caused which may be brought against them or any of them which arises in connection with my participation with the Event and/or training walks. 5. Without limiting the above, to the maximum extent permitted by law, I release the Indemnified Parties from all liability for: 1. any consequential loss; and 2. any economic loss, suffered or incurred by me or any other person arising out of or in connection with my participation in the Event. 6. Nothing in this document prevents the Indemnified Parties from relying on any laws (including statutes and common law) that limit or preclude their liability. 7. Nothing in this document excludes any term or guarantee which, under statute, cannot be excluded however the liability of the Indemnified Parties is limited to the minimum liability allowable by law. In particular, I understand that I may have rights under consumer guarantees set out in the Australian Consumer Law. 8. I hereby consent to receive medical treatment, which may be deemed necessary in any event of injury, accident and or illness during the event. I understand treatment requested from allied health volunteers is at my own risk. 9. I understand that during the Event, and/or related activities I may be photographed or filmed. I agree to allow my photograph, video or film likeness to be used for any legitimate purpose by “Iranian Bushwalkers" and “Yarra Foundation", the sponsors and or assigns. 10. I agree to abide by the Event Rules and I will comply with all instructions issued to me by or on behalf of the Indemnified Parties in relation to my participation in the Event and/or training walk(s). I understand that my entry may be voided if through my actions or behaviour, in the opinion of the organisers, I break any of the Event rules or I bring the Event into disrepute. I further understand that the organisers reserve the right to reject any entry without having any justification for their actions. 11. Organisers of the Event reserve the right to alter the trail without notice and/or cancel the Event in consultation with and under the direction of Emergency Service agencies and major event stakeholders/landowners. If the Event is cancelled, participating teams have the option of requesting a 80% refund of their registration fee. 12. If I am entering this event on behalf of another/other participant(s) I hereby confirm that I have made the other participant(s) aware of the information in these terms and conditions. I have provided a copy of these terms and conditions to that/those participant(s). The participant(s) have agreed with all aspects of the waiver. I hereby indemnify the event organisers, sponsors, promoters, representatives and all other persons responsible for the conduct of the event in respect of all claims, costs, damages and losses which may be suffered as a result of any claims which may be brought by or on behalf of the other participant(s) on whose behalf I entered this event. 13. I agree that it is my responsibility to provide Event organizers with my emergency contact details WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you— - are rendered with due care and skill; and - are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and - might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part.Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012. |
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
- 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.
- 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.
- By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .
Overview
- 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.
- 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.
- 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
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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. - GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $ 0.36 (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 (view current rates). Transactions to multiple organisations in a transaction may incur an additional $ 0.36 fee per beneficiary.
- 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
- 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
- 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.
- 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
- 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.
- Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.
User registration
- 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.
- 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
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You must keep Your personal login information safe, private and secure at all times. This extends to:
- not allowing any other person to use their login information or hold themselves out as You;
- not disclosing, or allowing a copy to be discovered of the login information of the User; and
- 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
- 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
- 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.
- 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.
- 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.
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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:
- infringe the intellectual property rights (including copyright) of any third party.
- detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
- be misleading or deceptive as to the nature, type, service or benefits of the Content;
- be misleading as to that User’s identity or affiliation with any person or group
- contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
- encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
- contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
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In addition, You must not use the Platform to:
- send junk email, sms or spam to people who do not wish to receive email from You;
- conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- 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;
- provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
- Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
- 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
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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:
- use the Content for the purposes of the Personal Page; and
- to grant the licence comprised in clause 29,
- 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.
- 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
- 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
- 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
- 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
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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:
- 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;
- conduct in using the Website;
- You breaches these Terms and Conditions, whether the breach is material or otherwise;
- if We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
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For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
- 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
- any application or right to apply for registration of any of the rights referred to in paragraph (a).
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GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
- assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
- 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
- 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
- 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
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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:
- the use of the Platform by a User;
- the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
- 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
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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:
- the use or misuse of the Platform by the User;
- Content uploaded by the User;
- the breach by the User of these Terms; or
- any liability arising out of the use of a User’s account.
Notices
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A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
- in writing;
- addressed to GoFundraise at the address set out at the beginning of these Terms; and
- left at or sent by prepaid post, facsimile or email to that address.
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A notice given in accordance with clause 41 above, will be deemed received:
- on the date of delivery, if left at the recipient’s address;
- Five days after the date of posting if sent by prepaid post; and
- 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
- 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
- The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.
Survival
- Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.
General
- 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.
- 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.
- All prices are in Australian Dollars unless stipulated otherwise.
- Terms & Conditions updated January 2024
