Goodstack Terms and Conditions for End Users

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Good2Give Giving Platform Terms and Conditions

between Goodstack Australia Pty Ltd (“we” or “us”) and the user of the Good2Give Giving Platform (“you”)

1.           These Terms and Conditions

1.1          The Good2Give Giving Platform is operated by Goodstack Australia Pty Ltd (ABN 91 640 424 228). We enter into these Terms and Conditions (“Terms”) in our personal capacity and, in respect of obligations to receive and distribute Donations, as agent for Goodstack Impact Foundation (Australia) Ltd, which acts as trustee for Good2Give Community Fund (ABN 75 706 087 297) (“G2GCF”).

1.2          These Terms govern your access to and use of the Good2Give Giving Platform and its associated services. You agree to be bound by these Terms each time you use the Good2Give Giving Platform.

1.3          These Terms may change or be updated from time to time. We will post updates to the Terms on the Good2Give Giving Platform from time to time. You must check for updates whenever you access the Good2Give Giving Platform. The latest version of these Terms will govern any usage by you of the Good2Give Giving Platform and its associated services from the date we post the revised version.

2.           Use of the Good2Give Giving Platform

2.1          You must register with the Good2Give Giving Platform and create a user in order to participate in the program. Your Organisation may need to verify your identity to confirm your registration before you can use the Good2Give Giving Platform.

2.2          You must be 16 years or older to register with the Good2Give Giving Platform and to use its associated services. If you are under 18, you must have your parent or guardian’s permission to register with the Good2Give Giving Platform and use its associated services.

2.3          You must provide accurate, complete and current information when you register with the Good2Give Giving Platform and must keep this up to date.

2.4          It is your responsibility to ensure the safety and security of your Good2Give Giving Platform user account. You must not tell anyone the password to your account or allow any other person to access it. You must take care not to leave your password and user account details where someone else could find them. You are responsible for all activity that occurs under your user account. You must immediately notify us of any unauthorised use of your account or password, or other known account-related security breach.

2.5          Donors making Credit Card Donations must not use a Credit Card that has not been issued in their name.

2.6          The Good2Give Giving Platform allows Organisations to provide a Giving Program to Eligible Donors. Eligible Donors may make recurring and/or one-time Donation Requests. A Donation Request consists of a Donation to G2GCF, along with a nomination for G2GCF to make a grant to a particular Charity. An Organisation may also choose to also offer Matched Contributions.

3.           Making a Donation Request

3.1          Subject to these Terms, in particular clause 3.11 below, following your Donation Request we process the Donation to G2GCF and make a grant to your Nominated Charity after we receive the funds, either from you or your Employer (in the case of a Payroll Donation Request).

3.2          To make a Donation Request you must register to use the Good2Give Giving Platform, select your Nominated Charity, and an amount to give on a regular or once off basis.

3.3         By confirming a Payroll Donation Request, you authorise your Employer to deduct the amount of that Donation from your salary or wages paid via the Employer’s payroll. Your Employer is responsible for making deductions in respect of the Payroll Donations and will usually deduct a Payroll Donation from your next salary or wages pay period. However, if you submit a payroll Donation Request close to your Employer’s payroll processing cut-off date for a particular pay period, it may not be processed until the following pay period. You should ask your Employer for details of when the Donation will be deducted from your salary or wages.

3.4          By confirming a Non-payroll Donation Request, you authorise us to charge the amount of the Donation to your credit card or digital wallet (as selected by you) at the intervals you select. The Good2Give Giving Platform allows Donors to save their Credit Card details to support future dated or recurring Credit Card Donations. Credit Card details are securely stored by our payment provider, and are not held by Good2Give or stored by the Good2Give Giving Platform. Good2Give will use its reasonable endeavours to have your donation processed within two Business Days of the date you nominate.

3.5         If your Organisation has indicated to us that it wishes to offer Matched Contributions, then the Good2Give Giving Platform will calculate the amount of the Matched Contribution to be made in respect of the Donation according to the rules selected by your Organisation. In particular, if your Organisation offers Matched Contributions for Non-payroll Donations, they may require you to provide evidence of the Donation having been made (e.g. a receipt or evidence of Volunteering Activity). We are not responsible for your Organisation’s failure to make a Matched Contribution in respect of any Donation. If you are dissatisfied with your Organisation’s processes or policies regarding Matched Contributions, you should take this up with your Organisation.

3.6         If your Organisation fails to make payment of your pledged Payroll Donation or a Matched Contribution, or makes an incorrect payment, we will take reasonable steps to follow this up. However, if a payment continues not to be made or an error in payment is not rectified, you should contact your Organisation about this. The processing of Payroll Donations, Matched Contributions and payroll administration is your Organisation’s responsibility, and not our responsibility.

3.7          We review the Donation Requests received from Donors and makes grants to the Nominated Charities regularly in respect of Donations received, dependent on receipt of the Payroll Donations or Matched Contributions from Organisations, and the settlement of funds from Credit Card Donations.

3.8          A fundamental element of the Good2Give Giving Platform is that we will seek to make grants to your Nominated Charity in accordance with your Donation Request. However the Donor recognises that, where required to comply with our legal obligations, we may not always be able to distribute grants to your Nominated Charity and as such we reserve the right to approve or disapprove the payments to particular Charities in some cases.

3.9          If your Nominated Charity ceases to exist, we will use reasonable endeavours to inform you and assist you in nominating an alternative Charity to receive the grant. However we cannot guarantee that we will always be able to accommodate your alternative Nominated Charity and reserve the right to pay grants to other Charities in such circumstances.

3.10       Making a Donation Request in favour of a Charity does not entitle you to any interest in, or benefit from, a Charity.

3.11       Charities may refund or refuse to accept grants from G2GCF at any time at their discretion and for any reason.

Payment Policy – Payroll Donations

3.12       You may change or cancel a Payroll Donation Request which has not yet been processed by your Employer by signing back into the Good2Give Giving Platform and amending the details for that Donation. However, this can only be done up to the payroll cut-off date as determined by your Organisation.

3.13       Any technical issues or other problems with submitting, changing or cancelling Payroll Donations should be first addressed to your Organisation. If your Organisation is unable to resolve the issue, they may refer the matter to our customer service department.

3.14       If you make a mistake in the Payroll Donation Request amount and it has been processed, you can either make a subsequent Payroll Donation Request or increase or reduce your next regular Payroll Donation Request amount. To the fullest extent permitted by law, you agree that payment of any Donation to us constitutes an absolute transfer and is not returnable to you.

Payment Policy – Non-Payroll Donations

3.15       Non-Payroll Donations can be made immediately (“Pay Now Donations”), scheduled to occur regularly (“Recurring Donations”), or scheduled for a future date (“Pay Later Donations”).

3.16       Recurring Donations or Pay Later Donations can be cancelled or amended through the Good2Give Giving Platform up until the Business Day prior to the Scheduled Processing Date, after which time they cannot be cancelled or amended.

3.17       Pay Now Donations cannot be cancelled or amended once a entered in the Good2Give Giving Platform.

3.18       Any Non-Payroll Donation made through the Good2Give Giving Platform by a user entering that user’s Credit Card details is final and not disputable. To the fullest extent permitted by law, you agree that payment of any Donation to us constitutes an absolute transfer and is not returnable to you.

3.19     We are under no obligation to provide a refund and any decision whether to provide a refund will be at our sole discretion. If you would like to request a refund you must provide us with details of how you made the Donation, the amount, date and circumstances justifying your request, and confirming that you have not initiated a dispute process with your bank or credit card provider. We may provide a refund in exceptional circumstances, including if:

  • an error was made by us or one of our agents,
  • the Donation was provided by a vulnerable person,
  • the Donor entered the wrong amount, or
  • there has been unauthorised use of a user’s Credit Card.

Automatic Annual Donation Increases

3.20       If enabled by the Organisation, the Donor may be given the option in the Good2Give Giving Platform to agree that their recurring Donations will be automatically increased by a certain percentage after a year from the date the Donation was pledged (“Automatic Annual Donation Increase”). For example, a Donor might select a 5% Automatic Annual Donation Increase. If you select Automatic Annual Donation Increase when agreeing to make a regular Donation, you agree that the Good2Give Giving Platform will increase the recurring Donation in line with the percentage Automatic Annual Donation Increase you have selected. You authorise the Good2Give Giving Platform to process this increased Donation and you authorise us to accept such increased Donation on your behalf for your nominated Charity (and to deduct any applicable administrative costs from such Donation). You agree that it is your responsibility to keep track of the date when your Automatic Annual Donation Increase is due to take effect and to monitor the amount by which the Donation amount will change. You can cancel an Automatic Annual Donation Increase at any time from within the Good2Give Giving Platform.

Administration Costs

3.21       Registering on the Good2Give Giving Platform is free but, when you Donate to a Charity, we incur administration costs for processing the Donation and remitting funds to the Charity. The amount of these administration costs varies depending on what your Organisation has agreed with us but, depending on the arrangements with your Organisation, these costs may be deducted from the amount of the Donation. You should check with your Organisation regarding how our administration costs are dealt with. By confirming the Donation amount, you agree that we may deduct such costs from the Donation.

Tax-Deductible Giving

3.22       Payroll Donations are typically deducted from your salary or wage payment before the deduction of tax. If this is the case, you will not pay tax at source on the amount of the Donation. For Donations made from post-tax income (Non-payroll Donations typically fall in this category), you may be able to seek a tax deduction when you complete your tax return. It is your sole responsibility to determine the taxation consequences, if any, of making a Donation.

3.23       Donations made via the Good2Give Giving Platform will be deductible for tax purposes as the Donations will be received by G2GCF, which is endorsed by the ATO as a Deductible Gift Recipient (“DGR”), or we will receive the Donation as your paying agent which will be paid to other DGR endorsed organisations.

3.24       For Payroll Donations, we will not provide you with a separate tax receipt as part of the Donation process. Your Employer is responsible for providing you with a payment summary or other confirmation (e.g. by listing a Payroll Donation on your relevant payslip) stating that the Payroll Donation was made.

3.25       We will provide you with a tax receipt for Non-Payroll Donations by email. These are also stored in the My Giving History section of the Good2Give Giving Platform.

Matching Submissions

3.26       If your Organisation has made Post-Tax Donation Matching Submissions available to the Donor, the Donor may submit a Donation made outside the Good2Give Giving Platform to have a Matched Contribution made by the Organisation to the Nominated Charity, in line with the rules set out by the Organisation for this submission method. The evidence requirements, submission rules and approval rules are decided by your Organisation.

3.27       If your Organisation has made Volunteering Matching Submissions available to the Donor, the Donor may submit details of volunteering activities to the Good2Give Giving Platform to have a Matched Contribution made by the Organisation to the Nominated Charity, in line with the rules set out by the Organisation for this submission method. The evidence requirements, submission rules and approval rules are decided by your Organisation.

4.           Good2Give Giving Platform Licence and Intellectual Property

4.1          Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-sub licensable and non- transferable licence (permission) to access the Good2Give Giving Platform for the purpose of participating in your Organisation’s Giving Program. Except as otherwise expressly specified in these Terms, we grant you no other rights in respect of the Good2Give Giving Platform.

4.2          All Intellectual Property Rights comprised in or relating to the Good2Give Giving Platform (including the Good2Give logo and site design) and the name Good2Give (together, “Good2Give IP”) belong to us or our licensors (including your Organisation and the Charities listed on the Good2Give Giving Platform). Except as expressly stated in this clause 4, nothing in these Terms constitutes a transfer or licence of any Good2Give IP to you. You must not use any such IP without our express permission. Use of the Good2Give IP without permission may be an infringement of third party Intellectual Property Rights and is a material breach of these Terms, entitling us to terminate your user account immediately (without affecting any other rights we may have).

4.3          Except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent us restraining you from doing so, you must not decompile, disassemble or otherwise attempt to derive any source code or underlying algorithms of any part of the Good2Give Giving Platform, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate or otherwise create derivative works of any part of the Good2Give Giving Platform.

5.           Your Conduct, Representations and warranties

5.1          You represent and warrant to us that:

  1. you have the legal capacity and authority to agree to these Terms; and
  2. you are an Eligible Donor or authorised representative of the Organisation named as the Organisation on the web page which you accessed to register for the Good2Give Giving Platform.

5.2          You agree that you will not take any action in relation to or connection with the Good2Give Giving Platform that:

  1. infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity;
  2. breaches applicable laws, regulations or relevant industry codes, or is otherwise unlawful, threatening, abusive, harassing, defamatory, obscene, tortious, offensive or invasive of another’s privacy;
  3. disrupts, damages, limits, modifies, obtains unauthorised access to or otherwise interferes with the proper function of any security measures, software, hardware or telecommunications equipment or information of us or any third party (including submitting content or executing scripts which contains software viruses, computer codes, files or programs that are intended to have such an effect);
  4. is false, misleading, deceptive or inaccurate, including by misrepresenting your identity or affiliation with any other person or organisation;
  5. imposes or may impose (as reasonably determined by us) an unreasonably large load on our or our third-party service providers’ technology infrastructure; or
  6. uses manual or automated software, devices or other processes to “crawl” or “spider” any page of the Good2Give Giving Platform.

6.           Suspension and Termination

6.1          We reserve in our sole discretion the right, at any time and without notice, to:

  1. suspend a user account; or
  2. cancel or reverse Donations, pledged donations (future Donations not yet made), Nominations to Charities, and grants to Charities,

for non-compliance with these Terms, where we reasonably consider such action is justified by that non- compliance, and in cases where we suspect fraud or error, or for any other good reason.

6.2          We or your Organisation may terminate your access to the Good2Give Giving Platform and/or your user account at any time, without prior notice, where you have materially breached these Terms and we or your Organisation reasonably considers such action is justified by your breach.

6.3          If your access is suspended or terminated, and you wish to make changes to your previously pledged Donations, you must contact your Organisation and arrange for them to make these changes.

6.4          If you wish to terminate your user account, you may do so by contacting your Organisation.

7.           Disclaimers and Limitation of Liability

7.1          If you are a consumer, you have certain rights under consumer protection legislation, which cannot be excluded or limited by us (“Consumer Rights”). Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so:

  1. we exclude all representations, warranties, guarantees, terms, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms; and
  2. your use of the Good2Give Giving Platform (including, without limitation, all material obtained from or linked to the Good2Give Giving Platform) is at your own risk.

7.2          Subject to your Consumer Rights, to the extent to which we are entitled to do so and despite any other provision in these Terms, we limit our liability in respect of any claim relating to these Terms and the supply of our services in connection with the Good2Give Giving Platform to, at our option:

  1. the supply of the affected services again; or
  2. the payment of the cost of having the affected services supplied again.

7.3          The Good2Give Giving Platform facilitates Donations and Matched Contributions along with Nominations to Charities but it is your responsibility to investigate independently and satisfy yourself as to the appropriateness of a Charity and the truth of any claims on a Charity’s listing page, website or in any Charity Communications. If you disagree with how a Charity has used the Donation, you should raise this with the Charity, not with us. Subject to clause 7.1, we do not represent, warrant or guarantee:

  1. the identity, contact details or bona fides of the Charity, or the accuracy of any statements made on Charity listing pages or in Charity Communications;
  2. the feasibility, suitability, appropriateness or success of a Charity’s objects;
  3. that the Charity will use the Donation in any particular manner; or
  4. that the full amount of Donations collected or pledged via the Good2Give Giving Platform will be received in full and without deduction by a Charity in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if your Organisation does not transfer the Donation to us).

7.4          To the fullest extent permitted by law and subject to clause 7.1, we limit our liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:

  1. any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses the Good2Give Giving Platform; and
  2. Good2Give’s exercise of its rights under clause 6,

to the amount of your most recent Donation and, in any event, up to a maximum amount of $100.

7.5          Neither you nor we will be liable for any delay in performing or failure to perform any of our obligations under these Terms if that delay or failure is due to an event beyond the affected party’s reasonable control (“Intervening Event”). A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.

8.           General

Good2Give Community Fund

8.1          You acknowledge that, with respect to funds relating to certain Charities, Goodstack Impact Foundation (Australia) Ltd may exercise its rights and discharge its responsibilities in its capacity as trustee for G2GCF, including where relevant in respect of collecting, holding and distributing grants, and related actions.

Privacy

8.2          Your personal information is handled in accordance with our Privacy Policy (www.good2give.ngo/privacypolicy) which is incorporated by reference into these Terms. Please review this document carefully to ensure you understand it before accepting these Terms.

Communications

8.3          You acknowledge and agree that we will send you information and communications in connection with your use of the Good2Give Giving Platform, including Charity Communications and Good2Give Communications. Such communications may be by email. Charity Communications are created by Charities and not us. Consequently we assume no responsibility for the content of such Charity Communications. Please see our Privacy Policy for further information regarding Good2Give Communications.

8.4          If you select “Anonymous” for any of the Donations then we will not pass any of your contact details onto the Charity. However, we will continue to deliver Good2Give Communication and Charity Communications as per clause 8.3.

8.5          If you have previously supplied your contact details to the Charity, or given us permission to pass them your details, then the Charity already has your contact details. If you wish to remove your contact details in this circumstance you need to contact the Charity directly.

Third Party Sites

8.6          The Good2Give Giving Platform may contain links to third party websites, and third party websites and resources may contain links to the Good2Give Giving Platform. The inclusion on another website of any link to the Good2Give Giving Platform does not imply endorsement by, or affiliation with, us. When accessing third party websites, you do so at your own risk.

Changes to the Good2Give Giving Platform and these Terms

8.7          We reserve the right to modify, suspend or discontinue all or any part of the Good2Give Giving Platform and its associated services at any time with or without notice. We does not guarantee that any Content will be available through the Good2Give Giving Platform at all or specific times.

Governing Law

8.8          These Terms are governed by the laws of New South Wales and the parties submit to the non- exclusive jurisdiction of the courts of New South Wales.

Interpretation

Automatic Annual Donation Increase means the process whereby the Good2Give Giving Platform increases a Donor’s giving dollar amount by a specified amount or percentage in response to the Donor’s request for such an automatic increase.

Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in New South Wales.

Charity means any organisation for the time being recognised by the Australian Taxation Office or ACNC (Australian Charities and Not-for-profits Commission) or any regulatory body replacing the ACNC as a charity under applicable law.

Charity Communications means information uploaded to the Good2Give Giving Platform by Charities and sent to Donors via email or the Good2Give Giving Platform.

Content means all content made available through the Good2Give Giving Platform including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.

Credit Card means any credit card, debit card, or digital wallet accepted by the Good2Give Giving Platform.

Donation Request means the request by an Eligible Donor to participate in their Organisation’s Giving Program, or to amend a previous Donation Request. This includes details of the Eligible Donor’s Nominated Charity, their preferred dollar giving amount, whether the Donation is a one-off Donation or a regular, periodic Donation, and – if applicable – whether the Eligible Donor wishes to activate Automatic Annual Donation Increases.

Donation means a Payroll Donation or Non-Payroll Donation

Donor means any Eligible Donor who is registered to donate through the Good2Give Giving Platform, and includes you.

Eligible Donor can include employees, contractors and other personnel who are deemed eligible to participate in the Giving Program by the Organisation.

Giving Program is the Organisation’s choice of giving options made available to Donors through the Good2Give Giving Platform and the making of Donations and Donation Requests by Eligible Donors and the provision of grants by G2GCF to Charities taking into account the Eligible Donor’s Nominated Charity or Charities.

Good2Give Communications are communications that may be generated by the Good2Give Giving Platform using content provided by us and Charities and which is sent to Donors by the Good2Give Giving Platform or via email.

Good2Give Giving Platform means the online giving program interface which is accessible at https://my.good2give.ngo.

Fundraising Page means a webpage hosted by our third party partners, which is set up to raise funds for a Charity (with Deductible Gift Recipient status), that can be connected, linked and shared.

Intellectual Property Rights means 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, service marks, designs, trade or business names, copyrights (including without limitation future copyright and rights in the nature of or analogous to copyright), databases, trade secrets, domain names, inventions, designs, circuit layouts, 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 registrable and includes any right to apply for the registration of such rights and includes all renewals, revivals and extensions and any other rights of 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 of, and all rights to apply for, any of the foregoing rights.

Matched Contribution means an amount donated by an Organisation in respect of or in relation to a Donation Request to that Donor’s Nominated Charity.

Non-Payroll Donation means a specified amount an Eligible Donor authorises us to deduct from their credit card or digital wallet as a financial contribution to  the G2GCF.

Nominated Charity means the charity selected by the Donor using the Good2Give Giving Platform to receive a grant from the G2GCF.

Organisation means an organisation (whether an individual or body corporate or other legal entity) which has contracted with us for the provision of the Good2Give Giving Platform and its associated services to Eligible Donors.

Payroll Donation means a specified amount an Eligible Donor enters into the Good2Give Giving Platform to be deducted by their Employer from their salary or wages as a financial contribution to the G2GCF.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.

Scheduled Processing Date means the date shown in the Good2Give Giving Platform that the Donation will be processed.

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