Definitions and Interpretation

Version 1.4 October 2025

1.            Definitions

The following definitions apply to these Terms and Conditions and Agreement.

ACNC
Australian Charities and Not-for-profits Commission.

Affiliate
Goodstack Impact Foundation (Australia) Ltd ACN 647 111 402 and any firm, company, association, foundation, trust or other form of organisation with Goodstack or its trustees, in their capacity as such, is or are the ultimate and exclusive owner or trustee, or which is a Related Body Corporate of Goodstack or Goodstack Impact Foundation (Australia) Ltd ACN 647 111 402.

ATO
Australian Taxation Office.

Business Day
A day which is not a Saturday, Sunday, or a public holiday in New South Wales, Australia.

Charity
Any organisation for the time being recognised by the ATO or ACNC as a charity under applicable law.

Goodstack
Goodstack Australia Pty Ltd ACN 640 424 228.

Goodstack IF
Goodstack Impact Foundation (Australia) Ltd ACN 647 111 402.

Good2Give Community Fund
Good2Give Community Fund (ABN: 75 706 087 297) or Good2Give Community Fund NZ NZBN 9429043079728 (as applicable)

Grant Request (Goodstack Giving Platform / Foundation Account)
A request to Goodstack for Goodstack IF as Trustee of Good2Give Community Fund to make a grant to a Nominated Charity in respect of a donation made by the requestor to Good2Give Community Fund.

Eligible Donor or Donor (Goodstack Giving Platform)
An individual eligible to participate in your giving program, use your instance of the Goodstack Giving Platform, and access any applicable donation matching.

Employer Giving Centre (Goodstack Giving Platform)
The online interface via which you may access the G2G Giving Platform to drive Eligible Donor participation and oversee Donation matching and other analytics.

Employer Payroll Centre (Goodstack Giving Platform)
The online interface via which you or, where approved by Goodstack, your payroll agent may access the Goodstack Giving Platform to manage your giving program including confirming the identity and completing registration of Eligible Donors, update grant request details, and manage reconciliation between the Goodstack Giving Platform and your payroll system.

Good2Give Giving Platform
Your instance of Goodstack’s web based service which includes the facility for Eligible Donors to make donations and Grant Requests, and also includes the Employer Giving Centre and the Employer Payroll Centre.

GST Act
A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Intellectual Property / IP
All rights throughout the world in patents, trademarks (whether registered or not and including without limitation any rights in get up or trade dress), brand names, and service marks, designs, trade or business names, copyrights (including without limitation future copyright and rights in the nature of or analogous to copyright), database, trade secrets, domain names, inventions, designs, and any other intellectual property rights arising by operation of law, contract, licence or otherwise, whether or not now existing and whether or not registered or registerable and includes any right to apply for the registration of such rights and includes all renewals, revivals and extensions and any other rights or a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, including all renewals, extensions and revivals or, and all rights to apply for, any of the foregoing rights.

Matching Donation (Goodstack Giving Platform)
An amount donated by you to match donations made by your Eligible Donors according to the parameters of your Workplace Giving Program.

Non-Payroll Donations (Goodstack Giving Platform)
A specified amount an Eligible Donor authorises Goodstack to deduct from their credit card or digital wallet as a donation to Good2Give Community Fund for distribution to (a) charity/ies, taking into account the Eligible Donor’s Grant Request.

Nominated Charity/Nomination
The charity nominated by the Eligible Donor in their Grant Request to receive a grant from Good2Give Community Fund in respect of the donation the Eligible Donor made to Good2Give Community Fund.

Payroll Donation (Good2Give Giving Platform)
A specified amount an Eligible Donor enters into the Giving Platform to be deducted by their Employer from their salary or wages as a donation to Good2Give Community Fund for distribution to (a) charity/ies, taking into account the Eligible Donor’s Grant Request.

Personal Information
has the meaning given in the Privacy Act 1988 (Cth)

Related Body Corporate
has the meaning set out in s.50A of the Corporations Act 2001 (Cth)

Third Party
Any person or entity which is not you, Goodstack, or an Affiliate of Goodstack.

2.            The following rules of interpretation apply to these Terms and Conditions and Agreement.

2.1          Unless the context otherwise requires, a reference to:

(a)           the singular includes the plural and vice versa;

(b)           a gender includes all genders;

(c)           a document (including this Agreement) is a reference to that document (including any Schedules and Annexures) as amended, consolidated, supplemented, novated or replaced;

(d)           a party means a party to this Agreement;

(e)           an item, Recital, clause, Schedule or Annexure is to an item, Recital, clause, Schedule or Annexure of or to the Agreement;

(f)            a person (including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government Agency and the person’s successors, permitted assigns, substitutes, executors and administrators;

(g)           a law includes any legislation, judgement, rule of common law or rule of applicable stock exchange, and is a reference to that law as amended, consolidated, supplemented or replaced and includes a reference to any regulation, by-law or other subordinate legislation;

(h)           proceedings include litigation, arbitration and investigation;

(i)            time is to Sydney time;

(j)            day is to a day in Sydney;

(k)           the words ‘including’ or ‘includes’ means ‘including, but not limited to’, or ‘includes, without limitation’ respectively;

(l)            headings are for convenience only and do not affect interpretation of the Agreement; and

(m)          if a period must be calculated from, after or before a day or the day of an act or event, it must be calculated excluding that day.