Terms & Conditions of Connor's Run 2014 / More fun than run

CONNOR’S RUN 2014
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (ACL) 
Under the ACL, several statutory guarantees apply to the supply of certain goods and services.  These guarantees mean that the Robert Connor Dawes (‘RCD’) Fund is required to ensure that the recreational services it supplies to You:
- are rendered with due care and skill; and
- are reasonably fit for any purpose which You, either expressly or by implication, make known to the RCD Fund; and
- might reasonably be expected to achieve any result You have made known to the RCD Fund.
Under section 22N of the ACL, the RCD Fund is entitled to ask You to agree that these statutory guarantees do not apply to You.  By entering or participating in the Event, You agree that Your rights to sue the RCD Fund (under the ACL) if You are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in the Terms and Conditions.
NOTE: The change to Your rights, as set out in the Terms and Conditions, does not apply if Your death or injury is due to gross negligence on the RCD Fund’s part.  Gross negligence is defined in the Australian Consumer Law and Fair Trading  Regulations 2012.
TERMS & CONDITIONS
By clicking the “I accept the terms and conditions for this event” button You warrant and represent to the RCD Fund that: 
- You are eligible to apply for participation in the Event; 
- You have read and understood these terms and conditions and all other relevant material, including any Event Rules, Event or Series Policies and the Warning and Note required under the ACL; and 
- You acknowledge and agree that if You are accepted to participate in the Event, You must comply with these terms and conditions and all other relevant rules and policies including the Event Rules and Event or Series Policies.
NOTE:  Competitors under the age of 18 years can only participate where a parent or guardian accepts the Consent and acknowledges participation by response to Our correspondence. 
1 Definitions
1.1 "Claims" means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence. 
1.2 “Consent” means the form provided in the online entry system for parent or guardian acceptance and acknowledgement of the Terms and Conditions.
1.3 “Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in paragraph 2 of the Terms and Conditions.
1.4 “Event” means Connor’s Run 2013.
1.5 “Event Day” means the day or days that the Event competition is held on.
1.6 “RCD Fund” means the RCD Fund and authorised representatives.  All references to “We”, “Us” or “Our” are references to the RCD Fund.
1.7 “Terms and Conditions” means these Terms and Conditions (including the Warning and Note) and where the context allows, any policies and rules applicable to the Event.
1.8 “You” means the person named on the Event application being the applicant and where accepted by the RCD Fund, becoming a competitor in the Event.  Where You are under 18 years of age, where relevant, You also refers to the consenting parent or guardian.
1.9 “Warning and Note” means the warning and note provided in accordance with the ACL allowing recreational service providers to limit their liability to You.
2 Eligibility to participate
2.1 If You are under 18 years of age on the date of the Event, a parent or guardian must accept these terms and conditions and acknowledge the Warning and Note required by the Australian Consumer Law.  Where no consent is provided, You warrant that You are 18 years of age or older on the date of the Event.
2.2 You must be medically and physically fit and able to participate in the Event. 
2.3 You must not be a danger to Yourself or to the health and safety of others.  
3 Refusal of applications
3.1 The RCD Fund reserves the right to refuse any application for entry into the Event for any reason, including where:
3.1.1 an applicant does not meet the Eligibility Requirements;
3.1.2 an application, is not completed by the nominated completion date;
3.1.3 the field cap has been reached, regardless of the circumstances; or
3.1.4 an application is made on the Event Day, unless the RCD Fund makes a specific exception allowing the application.
4 Your obligations.
4.1 If Your application to participate in the Event is accepted You will be permitted to participate in the Event on the condition that You comply with the Terms and Conditions and any reasonable direction issued by the Event organisers or their representatives. 
4.2 You must immediately notify the RCD Fund in writing of any change to Your fitness and ability to participate in the Event. Where You do not provide any written notice to the RCD Fund, the RCD Fund will rely upon this as evidence of Your fitness and ability to participate. 
4.3 In applying to participate in this Event You consent to receiving any medical treatment that the Event organisers or their authorised representatives (including emergency services providers) consider reasonably necessary or desirable during or shortly after the Event.  You must reimburse the Event organiser and the RCD Fund for any costs or expenses incurred in providing You with medical treatment.
4.4 You must pay the fees due at the time of submitting Your application.  No applications will be accepted or considered unless and until all fees have been received by the RCD Fund.
5 Risks, liability and indemnity
5.1 You acknowledge that participation in the Event can be inherently dangerous and that You may be exposed to certain risks during the Event including, but not limited to, overexertion, equipment failure, dehydration, serious accidents, and risks associated with the course and adverse weather conditions.  These risks can and often eventuate and they may result in You being personally injured or killed or Your property being damaged.  By entering into or participating in the Event You agree that: 
5.1.1 You have read and understood the risks associated with participating in the Event and this warning, and accept and assume the inherent risks in participating in the Event. 
5.1.2 You are fully responsible for the security of Your personal possessions at the Event including other valuable items. You agree that the RCD Fund is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
5.1.3 You acknowledge that where You are a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded.  You acknowledge that these implied terms and rights and any liability of the RCD Fund flowing from them, are expressly excluded to the extent permitted by law.  To the extent of any liability arising, the liability of the RCD Fund will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee relating to the Event. 
6 Release and indemnity
In consideration of the RCD Fund accepting Your application for entry to the Event, You to the extent permitted by law:
6.1 release the RCD Fund from all Claims that You have or may have had but for this rele ase arising from or in connection with Your participation in the Event; and
6.2 indemnify the RCD Fund and will keep the RCD Fund indemnified in respect of any Claim by any person including another participant in the Event arising as a result of or in connection with Your participation in the Event or arising as a result of You transferring Your entry in the Event to another person or arising from You permitting another person to participate in the Event in Your stead.
7 Insurance
You acknowledge and agree that insurance is in place that may provide limited cover to You whilst participating in the Event.  You understand that this insurance may not cover You for all injury, loss or damage sustained by You in participating in the Event and You acknowledge that the RCD Fund does not make any representations about the suitability of the insurance. You also agree that You can, in Your own interests and at Your own expense, seek and obtain personal insurance over and above the cover provided by the RCD Fund.
8 Fees
8.1 You must pay all the fees due, including any amounts payable for additional services , additional merchandise and other options You nominated at the time of entry into the Event. 
9 Refunds
9.1 You accept that Your entry fees are non-refundable under any circumstance.  The RCD Fund is not required to refund entry fees where a competitor has a change of mind.
9.2 Competitors unable to compete in the Event for any reason (except disqualification) are entitled to receive any event garment, show bag or gift bag as relevant.
9.3 The RCD Fund may grant You a refund (minus a $10 administrative fee) if:
9.3.1 You provide the RCD Fund with a valid medical certificate from a certified medical practitioner with a provider number; and
9.3.2 the medical certificate is received by the RCD Fund by 12pm no less than 2 business days prior to the Event.
9.4 You acknowledge and agree that due to the nature of this event and the element of "luck” in the prevailing conditions, that Your entry and participation in the Event may be affected by matters outside of the control of the RCD Fund, including but not limited to the weather and associated conditions.  You accept that in such circumstances the RCD Fund has the right to alter the format of, shorten, or cancel the Event in the interest of competitor safety.  The RCD Fund will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should weather conditions force any change, You accept that the RCD Fund is not obliged to provide You with any refund, credit, transfer to another RCD Fund event or to restage the Event.
10 Transfers and resale
10.1 If you wish to switch into a different distance for the Event, you may do so however any switch made within 2 days prior to the Event will mean that Your t-shirt will not be available at the start of the Event.  Every effort will be made to have it available at the finish of the Event.
10.2 Any attempt to transfer Your entry to another person without the knowledge of the RCD Fund may result in the cancellation of Your entry without refund and You may be prohibited from participating in other the RCD Fund events. 
10.3 You must not offer Your (or any other persons) entry for sale through any medium, including auctions (on eBay or any other auctioning or similar means).  All individuals involved in such conduct will be disqualified from the Event. 
11 Privacy
11.1 The RCD Fund has a privacy policy and the information that You provide with this application is necessary for the conduct of the Event.  You acknowledge and agree that the information provided will be used by the RCD Fund to facilitate the conduct of the Event.
11.2 You understand that You will be able to access Your information through the RCD Fund. 
11.3 If the information is not provided Your application may be rejected.  
11.4 You warrant that the information You provide in Your application is correct.  If You provide incorrect information, the RCD Fund may disqualify You from the Event and You may be ineligible to participate in future RCD Fund events.
11.5 You consent to the Event organisers using Your name, image, likeness and also Your performance in the Event, at any time, to promote the Event or any future similar events by any form of media.
11.6 You consent to receiving electronic newsletter material from the Event organisers or their authorised representatives prior to and after the Event.  Unless You have nominated otherwise, You acknowledge and agree that Your information may also be used for marketing purposes by a third party or the Event sponsor. 
12 Governing laws
Your participation in the Event or Series is governed by the laws of the state of Victoria, Australia or as otherwise agreed by the parties.
13 Amendment
Terms and Conditions can only be amended with the prior written consent of the RCD Fund.
14 Severance
If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from these Terms and Conditions to the extent that it is illegal or unenforceable.  Any remaining part of a term or condition remains valid continues to operate to its full force and effect.
 

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) 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

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
  2. These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
  3. By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and 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 Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

  1. GoFundraise may either offer an “optional contribution” model or at the request of the beneficiary, event organiser or platform a “traditional” service fee model with or without a Donor pay option.
    Optional contribution
    Under the “optional contribution” model, the beneficiary, event organiser, corporate or platform may designate that GoFundraise will advise the donor that there is the option to contribute to the running of the platform. Under this option, GoFundraise does not charge a “Traditional/Standard” service fee to the charity or beneficiary. Your support is appreciated to continue to offer this platform fee service.

    Standard arrangement
    GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the beneficiary, event organiser or platform offer a "traditional" service fee model of a small service fee typically between 0% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

    Special Event Fees
    Some event organisers, beneficiaries, corporates of similar may charge a “Special Event” fee to offset the costs of administering the event this fee will be stipulated within the terms and conditions of the event and beneficiaries can choose to opt out of the event if they choose. Standard transaction charges are paid, unless otherwise stipulated by the beneficiary. GoFundraise reserves the rights to change the service fee model at anytime, all donations will occur at the described rate at the time of transaction.

    Donor Pays Option
    Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $ 0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt), Stripe charged at the designated rate based on the beneficiaries plan. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $ 0.20 fee per beneficiary.
  3. If GoFundraise 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

  1. 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.

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $ 2.00 AUD.
  2. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

  1. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

  1. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. 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

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise 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 except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.

  4. 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:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.

  5. In addition, You must not use the Platform to:

    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. 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 GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise 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 GoFundraise at {support@gofundraise.com.au}

User IP

  1. 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:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise 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.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise 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

  1. 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 GoFundraise 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 discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise 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:

    1. 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;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. 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
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. 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
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise 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 GoFundraise 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 GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise 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:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, 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:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. 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
    4. 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).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. 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.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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