Subscription Terms and Conditions

General Terms

By agreeing to this document you’re acknowledging you’re legally able to act on behalf of the organisation named. You warrant that the organisation is a registered charity with the ACNC.

This Agreement is made on the date of commencement of subscription between The Charitable Agency Pty Ltd (ABN 42 671 125 401) (Charitable Agency) and the Subscribed organisation as above together (the Parties).

WHEREAS

A. The Charitable Agency Pty Ltd ABN 42 671 125 401 (Charitable Agency) licences a donation application (Platform) to Charitable Giving Ltd (81 657 475 164), a company limited by guarantee, and Charitable Giving Ltd as trustee for Charitable Fund (ABN 76 615 370 698) for the purposes of procuring donations to pass on to charities nominated by the donor. Charitable Agency provides subscription and consulting services for the Platform.

B. The Subscriber has agreed to enter into an agreement with Charitable Agency on the terms of these Terms and Conditions (Agreement). By paying the Subscription Fee or otherwise acting in a manner indicative of accepting this Agreement you agree to this Agreement and any other policies notified or published by Charitable Agency from time to time.

Charitabl. subscriptions are non-refundable.

You must maintain charitable status of your organisation for the duration of the term and operate in accordance with the ACNC governance standards where required to do so. In the event your organisation ceases to be a Charity, or there is reasonable reason to believe that you are not abiding by your governance obligations for maintaining your charitable status, it is to be considered a material breach of the agreement, Charitabl may immediately terminate the agreement and no refunds will be given.

Funds are settled monthly into your nominated bank account. Charitabl. will provide you with access to the back end system which allows you to access a report that contains the name, email and phone number of the donor together with the donation amount. Charitabl. remits to you all net proceeds of the donation being gross donation income less bank fees and any other third party costs. Funds will be processed using your organisation’s local currency (AUD).

We will communicate with you about your Charitabl. account. You consent to receive, and acknowledge that you agree to receive all electronic communications.

Termination Policy

You can cancel your month to month agreement by providing three months notice in writing. Annual subscriptions require three months notice in writing prior to the expiration of the annual anniversary date. If not validly cancelled, subscriptions will automatically renew.

Charitabl. also reserves the right to limit or suspend your access to the Service, terminate the Terms of Services or other agreement with you and/or cancel your account, with immediate effect, if in our reasonable opinion you have breached any of the obligations under this agreement.

Personal Data Protection

Charitabl. respects the private and sensitive information of donors. As a data processor, we collect identity details of donors including their names, email and phone numbers. We collect this information directly from the donor using the app, and we store the information on our central cloud secure storage in accordance with our Privacy Policy, and use this information for:

the purposes of conducting our business and providing the products and services, or the services of a third party;
for notifying those donors of continued ways of donating through the app; and
to comply with our legal obligations.

The details of the donors who have nominated to give to your charity are available to you in your backend dashboard, however, you must ensure you take all reasonable steps to protect this information and otherwise comply with the relevant provisions of the Privacy Act 1988 (Cth). You are responsible for the security of your account and must ensure to keep all passwords confidential and observe all reasonable privacy measures to protect your account from unauthorised access.

Our Privacy Policy describes in more detail how Charitabl. processes personal data. We encourage you to read the Privacy Policy and use this information in order to make more informed decisions.

Use of Third Party Services

You understand and accept that Charitabl. uses third party providers to assist in the delivery of its services (for example, Payment Gateways). By agreeing to these terms or using these services, you agree to be bound by the Terms of those third parties (where applicable). Charitabl. accepts no liability for your use of these third- party service providers.

Limitation of Liability

To the fullest extent permitted in law, in no event shall Charitabl. be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages, whether foreseeable or not, arising out of or relating in a way to the Services, or any related content or information. Your sole remedy is to stop using the services.

Indemnification

You agree to defend, indemnify and hold harmless Charitabl. against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the Service, or a third party’s violation of these terms of use or use of services on your behalf.

Assignment

You may not assign or transfer these Terms of Service, or any of its rights or obligations without the prior written consent of Charitabl.

No Waiver

No failure on behalf of Charitabl. to enforce strict performance of this agreement shall operate as a waiver of any provision or right Charitabl. has to enforce under this agreement, nor shall any course of conduct between Charitabl. and you or any other party be deemed to modify any provision of this agreement.

Agreement to Arbitrate

Any dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to arbitration in accordance with and subject to, Resolution Institute Arbitration Rules. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.

Entire Agreement

These terms and conditions together with the application, form the entire agreement between us. Charitabl. reserves the right to amend these terms and conditions from time to time, and any amendment to them, unless otherwise required by law, will become effective on the renewal date of your subscription. To the fullest extent permitted by law, where there are inconsistencies with these terms and conditions, these terms and conditions shall prevail.

Jurisdiction

These terms and conditions together with the application are to be construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of New South Wales, Australia.

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