Terms & Conditions

Welcome to the Platform of Global Awakening Technologies Pty Ltd (ABN 62 646 225 345) trading as “Fund My Challenge” (“we“, “us” or the “Company“), a Platform to connect Donors with Charities.

Fund My Challenge is located on the internet via the domain www.fundmychallenge.com and Fund My Challenge (Version 1.0) [Mobile Application Software] available to download on iOS and Android devices, and includes all of the files located in that domain or in those mobile applications. Collectively, these access points and documents will be referred to as the “Platform”.

The following documents are incorporated by reference into these Platform Terms of Use: Fund My Challenge End User Licence Agreement; Fund My Challenge Retailer Use Agreement; Fund My Challenge Charity Use Agreement (“Supplementary Agreements”). 

  1. Agreement to these Platform Terms of Use

By accessing this Platform, you agree to be bound by these terms of use (“Platform Terms of Use“). These Platform Terms of Use constitute a binding agreement between you and the Company and govern your use of this Platform.

    1. Interpretation

In these Platform Terms of Use, the following rules of interpretation apply:

  1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Platform Terms of Use;
  2. these Platform Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
  3. the singular includes the plural and vice-versa; and 
  4. the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
    1. Definitions
  • A reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity;
  • “You” and “your” refers to you as the “User” of the Platform. If you are accessing the Platform on behalf of a company or entity, then ‘you’ or ‘your’ include yourself and the entity, with you as the authorised representative. As the representative, you represent and warrant that you have been granted the authority to legally contract with the Company and therefore are subject to these Platform Terms of Use;
  • A reference to the “Company” includes Global Awakening Technologies Pty Ltd (ACN 646 225 345), Global Awakening Fund Australia Pty Ltd (ACN 646 218 162) and Global Awakening IP Pty Ltd (ACN 646 216 935), as the proprietors of ‘Fund My Challenge’;
  • “Charity” refers to the charities which have been accepted by the Company to receive donations through the Platform;
  • A reference to a “Donor” refers to Users of the Platform who contribute to Challenges through the donation of money to Charities; and
  • A “Challenge” is defined as the content you upload on the Platform, which requires a donation for contribute. 
    1. Privacy Policy

As part of these Platform Terms of Use, your use of this Platform is also subject to our Privacy Policy (located at www.fundmychallenge.com/privacy/).

    1. Legal Capacity to Transact

If you are under 13 years of age (16 in Europe), you are not permitted or authorised to use this Platform with or without registering an account. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Platform, with or without registering an account, only with the approval of your parent or guardian. 

If you have indicated that you are over the age of majority in your jurisdiction, you represent and warrant to the Company that this information is true and correct. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from their parents or guardians.

    1. Termination of Agreement

You are entitled to terminate your acceptance of these Platform Terms of Use at any time by deleting your account. To the maximum extent permitted by the law, you may still be liable for breaches of these Platform Terms of Use which occurred prior to termination. 

  1. Restrictions on Use

The Company has no control over the content that is uploaded by Users or third parties and the Company may, but is not obligated to, monitor User Content. If you are concerned about content or a particular User on the Platform, you can report, by emailing report@fundmychallenge.com, the User or content to the Company to be examined.

    1. Prohibited Conduct

Certain conduct relating to your use of the Platform is prohibited.  We refer you to the rules relating to Prohibited Conduct.  

    1. Violation of these Platform Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

  1. temporarily or indefinitely suspend, or terminate, your access to this Platform or refuse to provide services to you if:
  1. you breach any provision of these Platform Terms of Use;
  2. the Company is unable to verify or authenticate any information that you provide to us; or
  3. the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; 
  1. remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Platform Terms of Use; and/or
  2. take any other action to the extent that it is legally permitted, which the Company, in its complete discretion, considers necessary and appropriate to protect users, the Company, its officers, employees, agents, consultants, licensors, partners and affiliates, including charities, sponsors and other parties who use or are associated with the Platform, or for the protection of the reputation of the Platform generally.  

In investigating any potential breach of these Platform Terms and Conditions and taking the actions set out in this clause, the Company may rely on any and all evidence available to it, including, but not limited to, consideration of social media accounts, related news, and any other information that we, in our sole discretion, deem relevant to our investigations.

    1. Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  1. any material or information that you submit, post, transmit or otherwise make available through this Platform ;
  2. your use of, or connection to, this Platform ; or
  3. your negligence or misconduct, breach of these Platform Terms of Use or violation of any law or the rights of any person.
  1. Registration and Account Security
    1. Requirement for Registration

You are not required to register an account to use aspects of the Platform, including viewing Challenges. Users who have not registered an account will be restricted from fully engaging in the Platform and its Services. Any person who accesses the Platform is subject to these Platform Terms of Use, regardless of whether they have or have not registered by creating an account.

The Company reserves the right to make any parts of this Platform accessible only to users who have registered.

    1. Username and Password

Upon registration with this Platform, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Platform. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this Platform with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

    1. User Information

In order to register an account with this Platform, you must agree to these Platform Terms of Use and provide the Company with:

  1. a valid email address;
  2. accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
  3. any other information that may be required by the Company during the registration process.

You must promptly update this information to maintain its accuracy at all times. 

You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.

    1. Identity Verification

When creating your account, you may be required to verify your identity.  The Company may utilise a third party identity verification platform for this purpose. Verification of identify ensures the security of the Charities, the Company, and yourself. When using an identity verification platform linked through the Platform, you are subject to the terms and conditions of the identity verification platform and you must provide complete and accurate information.  If you fail to verify your identity as required by the Company, you may not be permitted to access the Platform or register an account.

    1. Multiple Accounts and Automated Account Opening

One person may not maintain more than one account with this Platform. Accounts registered by “bots” or other automated methods are not permitted and will be deleted.

    1. Approval of Registrations

The Company reserves the right to accept or reject any application for registration of an account with this Platform in its complete discretion.

    1. Locking of Accounts

The Company is entitled to place your account on a permanent or temporary hold, which would restrict engagement in the Platform and ability to make donations. This may occur: 

  1. where there is a suspected or actual violation of these Platform Terms of Use or any other Supplementary Agreement between the User and the Company, 
  2. where there is suspected or actual fraudulent activity, 
  3. if it is required in order to comply with local, state or federal regulations, 
  4. if required to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations; or 
  5. for any other reason which the Company, in our sole discretion, deems appropriate or necessary.

The Company is not required to provide you with explanation as to why your account has been placed on permanent or temporary hold in accordance with this clause.  

  1. Donations

Information regarding the fees, payments methods, prices, refunds and other relevant financial information is subject to the rules set out under the heading Donations and Payments below.

    1. Donation Constitutes Offer

By making a donation through this Platform, you make an irrevocable offer to make a donation to the Platform pursuant to these Platform Terms of Use. Information contained in this Platform constitutes an invitation to treat only. No information in this Platform constitutes an offer by us to supply any services to you and we do not warrant that donations will be disbursed to nominated charities– however, where your donation cannot be disbursed to your nominated charity, the Company will endeavour to ensure that your donation is disbursed to a like charity to the charity nominated by you.

We will not commence processing any donation made through this Platform unless and until:

  1. payment for the donation has been received by us in full; and
  2. the donation has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each donation for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

  1. at any time prior to your donation being accepted in accordance with these Platform Terms of Use, cancel all or part of your donation; and
  2. at any time:
  1. allocate your donation to a like charity where the charity nominated by you no longer meets our charity vetting requirements; and/or
  2. terminate your access to this Platform; and/or
  3. remove or edit any content on this Platform.
    1. Acceptance of Donations

Acceptance of each donation will take place if and when the Company notifies you in writing that your donation has been accepted, at the time at which such notification is sent by the Company.

    1. Processing of Donations 

All donations are paid to and processed by Global Awakening Fund Australia Limited as trustee for the Global Awakening Fund Australia (ABN 42 216 586 270) (“Global Awakening Fund Australia”), registered with the Australian Charities and Not-for-profits Commission and endorsed by the Australian Taxation Office as a tax concession charity and deductible gift recipient and operates for the benefit of eligible charities in accordance with an agreement and authorisation between the Global Awakening Fund Australia and the Company where necessary as its authorised agent to operate the Platform. Unless expressly stated otherwise,  all references in the Platform Terms of Use to payments or donations are to be referenced as payments or donations to the Global Awakening Fund Australia. 

  1. Dealings with Third Parties
    1. Content Supplied by Third Parties

This Platform may include online portals allowing third parties to advertise goods and/or services for sale to Users through this Platform and to upload information and other content directly to this Platform for our Users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

  1. any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
  2. any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
  3. any loss or damage that results from any dealings that you may have with such third parties.
    1. Third Party Goods/Services and Websites

We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this Platform or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Platform or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

    1. User Acknowledgements

You acknowledge that the Company does not:

  1. check the truth or currency of any of the material or information that third parties provide or make available through this Platform;
  2. control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties referred to in this Platform or whose identities become known to you through this Platform, including suppliers of content that is published or made available in or through this Platform;
  3. offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
  4. endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by the Company to you or otherwise become known to you through this Platform.
    1. Role of the Company

The relevant supplier, and not the Company, is:

  1. the supplier of the goods and/or services that you offer to purchase; and
  2. solely responsible for supplying you with those goods and/or services and for those goods/services themselves.

We do not act as agent for the supplier and we make no representation or warranty, and provide no guarantee, that the supplier will provide you with the goods and/or services that you offer to purchase through this Platform, or that those goods/services will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any supplier listed on this Platform and any goods or services supplied, offered or recommended by or on behalf of a supplier.

    1. Disputes between Users and Suppliers

You are solely responsible for your interactions with suppliers listed on this Platform and the Company is not a party to any transactions between you and such suppliers. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users and suppliers.

If you believe that any supplier from which you have purchased any goods or services through this Platform has failed to provide those goods or services to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that supplier if we consider it appropriate at our discretion to do so. The Company will not, however, act on your behalf, or on behalf of any supplier, in respect of any dispute between you and a supplier.

  1. Donation Recipients 
    1. Charities

Donors are not entitled to impose use restrictions upon recipient Charities for donations made through the Platform. The use of donations by Charities is governed by the Company’s Conditional Gift Requirements.  Charities are required to enter into arrangements with the Company, or with another service provider authorised by the Company to enter into such agreements on the Company’s behalf with Charities, to be provided service via the Platform, which facilitates the donation of money to their organisation and cause (“Service”).  This agreement is between the Charities, service providers and the Company.  

While the Company considers that it’s Charity Vetting Process and Conditional Gift Requirements are best practice for ensuring that the Charities accepted by the Platform are reputable and that donations are managed to provide the greatest impact in the interests of the objects of the Charity, the Company does not represent or warrant that every Charity that is accepted by the Company will operate in a manner reflecting the obligations and duties imposed by the Company. You acknowledge and accept that the Company is not responsible for the conduct or the manner in which the donations are managed once disbursed to the Charities.  The Company is not liable for any loss, harm, or damage suffered by you that may arise as a result of the Charity’s misuse of donations.

The Company takes the on-boarding of Charities seriously. All Charities are required to undergo the Charity Vetting Process in order to be accepted as a Charity on the Platform, and are held at high standards following their acceptance. To read more about this, you can access details of the Charity Vetting Process

      1. 6.1.1.Suspected Fraudulent Activity

The Company takes fraudulent activity seriously, so if you suspect or are aware of fraudulent activity by a charity, please report it to the Company immediately so that prompt action may be taken.

  1. Intellectual property
    1. Copyright

In these Platform Terms of Use, the term “Proprietary Content” means:

  1. this Platform;
  2. all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Platform, and the selection and arrangement thereof); and
  3. all software, systems and other information owned or used by the Company in connection with the Services offered through this Platform (whether hosted on the same server as this Platform or otherwise).

All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Platform Terms of Use or with the prior written consent of the Company or other copyright owner (as applicable).

You may download and print out content from this Platform only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

    1. Trademarks

The Company’s logo and the phrase “Fund My Challenge” are trademarks of the Company. The look and feel of this Platform (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.

    1. User Content

In these Platform Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to this Platform by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This Platform contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  1. represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
  2. grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
    1. Idea Suggestions 

Users may communicate with us, through support systems or on public forums, and make uninvited submissions regarding novel products, systems or other ideas, or improvements or modifications of the existing products, systems or processes (“User Suggestions”). 

In making a User Suggestion, you consent to granting the Company and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform or otherwise exploit any or all part of the User Suggestion in any way at the Company’s absolute discretion. You also waive any rights, including any moral rights or confidentiality, which you may have with regards to User Suggestions.

You agree to acknowledge that we may have had a similar piece of information or idea within our contemplation or in development, prior to or at the time as your recommendation.

    1. Copyright Claims

If you believe that our Platform contains any material that infringes upon any copyright that you hold or control, or that Users are directed through a link on this Platform to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

  1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS RELATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS PLATFORM AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS PLATFORM, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This Platform is provided strictly on an “as is” basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Platform or any of its content, and in particular do not represent, warrant or guarantee that:

  1. the use of this Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  2. this Platform will meet your requirements or expectations;
  3. anything on this Platform, or on any third-party website referred or linked to in this Platform, is reliable, accurate, complete or up-to-date;
  4. the quality of any services, information or other material purchased or obtained through this Platform will meet any particular requirements or expectations;
  5. errors or defects will be corrected;
  6. this Platform or the servers that make it available are free of viruses or other harmful components; or
  7. the donations received will be handled in accordance with donors expectations.

The aforementioned disclaimer does not attempt to relinquish or vary the effects of any warranties which cannot be disclaimed under the applicable law. 

  1. Limitation of Liability
    1. Exclusion of Liability

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, injury, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits or anticipated profits, loss or corruption of data, personal injury, damage or destruction to property, loss of use, emotional distress or psychological damage, loss of business or revenue, whether predicted or actual, or loss of goodwill), even if foreseeable, arising directly or indirectly out of, or in connection with, these Platform Terms of Use or the use of this Platform by you or any other person. 

The Company and its officers, employees, agents, consultants, licensors, partners and affiliates excludes all liability to you or any other persons for the use of donation funds or Donor’s personal information upon transfer to the Charities.

    1. Remedies Limited

To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company’s sole discretion):

  1. in the case of goods, to any of the following:
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods;
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  4. the payment of the cost of having the goods repaired; and
  1. in the case of services:
  1. the supply of the services again; or
  2. the payment of the cost of having the services supplied again.
    1. Professional Advice

You acknowledge that no information provided on the Platform, in these Platform Terms of Use, in any Supplementary Agreements, or in any other Company or Platform documents are intended to be construed as professional legal, financial, tax, or any similar type of advice. Your legal, financial, tax and/or other relevant decisions are at your sole discretion and are done so at your own risk. You acknowledge that you have only relied upon your own judgement or the advice of a professional advisor in engaging in the Platform and that you do so at your own risk.

    1. Release

You agree that your use of this Platform and your donations are at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Platform Terms of Use, any third-party links accessed through this Platform, or the use of this Platform by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

    1. Force Majeure

To the maximum extent permitted by law, and without limiting any other provision of these Platform Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Platform Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations. Such circumstances include, but are not limited to or solely indicative of the class of circumstances, acts of terrorism, acts of war, natural disasters, government action or interference, labour shortages, national emergencies, infectious disease, pandemic and/or epidemic.

  1. Complaints and Disputes 

You must file a complaint or dispute directly to the Company within 30 days of the conduct giving rise to the claim is alleged to have occurred.

    1. Filing a Complaint to the Company

You can contact the Company by calling us or submitting a complaint via the Contact Us page on the Website or Platform. 

Your complaint must: 

  1. contain your details, including name and contact details; 
  2. contain a clear and concise statement of the nature and circumstances of the dispute; 
  3. include any evidence you intend to rely on to support your claim; and 
  4. include the names and contact information, to the maximum extent possible, of any opposing or third parties involved.
      1. Resolving a Complaint 

If you file a complaint, the Company: 

  1. Will respond solely to complaints or disputes that we find to be legitimate and genuine, and in accordance with the requirements detailed above (“Genuine Complaints or Disputes”); 
  2. Will acknowledge within 10 business days of receiving the complaint;
  3. Will endeavour to provide a response within 30 days of receiving the Genuine Complaint or Dispute.  This is an indicative timeframe and may vary; and
  4. Will exercise our discretion in resolving the Genuine Complaint or Dispute reasonably based on the evidence provided. 
  5. If you are unsatisfied with the resolution provided by the Company, you may appeal the decision made by the Company within 14 days of being advised of the Company’s decision as to the genuineness of your compliant or dispute, or resolution provided.  The Company will consider the appeal and will endeavour to provide a final decision within 30 days of receipt of the appeal.  

If your complaint or dispute is relevant to a third party the Company may, but is not obligated to, forward your dispute onto the third party and you will be informed of such.

    1. Arbitration 

If the dispute cannot be resolved directly with the Company, your last option is to have the matter resolved through alternative dispute resolution methods. 

Any dispute, controversy or claim arising out of, relating to or in connection with these Platform Terms of Use, any Supplementary Agreements, or your use of the Platform, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the Arbitration Rules of the Australian Centre for International Commercial Arbitration. The seat of arbitration shall be Brisbane, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. 

To the extent permitted by law, you agree that disputes between us will be resolved by binding, individual arbitration and you waive your right to participate in a class action. 

    1. Disputes between Users

The Company encourages Users to attempt to settle disputes amongst themselves in the event of a conflict. You may attempt to contact Customer Support if your resolution attempt is unsuccessful. The Company, while not obligated, is entitled to become involved at the exercise of its own discretion.

You agree that any disputes, conflicts, or claims that arise between you and another user of the Platform occur independently from the Company. You agree to hold the Company harmless from liability and responsibility for any and all of the inter-User disputes. 

The Company may, but is not obligated to, monitor User Content or third party content uploaded to the Platform.  If you are concerned about content or a particular User on the Platform, you can report the User or content to the Company to be examined it via the Contact Us page.

  1. General
    1. Notifications

The Company may provide any notification for the purposes of these Platform Terms of Use by email and/or by adding the notification into your User control panel.

    1. Costs

Except as specifically provided in these Platform Terms of Use, each party must bear its own legal, accounting and other costs associated with these Platform Terms of Use.

    1. Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Platform Terms of Use without the Company’s prior written consent. Your registration with this Platform is personal to you and may not be sold or otherwise transferred to any other person.

The Company may assign, transfer or sub-contract any of its rights or obligations under these Platform Terms of Use at any time without notice to you.

    1. No Waiver

Waiver of any power or right under these Platform Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or any subsequent or similar breaches.

    1. Severability

The provisions of these Platform Terms of Use are severable and, if any provision of these Platform Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

    1. Variation

The Company reserves the right to amend these Platform Terms of Use and any other policy on this Platform at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Platform will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Platform or the Services offered through this Platform.

You may only vary or amend these Platform Terms of Use by written agreement with the Company.

    1. Electronic Delivery Notice 

By engaging with this Platform, you warrant and represent that you accept that the Company may provide all communications in connection with the Platform, including legally required disclosures and notices, and agreement amendments, electronically. Electronic delivery may include providing a notification or posting the notice on the Platform. If you do not consent to receiving Notices electronically, you must delete your account and discontinue your use of the Platform. 

    1. Governing Law and Jurisdiction

These Platform Terms of Use will be governed in all respects by the laws of Queensland, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

    1. International Access and Use

The Company does not warrant that the Platform, including its software, is free from export controls and economic sanctions of jurisdictions external to Australia. It is your responsibility as the user to only download or otherwise access the Platform where there is no violation of the legislation which govern the jurisdiction you are accessing the Platform from.

If you are accessing the Platform outside of Australia, the Company makes no representation that it will comply with the legal standards or regulations, including intellectual property, of any jurisdictions external to Australia. You accept that you are solely responsible for complying with the legislation that applies to your online conduct and are accessing the Platform at your own risk.

    1. Accessing Information

The Fund My Challenge team strive to be a social media platform that is reliable and transparent. If there is a piece of information you would like access to, that you think is appropriate for Users of the Platform to be aware of, please feel free to contact us. If we deem, in our sole discretion, the information may appropriately be made public, we will happily release such information.

Please feel free to contact us via the Contact Us page available on the Website. 

    1. Goods and Services Tax (GST)

Unless otherwise expressly stated, all amounts payable through your use of this Platform for goods and/or services, other than gifts, are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Depending on the country you are accessing the Platform from, the GST requirements may vary. It is your responsibility to be aware of the GST or export rules that apply to you specifically. 

  1. Donations and Payments 

You agree that any donation you make to a Charity through the Platform is your own choice. You are exclusively responsible for determining the appropriateness, merit and practicality of making a donation.

The Company reserves the right to change the prices for Services or any other monetary figure displayed in this Platform at any time before you place an order.

    1. Fees 
      1. 12.1.1.Merchant Fee

The Payment Processors (explained in Clause 2 below) used to process your donations require a merchant fee which is disclosed at point of payment and is automatically included in your donation unless you elect to add this fee to your donation. 

For example: if you make a $10 donation and the merchant fee is 1.4% + 30c without electing to add the merchant fee to your donation, $9.58 will go to charity and 44 cents will automatically be given to the Payment Processor. If you make a $10 donation and opt to add the merchant fee, $10 will go directly to charity and 44 cents will be paid to the Payment Processors.

You acknowledge that and agree to the Payment Processors deducting a portion of your donation as disclosed at the point of payment for their services.

In creating, contributing to, commenting or otherwise engaging in Challenges or the App, you must refrain from doing, stating or implying that other Users should not opt to add the merchant fee to their donation. 

      1. 12.1.2.Tips

Donors are able to tip the Fund My Challenge team while making their donation. Tips made to the Platform will go directly to helping Fund My Challenge grow and achieve our goal of being in 100 countries and helping over 1000 Charities. This tip will cover expenses including connecting with more charities, advertising, improving the Platform software, and more.

      1. 12.1.3.Minimum Spend Amount

The minimum donation amount is $10. The Company, in our sole discretion, may change this amount at time or by any degree that it deems appropriate. 

      1. 12.1.4.Failed Payments

You are solely responsible for any fees that occur if a donation you make through this Platform result in an unexplained fee (that is not a result of the Company or its affiliates) or overdraft of your account.

      1. 12.1.5.Fund Matching

In any agreement you enter into that requires you or a third party to fund match donations, the Company is not a party. We are in no way responsible for any loss, injury, damage or harm of any kind that occurs to you or any other party when you or any other party has purported to fund-match.

You are solely responsible for providing the funds you agreed to and for complying with local regulations and not to engage in any conduct which may be construed as misleading, deceptive or otherwise contrary to law or public policy. 

      1. 12.1.6.Events 

Physical and/or virtual events (“Events”), including concerts, marathons, walks, or similar, may be created, managed and operated under this Platform, and your involvement may incur a registration fee. The fees, any necessary permits, personnel, and any other requirements associated with these Events are the responsibility of the Event’s organisers, not of the Company and will be subject to the Event Organiser’s terms and conditions. 

The individuals or entities involved in organising these Events may utilise the Services provided by the Platform, and therefore are bound by the terms of these Platform Terms of Use and all Supplementary Agreements. Furthermore, the Event’s organisers, not the Company, may issue refunds and will be solely responsible for determining and enacting their refund policy. 

      1. 12.1.7.Tax Deductibility

The donations you make through the Platform are tax deductible. You will receive a receipt for your donation from the Company to assist in deducting the payment, and complying with tax regulations and for other purposes necessary.  

It is not the responsibility of the Company to ensure that your donation is deducted from your tax payments.

We will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation. 

      1. 12.1.8.Alternative Tax Requirements

We are not responsible for the assessment, collection, reporting or any other undertaking for tax purposes to the Australian Tax Office, or any other tax authority. You are solely accountable for your tax requirements. 

The terms relating to tax in these Platform Terms of Service and all Supplementary Agreements are specific to the jurisdiction of Australia. You are responsible for complying with the tax legislation of your country, and the Company will not be liable for your lack of awareness and/or non-compliance with local regulations and any subsequent loss, or damage you suffer. 

    1. Payment Methods

Payment for orders placed through this Platform may be made by credit card, debit card, or processed online using the secure payment gateways:

  1. Stripe Payments Australia Pty Ltd;
  2. PayPal Australia Pty Ltd; 
  3. Apple Pay Pty Ltd; or 
  4. any other payment gateway that the Company may add (Payment Processors).

The Company is not responsible for the quality, performance or operation of any Payment Processor, and is not liable for any loss, damage, or harm you suffer as a result of your use of these processors.

      1. Stripe Payments Australia Pty Ltd (ABN 66 160 180 343)

The Company uses the third-party payment gateway provided by Stripe Payments Australia Pty Ltd (ABN 66 160 180 343), trading as “Stripe“, for its secure online payment transactions. Payments made through Stripe are subject to Stripe’s own terms and conditions, privacy policy and other relevant agreements. For more information about Stripe, see the Stripe website (http://www.stripe.com/).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Strip other than information that is required in order to process your tax receipt (eg, your name, email address and billing address).

      1. PayPal Australia Pty Ltd (ABN 93 111 195 389)

Donors may make the donation payments using PayPal Australia Pty Ltd (ABN 93 111 195  389), trading as “PayPal”. This is a secure payment gateway which you can access and find more information about on the PayPal website (https://www.paypal.com/). 

When making payments through PayPal, you are subject to the terms and conditions and privacy policy of the site and you are responsible for being aware of these terms. 

We do not see of have access to any personal information that you may provide to PayPal other than information that is required in order to process your tax receipt (eg, your name, email address and billing address).

      1. Apple Pay

The Platform allows donations to be made securely through Apple Pay, a payment platform compatible with Apple devices which supports major credit and debit cards, including Visa, MasterCard and American Express. Stripe is also supported by Apple Pay. To learn more, visit the Apple Pay AU website (https://www.apple.com/au/apple-pay/). 

You are subject to the terms of service, terms and conditions, and other legal agreements of Apple Pay when using the service. The Platform is not able to access the personal payment processing information you provide through Apple Pay other than information that is required in order to process your tax receipt (eg, your name, email address and billing address).

      1. Credit and Debit Card Payments

All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

Privacy 

You acknowledge that by contributing to a Challenge and in making donations, you agree for your donation and relevant data to be accessed, processed, used, and transferred to these Payment Processors. 

Your payment details are not stored by the Company, and at no point in time do we have access to this information. 

    1. Refunds
      1. 4.3.1.Refunds

Except as expressly provided otherwise in these Platform Terms of Use, all amounts paid through this Platform are non-refundable. In rare circumstances, the Company may agree, in our sole discretion, to issue a refund, though it is in no way obliged.

Specific instances where your refund request will be absolutely rejected include, but are not limited to: regretting your decision, entering the wrong number, not properly reviewing the donation before accepting, or disagreeing with the Company, its officers, influencers or any other party. 

By accessing the Platform you agree that you understand and accept the fee structure outlined in this Agreement and that all donations are final.

      1. 4.3.2.Alternative Remedies

Further information on the steps that the Company will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading “Remedies limited” in these Platform Terms of Use. For more information about obtaining refunds from third party suppliers, see the paragraphs headed “Refunds from suppliers” in these Platform Terms of Use.

      1. 4.3.3.Reallocating Funds 

If the intended charitable beneficiary is unreachable, you are not entitled to a refund. You accept that your donation will be reallocated in accordance with these terms and conditions.    

    1. General
      1. 4.4.1.Intended Recipient 

You accept that in donating through the Platform, you are merely recommending a Charity for the funds to be granted to. You accept that, where appropriate, such as in instances addressed in this Agreement, an alternative Charity may receive these funds in accordance with these Platform Terms of Use. 

      1. 4.4.2.Donor’s Obligations

As a Donor, you warrant and represent that: 

  • you have sufficient credit or funds available in order to make the donation; 
  • you are complying with the terms of this Platform Terms of Use and any Supplementary Agreements and the terms of the applicable Payment Processor; 
  • you have accepted the possible risk associated with donating, and will indemnify the Company if a cause for claim arises; 
  • your donation will not result in a breach of the laws applicable to you; and 
  • you understand that refunds are not available.
      1. 4.4.3.Large Donation Policy

For the purposes of the present clause, a large donation is considered to be one of over [$500]. In such cases, we may but are not required to take additional steps to verify your payment and you authorise us to contact payment providers to obtain further information about you and your donation. You agree that any large donation is not refundable and represents your irrevocable intention to donate money to charitable causes. We do not guarantee that a large donation will receive any greater opportunity or reference within the platform.

      1. 4.4.4.Currency

You accept that, unless stated otherwise, all donations and other amounts referenced on the Platform are in Australian Dollars (AUD). Any fees required to convert any amount into Australian Dollars will be charged by payment providers and is your responsibility and may not be recovered against us.

      1. 4.4.5.Security

While our Platform hosting providers employ secure technology for transactions with our Users, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a User whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your donation will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your donation will be cancelled and, if your payment has been received, it will be refunded back to you.

Prohibited Conduct

YOU MUST NOT:

  1. use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Platform;
  2. engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  3. use this Platform to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  4. use this Platform to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  5. use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Platform;
  6. use this Platform by any automated means;
  7. use this Platform to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding technique, or mass distribution of unsolicited email; 
  8. access, retrieve or index any portion of this Platform for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  9. interfere with the display of any advertisements appearing on or in connection with this Platform;
  10. reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Platform;
  11. reproduce, duplicate, copy or store any of the material appearing on this Platform other than for your own personal and non-commercial use;
  12. falsely imply that any other website, app or company is associated with this Platform;
  13. do anything that leads, or may lead, to a decrease in the value of the Company’s intellectual property rights in this Platform;
  14. promote any competition, contest, event, or any similar activity without the written consent of the Company, with the exception of those relating to Fund My Challenge or the specific Challenge beneficiary; 
  15. intentionally, unnecessarily, vexatiously and/or inappropriately use the reporting function provided; 
  16. share your sensitive private information through the Platform, including your government identification numbers, passport, personal contact information and/or addresses, online login usernames and passwords, or sensitive financial or medical information; 
  17. engage in any activity or behaviour that you reasonably consider may cause you harm or injury, be outside the scope of your physical capabilities, or result in your injury or death; 
  18. use or exploit any of the material appearing on this Platform for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Platform;
  19. release to the public any news, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company’s prior written consent; 
  20. engage in any dangerous or illicit drinking behaviours. This may include, but is not limited to, driving or operating a vehicle under the influence of alcohol, providing alcoholic beverages to a minor (subject to the secondary supply laws of your state or country), or drinking in a location or while undertaking an activity whereby a non-intoxicated individual would reasonably apprehend harm. You must comply with all relevant local, state and federal regulations when alcohol is involved in your use of the Platform, and drink responsibly. You must not encourage others to drink irresponsibly; or
  1. use this Platform to transmit, through establishing, commenting on, participating in, or otherwise contributing to a Challenge, through making a profile which contains, or through engaging in any other conduct on the Platform, any information or material that is, or may reasonably be considered to be:
  1. abusive, threatening, discriminatory, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  2. involving or promoting the use of pharmaceutical grade or illicit drugs, substances, or narcotics, or drug paraphernalia;
  3. involving weapons or related items, gambling, criminal activities or organisations, bribes, ransoms, or similar; 
  4. a pyramid or Ponzi scheme, multi-level-marketing, “get-rich-quick” schemes, frauds, scams or other financial malpractices;
  5. depicting, normalising, glamourising, promoting, glorifying or otherwise encouraging mental health disorders, including suicide, self-harm, eating disorders, depression or similar (this does not include awareness and support for mental health);
  6. causing, harm, pain, suffering, or anything similar to animals;
  7. medical advice, including for the provision of weight loss, pregnancy, alternative medicine, vaccination or similar, where the advice is not given by a licensed medical professional;
  8. the incitement of violence, violent extremism, or hate speech;
  9. sexual exploitation of children or adults, human trafficking, or abuse in any form;
  10. libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  11. infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  12. inappropriately depicting, violating the privacy of, or without the consent of an involved minor (including your children, siblings, other family members, friends or strangers);
  13. in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  14. in breach of any person’s privacy or publicity rights;
  15. a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  16. in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  17. (xvii)containing any political campaigning material, advertisements or solicitations; 
  18. (xviii)likely to bring the Company or any of its staff into disrepute; 
  19. encourages, persuades, or requires other User’s to violate these Platform Terms of Use; or 
  20. any other activity, behaviour or conduct that the Company deems, in our sole discretion, to be unacceptable.