Raise For Cause Terms & Conditions
These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) and which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.
Introduction and acceptance of terms
- This website is owned and operated by Raise For Cause Pty Limited ACN 163 926 725 of PO Box 1508, Warriewood NSW 2102 (Raise For Cause, We, Us). By using the online services provided by Raise For Cause, you agree to abide by and be bound by the following terms and conditions.
- These Terms and Conditions are subject to amendment without notification to you. By using the services provided by Raise For Cause you agree to abide by all amendments.
- Raise For Cause acts as agent for Not-For-Profit Organisations (NFPs) and donors with limited authority adequate to facilitate the collection, accounting and payment of funds raised. 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 user. Raise For Cause accepts no liability for the actions of users in performing these functions.
- Every NFP listed on this Website has a contract with Raise For Cause authorising us to collect donations on its behalf.
- Raise For Cause takes reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process. Raise For Cause accepts no liability for ensuring that any NFP applies the proceeds received from a donation in any particular way.s
Raise For Cause fees
- Raise For Cause charges a small service fee of 5% for every donation accepted through the site. Each donation is also charged a paypal fee (2-3%).
- Raise For Cause
offers additional features for events such as customisation of event pages and featured listing. Please contact us at email@example.com for more information on the costs of these and more.
- If Raise For Cause 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.
- You can donate anonymously through the Platform without registration. The only information collected from You in that process is the information required to complete the donation.
- 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
- Raise For Cause accepts no liability for acts carried out by any person using Your personal login information, and You indemnify Raise For Cause from any costs, expenses or damages paid or payable by Raise For Cause in connection with your breach of clause 18.
Personal fundraising pages
- Users who have registered with Raise For Cause 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.
- Where a registered User builds a personal fundraising page in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page in no way implies the endorsement of the fundraising or other activity promoted on the page by Raise For Cause or the Beneficiary.
- Raise For Cause reserves the right to delete a Personal Page at the request of a Beneficiary in the event that the Beneficiary gives Raise For Cause written notice that it deems a fundraising activity promoted on a Personal Page to be inappropriate or unnecessarily dangerous.
- 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 Raise For Cause, any Beneficiary or any affiliates or partners of Raise For Cause;
- 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.
- In addition, You must not use the Platform to:
- send junk email 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 Raise For Cause 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.
- Raise For Cause 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 Raise For Cause at support@Raise For Cause.com.au
- 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 24, and the User indemnifies Raise For Cause from any costs, expenses, claims or damages paid or payable by Raise For Cause in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
- The User grants to Raise For Cause 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, Raise For Cause 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 Raise For Cause 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 disccussed ion clause 28 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.
Termination of Use
- Raise For Cause 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
- 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).
- Raise For Cause 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 Raise For Cause, and where applicable, the licensor to Raise For Cause of the applicable rights.
- Raise For Cause 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 Raise For Cause 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 Raise For Cause or be found in these Terms or in the relationship between Raise For Cause and Users and all such representations and warranties that may be excluded at law are excluded.
Limitation of liability and indemnity by User
- Raise For Cause 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;
- (b) the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
- 36(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
- The User indemnifies and holds Raise For Cause, 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.
- A party notifying or giving notice to Raise For Cause under these Terms must do so by notice:
- in writing;
- addressed to Raise For Cause 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.
- A notice given in accordance with clause 33 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).
- The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.
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.
- ACT Office of Fair Trading – Advice and Complaints Unit
- NSW Department of Gaming and Racing
- QLD Department of Tourism, Trade and Wine Industry Development – Office of Fair Trade
- SA Office of the Liquor and Gambling Commissioner
- TAS Department of Justice- Consumer Affairs and Fair Trading
- VIC Department of Justice and Consumer Affairs
- WA Department of Consumer and Employment Protection