Givvy Terms and Conditions of Service
Subscription agreement terms and conditions (Terms)
- Givvy operates a platform which enables you to use your social media profile and networks to assist you to establish a fundraising page (Givvy Platform). Givvy will then receive and processes donations on behalf of the charities and other good causes which you select.
- For this service, and the support we provide to the selected charities, Givvy will retain a transaction fee of 2.5% of any amount donated.
- User Conduct - If you create a Givvy page or use any of our other services, please remember the Givvy Platform is available for use by everyone who creates a profile.
- We will remove inappropriate, offensive, obscene or racist content and we may terminate membership or your right to use the Givvy Platform as a result.
- You should ensure that the content you upload to the site or platform does not infringe another person’s copyright.
2. yourtown ACN 102 379 389, trading as Givvy, (Givvy) shall provide the services via a website, application or such other platform as it may determine, which allows subscribers (Subscribers) to fundraise for a specific charity, purpose or event using the Givvy Platform (Services) which use shall be governed in accordance with these Terms.
3. Givvy may make the Services available via one or more of a website application, smartphone APP or such other technology or platform as it considers appropriate from time to time.
4. At no time will Givvy provide financial services, products or advice. Rather, the Services to be provided by Givvy are a tool which enables Subscribers to fundraise by connecting with their social media networks for the purpose or benefit of their chosen charity or event, (none of whom are endorsed or recommended by Givvy). Subscribers will make their own determination as to the suitability of the Charity or event and the purposes for which it wishes to raise funds, as well as the use/s to which such funds are to be put.
6. Subscribers may subscribe to the Services in the following manner:
a) By providing your name and address as well as such other information or data as Givvy may reasonably require on the basis set out in the Schedule;
7. In consideration of Givvy’s agreement to provide the Services, subscribers shall:
a) be bound by these Terms;
b) be bound by the Website Terms and Conditions [attached hereto or link]; and
c) by bound by the Givvy Community Rules [attached hereto or link].
8. Subscribers agree that Givvy may retain the Fee set out in the Givvy Community Rules in relation to the provision of the Services and further acknowledge that Givvy may change the Fee from time to time on reasonable notice, to reflect a change in Givvy standard rates.
9. Givvy will not change the Fee during an event and you will always have the option of terminating this agreement and/or using an alternative fundraising platform if you do not accept any change in the Fee.
10. All Fees payable by Subscribers are exclusive of all taxes (including GST), duties, levies and charges, whether governmental or otherwise, payable in respect of all or any part of the Services or this agreement.
11. Title and copying
12. All intellectual property rights (including those subsisting in the platform, any website application, computer programs, software, databases and documentation) in any subject matter developed or supplied by or on behalf of Givvy in the provision of the Services (Intellectual Property Rights) are owned by Givvy.
13. In no circumstances may any subject matter developed, made available or provided by or on behalf of Givvy be disclosed to any third party not authorised by Givvy, without Givvy’s prior written consent.
14. Any content uploaded to the Services, (including any application or website), by a subscriber shall remain the property of the Subscriber.
15. Subscribers acknowledge that any data entered into the Services or generated or stored in any database associated therewith shall be the sole property of Givvy and that Givvy shall have the unfettered use of an ability to commercialise such data in any manner which Givvy deems fit.
16. Subscribers acknowledge that the Services are intended to be shared or publically available (including online) and will take such steps as they require to secure any content and data or information which they may wish to enter and shall otherwise comply with the terms of the licence set out below in relation to the security of their personal information.
17. In the event that Givvy elects, in its discretion, to make the Services available via an alternative (including secure or password protected) format, then it may offer such alternative platform to Subscribers on such additional terms as it reasonably requires. However, nothing in this agreement should be taken as an obligation on Givvy to make the Services available via an alternative format at any time in the future.
18. Subscribers acknowledge that they shall have no claim against Givvy in relation to any content, data or information which they may upload to the Givvy Platform or as a result of the publication of such content where accessed by any third party.
20. If a Subscriber has fully complied with this agreement, Givvy will grant the Subscriber a personal, non-exclusive, non-transferable licence (Licence) to access and use the Services pursuant to this agreement.
21. The Licence will only permit Subscribers to use the Services to complete or enter a single record and not to duplicate, overwrite, edit or remove the data entered into that record.
22. Nothing in these Terms will have the effect of excluding or limiting the application of sections 47B(3), 47C, 47D, 47E, 47F of the Copyright Act 1968 (Cth).
23. Subscribers will not create or permit to exist a security interest over the Licence or any modifications to, or enhancements, updates or new releases of, the software or documentation. For the purposes of the foregoing, "security interest" means a security interest that is subject to the Personal Property Securities Act 2009 (Cth) or any other mortgage, pledge, lien, charge or other arrangement of any kind which in substance secures the payment of money or the performance of any obligation, or that gives a creditor priority over unsecured creditors.
Under no circumstances shall Subscribers sublicence nor permit any third party not authorised by Givvy to access, use, reproduce or adapt the Services or any record created by the Subscriber and stored on the Service.
Subscribers shall ensure that all data and records (including all intellectual property and the Subscriber’s personal information) entered to the Services, is protected at all times from access, misuse, damage or destruction by any person not authorised by Givvy.
26. Confidential information
27. Subscribers shall treat all information contained in the Services or otherwise provided by Givvy in relation to the Services (including information comprised in any website application, computer programs, software, databases and documentation) as confidential, except to the extent that such information becomes public knowledge or is required, by law, to be disclosed.
28. Save for the provisions of clause 3.4, Givvy shall treat all subscribers records, data or confidential information, which is not subject matter in the public domain or in which Givvy owns intellectual property rights, as confidential.
29. The obligation contained in this clause survives the termination of this agreement.
31. To the extent permitted by law, Givvy shall not be liable for any circumstances affecting Givvy’s provision of the Services which are caused by factors beyond Givvy’s reasonable control.
32. Except as set out in clause 8.1, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Services, which are not expressly stated in these terms are expressly excluded.
33. Except as set out in clause 8.5, Givvy’s liability to Subscribers for any breach of this agreement, or in connection with this agreement, shall be limited to the Fee, or repayment of the amounts which have been paid by the Subscriber to Givvy, whichever is the greater.
34. Givvy shall not be under any further liability to Subscribers in respect of any loss or damage (including consequential loss or damage) however caused (whether by Givvy’s negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the provision of the Services.
35. Where any act of Parliament implies in this agreement any term, condition or warranty, and that act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under, then such term, condition or warranty, such term, condition or warranty shall be deemed to be included in this agreement. Givvy’s liability for any breach of such term, condition, or warranty shall be limited, however, at Givvy’s option, to any one or more of the following:
a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
b) If the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Givvy agrees to provide the support services identified in the Schedule.
38. As the subscription is personal to Subscribers, they shall not in any way assign or deal with interests under this agreement without Givvy’s prior written consent.
39. Givvy may assign or subcontract the performance of its rights and obligations under this agreement.
40. Within 7 days after Givvy’s request, Subscribers shall agree to such substitution and/or sign such documents as are reasonably requested by Givvy to substitute another supplier/licensor for Givvy.
42. Givvy may immediately terminate this agreement, including the Licence, on giving a Subscriber 7 days' written notice where a Subscriber is in breach of any term of the agreement, including (other than where Givvy is at fault) any term relating to payment, or does any act which might materially prejudice interests in intellectual property rights subsisting in subject matter delivered pursuant to this agreement.
43. On termination of this agreement for any cause Givvy may exercise a lien over all content and any media containing information supplied or to be supplied by Givvy in performance of the Services, until such time as all moneys owing by Subscribers to Givvy are paid in full.
44. On termination of this agreement Subscribers shall also, if requested by Givvy, immediately return to Givvy all such media as are in the Subscriber’s possession or under their control to Givvy and certify to Givvy that all such media have been so returned.
Givvy shall not be deemed to have waived any of its rights under this agreement unless such waiver is in writing, signed or acknowledged by Givvy.
46. Entire agreement
47. Subject to Clause 2.2, these terms constitute the entire agreement between the parties with respect to the Services, but any remedy expressly afforded to Givvy under this agreement is in addition to any other remedy available to Givvy at law.
48. Save in relation to the Website terms and conditions and the Givvy Community Rules, these terms are accepted by the parties as governing the provision of the Services to the exclusion of any other terms.
49. In the event of any inconsistency between these terms, the Website terms and conditions and the Givvy Community Rules, these terms shall prevail and the conflict shall be determined by giving priority to the documents in the order set out above.
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force, apart from such provision, which shall be deemed to be deleted.
This agreement shall be governed by and construed according to the laws in force in Queensland, Australia and the parties agree to submit to the jurisdiction of courts and tribunals of that State.
Fee means an amount equivalent to 2.5% of the gross amount of all donations made in relation to the Services, via the platform, site, app or such other means.
For support with account-related and payment-related questions, please read our FAQ or send an email to firstname.lastname@example.org addressed to our customer service department. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
Website terms and conditions
These terms and conditions apply to the use of this website, application or platform (Website). By using this Website you agree to be bound by these terms and conditions. We do not assume any duty of care with respect to any information and materials you access from this Website.
ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
Company means yourtown ACN 102 379 389, trading as Givvy.
Consequential Loss includes, without limitation:
a) loss of profits;
b) loss of revenue;
c) loss of data;
d) lost production;
e) loss of business;
f) loss of the benefit of any contract or other agreement or arrangement;
g) losses which do not arise naturally from a breach of contract in the usual course;
h) death or personal injury;
i) damage to health;
j) damage to reputation; and
k) legal costs.
Linked websites has the meaning given to that term in clause 4 of these terms and conditions.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Services are any services provided, supplied or promoted by us.
We, Us and Our are references to the Company, and (where appropriate) any Related Bodies Corporate of the Company, and each of them severally.
Website means the Company’s website at givvy.org, including an app, platform or other delivery method.
You and Your are references to either a user of the Website, or a purchaser or prospective purchaser of our products or Services, as applicable in the relevant circumstances.
2. Reliance upon and use of information
3. Our duty of care in relation to Your use of this Website, or any information or material accessible from it is limited to the matters identified in these terms.
4. All information provided by Us on the Website, or in respect of any products or Services are provided by Us as general information and is not in the nature of advice. You should make Your own independent inquiries and assessments with respect to any information You obtain from this Website.
5. We do not make any representations or warranties with respect to this Website, including, without limitation:
a) that any information on the Website is adequate, reliable, up-to-date, accurate, complete or suitable for any particular purpose;
b) that Your access to the Website will be uninterrupted or timely;
c) with respect to non-infringement of any third party intellectual property rights.
6. Unless otherwise prescribed by law, We are not liable for any direct loss, indirect loss or Consequential Loss resulting from any action taken or reliance made by You on any information, content or material on the Website, or Your use of the Website.
7. Your use of any materials or information provided on the Website, is entirely at Your own risk. We assume no duty of care to You with respect to such materials or information.
8. Intellectual Property
9. Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) is owned or licensed by Us. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in Your jurisdiction, and except as expressly authorised by these Website terms and conditions, You must not:
a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website; or
b) commercialise any information obtained from any part of the Website, including in relation to any data which is created via use of the Website or Platform. You specifically acknowledge that We shall have the exclusive rights in relation to such data or part of such data and any form into which it is collated or organised.
10. The trade marks and logos appearing on Our Website, and on Our products or Services, are Our property.
11. You must not use any of Our trade marks without Our written permission.
12. Without limitation, You agree that You will not use any of our trade marks:
a) in or as the whole or part of Your own trade marks;
b) on any other website or in any marketing or promotional materials; or
c) in connection with any activities, products or services that are not Ours.
13. Copyright and other intellectual property rights in some of the Website content may be owned by and will remain the sole property of third party content providers. You must not do anything that infringes either Our own or any third party intellectual property rights.
14. Linked Websites
15. This Website may contain links to third party websites (“Linked Websites”). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
16. We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that Your access to Linked Websites will be uninterrupted, timely or secure.
17. We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third party intellectual property rights subsisting in any content or material posted on Linked Websites. Links to particular sites are not to be construed as a representation of Our sponsorship, endorsement or affiliation.
18. Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by Us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites.
19. No offer of products or Services
Unless otherwise agreed in writing, the provision of information on this Website regarding any of Our products or Services is for advertising or promotional purposes only, and does not constitute an offer to sell any products or Services.
20. No offer of securities
No material or information accessible on this Website constitutes an offering of securities in any jurisdiction.
You acknowledge that the internet and provision of electronic services is a dynamic environment. We may vary these Website terms and conditions at any time, provided that the change will not be substantially detrimental to You. You acknowledge that changes will be effective immediately upon publication on the Website in relation to any further dealing which We may have with You.
We undertake to:
25. Security of information
26. Whilst We strive to protect Your information, We do not warrant and cannot ensure the security of any information which You transmit to Us, or that this Website is virus free.
27. Any information which You upload in accordance with these terms or transmit to Us is uploaded or transmitted at Your own risk.
29. Subject to law, including any liability We may have under the ACL which cannot be excluded, We do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with:
a) Your use of this Website;
b) any Linked Websites;
c) Your use or reliance on information or materials contained on or accessed through this Website; or
d) any of Our products or Services.
30. Subject to sub-clauses 10.3 and 10.4, to the extent that We are unable to exclude liability for any loss or damage or liability You may incur or suffer, Our maximum cumulative liability is limited to:
a) the Fees (amount paid) in relation to any subscription; or
b) $1000.00 whichever is the lesser amount; and
c) only claims which are notified in writing within 12 months of the circumstances giving rise to the claim occurring.
31. With the exception of any applicable consumer guarantees under the ACL, any condition or warranty which could otherwise be implied in connection with Our products or Services, or the Website, is excluded.
32. Subject to any liability We may have under the ACL which cannot be excluded, where any of Our Products or services are NOT acquired for personal, domestic or household use or consumption, any liability We do have for any direct loss, indirect loss, Consequential Loss or other damage is limited to:
a) the replacement of the relevant products or Services, or the supply of equivalent products or Services; or
b) the payment of the cost of replacing the relevant products or Services, or of acquiring equivalent products or Services.
33. Nothing in these terms and conditions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.
34. System security
35. You must not, and You must not permit any other person to:
a) violate or attempt to violate any aspect of the security of the Website;
b) modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
36. You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
a) accessing data unlawfully or without consent;
b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
c) attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
38. If any of these Website terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability and to the extent possible may be severed, without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
39. If We waive any rights available to Us under these Website terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
40. Governing Law
41. The Website is operated from Australia. We make no representation that the content and materials on the Website are appropriate for use in other locations.
42. These terms and conditions and your use of the Website are governed by the laws in force in Queensland, Australia. By using the Website, You agree to submit to the jurisdiction of the courts of Queensland, Australia.
Givvy community rules
The Givvy fundraising platform (Website) and its associated services allows you to donate to, and raise funds for, any of the causes listed on the Website ("Causes") which could include charities, certain non-charitable good causes and other listed organisations.
Every Cause featured has entered into an agreement with Givvy authorising Givvy to collect donations on its behalf. Causes are listed on this Website at Givvy's discretion, however we cannot accept responsibility for the activities of the Causes. A charity must have the appropriate authorisation, permit or licence to operate as a charity. You should ensure that you wish to support your chosen charity and that it is suitable to receive your donation. It is your responsibility to check that you are donating to the Cause you intended.
Subject to law, once a donation is made, it will only be refunded in limited circumstances and, where necessary, with the prior written consent of the Cause to whom it has been made.
If you do not agree to this you should not use Givvy to make, receive, participate in or promote donations.
Use of your donation
Givvy does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Cause's use of any donation. After donations are made, all further dealings are solely between the donor and such recipient.
Please note that recipient organisations may reserve the right to use your donation for their general purposes. Givvy cannot guarantee that funds will be earmarked for a particular purpose, event or appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the Cause and make your donation directly to them.
Givvy charges a small transaction fee on every donation made on the Website, app or platform, or its associated services. The fee is currently equivalent to 2.5% of the gross donation.
Donations may also be subject to third party payment processing fees charged by financial institutions. In that event, Givvy will only pass on (without additional fee) the payment processing fee.
When you make a donation by certain electronic means or by credit card, the transaction is final and not disputable unless you can show that there has been unauthorised use of your payment card or other payment method. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
Givvy will never email or phone you and ask you to provide personal information or payment details.
Permission for under 18’s
It is a condition of use of the Website that all persons who are under 18 years of age must have the consent of a parent or guardian before subscribing and signing up to the Website and creating a fundraising profile or page. The parents or guardian of any person under 18 years of age must provide their consent and any additional details which are set out on the signing or subscription page. They must also accept these for the proper use of the Website by the persons under their care.
Protecting your account
When you register with Givvy and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk or send us an email.
Givvy is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to a Cause. You should consult your own adviser about any accounting, taxation or financial consequences that may affect you before making a donation.
You must at all times use the Website and its associated services in a proper manner and in accordance with these Givvy Community Rules. You must ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular:
- You must not upload offensive, obscene, racist, defamatory, misleading or deceptive content reserves the right to remove or edit any content posted on the Website or its associated services at its sole discretion and without notice, regardless of whether or not it is offensive, obscene, racist, defamatory, misleading, deceptive or otherwise inappropriate.
- If you build a profile or fundraising page, you must ensure that any information you provide is accurate and not misleading. It is your responsibility to ensure that the content you are uploading on your page (“Content”), in particular the picture(s), photograph(s) and any video(s) is your original work, you have the right to upload it and/or it is not copyright-protected. Givvy reserves the right to remove any content, including pictures, photographs, videos or copy from personal fundraising pages, at its sole discretion.
- By submitting and posting Content to the Website, you grant to Givvy a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, display and distribute the Content in any format, using any medium, for the purpose of promoting Givvy or a Cause, or for any other purpose that we deem appropriate.
- Other than in relation to your own profile or fundraising page, you may not remove or change anything on the Website.
In addition, you must not:
- misrepresent your identity or affiliation with any person or organisation;
- use the Website to send junk email or 'spam';
- use the Website to conduct, display or forward surveys, pyramid schemes or chain letters;
- interfere with, or disrupt, the service, or introduce any computer virus (including malicious code or instructions); or
- disclose any information relating to any donor except with the consent of the donor or as permitted by local laws.
Givvy reserves the right to block, terminate, suspend or cancel your membership or access to the Website and delete any Givvy page without notice in the event of a breach of the above rules.
Givvy may also suspend or delete a Givvy page if your chosen Cause or charity is no longer receiving donations via Givvy.
Givvy reserves the right, at its absolute discretion, to cancel your personal fundraising page at the request of the Cause.
Givvy may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.
Changes to the service
Givvy will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time. Unless specifically exempted, any new features, services or software applications introduced or made available for use by Givvy shall be subject to these Givvy Community Rules.
Givvy reserves its right to remove inactive fundraising pages from the Website and other services.
Givvy may from time to time have the need to change the format and content of the Website and its associated services. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of Givvy Community Rules.
The Givvy Community Rules and all matters related to our Website and Services are governed by the laws in force in Queensland, Australia and the parties (including all Subscribers and others having access to the Website) agree to submit to such laws and to the jurisdiction of the Courts and tribunals of that State.
Disclaimer and Limitation of Liability - If you live in Australia, the Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by Givvy of services on the Website, which cannot be excluded, restricted or modified. Givvy does not exclude, restrict or modify those rights.
To the fullest extent permitted by law, Givvy's liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of Givvy to, in the case of services supplied or offered by Givvy which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.