Terms of Use

Version number: 1.12

Last modified: 11th October 2015

 

Welcome to Givematcher. We hope you enjoy your visit.

This website is provided by Givematcher Australia Pty Ltd as trustee for both Givematcher Public Fund and Givematcher Charitable Fund, hereinafter referred to as “Givematcher”, “we”, “our” and “us” in these Terms of Use.  The term “you” refers to the user or viewer of the site.

These Terms of Use which, together with our Privacy Policy, apply to your use of the Givematcher website and other websites, mobile sites, applications and services made available by us (“the site”).  Your use of the site is deemed to be your conclusive acceptance of the Terms of Use.

Privacy
You may use this website without disclosing your identity. However, this website may use devices to collect anonymous traffic data from users. Our Internet server may also automatically record details about any computer used to access this website including the IP address, domain name and browser type, the date and time of access, and details of information downloaded. We use this information for internal purposes and to improve this website.  Any other information supplied to us, including personal information supplied to us voluntarily on this website, is treated in accordance with our Privacy Policy available elsewhere on this website.

Cookies
Cookies are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the website to your needs. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. But you should note that cookies may be necessary to provide you with some features of our on-line services.

No endorsement of the Matching Entity, Charity or Fundraiser
The presence of a Matching Entity, Charity or Fundraiser on the site does not indicate an endorsement by Givematcher of the Matching Entity, Charity or Fundraiser or the content and opinions incorporated in the Matching Entity’s, Charity's or Fundraiser's pages.

User Conduct

You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way;
You must not use the site to send junk or spam email;
You must not use the site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter;
You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other websites;
You must not attempt to bypass the network firewall;
You must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;
You must not use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, and injection of computer viruses and intentional invasion of privacy.

Refund Policy
Your decision to donate through Givematcher is appreciated.  As with any on-line charitable contribution, donations made to us cannot be cancelled or returned once they have been completed.

Of course, should an error be made by us, full refunds will be made immediately upon notification of the error and all costs be borne by us.

Credit Card Details
We utilise a NAB API for our merchant facility.  We do not store your credit card details.  If you have set up a recurring donation, your credit card details are stored by NAB.  NAB's PCI compliant solution provides enhanced security.  However, we provide no warranty as to its safety or security.

Unauthorised Use of Credit Cards
You agree not to use an invalid or unauthorised credit card.  Any donations made through the site using a credit card are final.  If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution.

Charity and Matching Entity selections
Some charities have similar names.  Some Matching Entities have similar names. It is your responsibility to ensure that your selections from the site are your intended selections.

Use of Funds by Charities
Givematcher makes no representation or warranties in relation to the appropriate use by charities of funds raised by use of the site or the services provided. 

Charities make no representations or warranties in relation to the specific use of funds raised except in circumstances where the charity has expressly stated that funds raised will be applied to a particular campaign, project or appeal.

Receipts

Givematcher receives your donations.  We then donate these directly to the charities. We are fully licensed by both the federal government and each state and territory government to be able to do this. 

In practice all donations that are requested to be directed to a charity are donated to that charity, however in order to comply with federal laws, Givematcher must technically have the final say as to where the funds are donated. 

Charities receive a full record of donations directed towards them in order for them to ensure they receive all the donations that donors advised they wished to be directed to their charity

Matching Donations
You acknowledge that while Givematcher encourages Matching Entities to honour their intention to match donations, it is not legally able to compel a Matching Entity to match donations, and is therefore unable to guarantee that Matching Donations are given by Matching Entities.

Givematcher may at its own discretion remove a Matching Entity from the website for reasons including but not limited to non-payment of Matching Donations.

If you have set up a recurring donation, it is possible that the Matching Donation associated with your Donation may be varied or removed.  This can happen for a variety of reasons, including but not limited to the Matching Entity changing its matching parameters (such as matching percentage, budget or maximum single donation matched).  When this occurs you will be notified, and can edit/cancel any recurring donations if you choose.

When a campaign which you have set up a recurring donation to ends, your recurring donation will automatically be switched to the Charity’s General Fund.

Peer to Peer Fundraising

It is your responsibility to check that you are directing people to donate to the Charity and cause that you intend. 

You warrant that all information provided by you to Givematcher Public Fund or Givematcher Charitable Fund and included on the Website:

(i)         is true and correct;

(ii)        is not misleading or deceptive, defamatory or obscene;

(iii)       does not contain any instructions which if implemented might cause damage or injury to any person or property;

(iv)       does not infringe a third party’s intellectual property rights; and 

(v)        may be lawfully published by Givematcher Public Fund or Givematcher Charitable Fund; and

You acknowledge that Givematcher Public Fund or Givematcher Charitable Fund may amend or remove any information on the Website if it considers that any of the information is inappropriate, in its sole discretion

Service fee
We charge no commission to small / medium charities and 3.4% from the donation amount to large charities using us as their preferred platform. We charge a 1.5% credit card fee. This makes us the lowest cost online fundraising portal in Australia.  Charities are not charged any annual fees.  Matching donations from Matching Entities are not charged any fees.

In the event that Givematcher varies its fees in the future, it will give prior notice to users of the new fees.

Currency
All donations are in Australian Dollars.

GST
Donations are not subject to GST.

Protecting your password
Upon registration with Givematcher, you will be invited to create a password to protect your personal account.  It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party.  If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately.

Age Restriction
Users must be 16 years or older.  It is a condition of use of the site that no person under the age of 16 years is to use this site to donate.  People under the age of 16 years can donate though a family member’s or guardian’s account with their direct supervision however must not operate their own account.

If you have any concerns whatsoever about a child’s use of our services, please notify us immediately.

Tax Deductibility
Donations directed to a charity marked as “Deductible Gift Recipient” will be received by Givematcher Public Fund.  You will receive a tax deductible receipt from Givematcher Public Fund for these donations.

Donations directed to a charity not marked as “Deductible Gift Recipient” will be received by Givematcher Charitable Fund.  You will receive a non tax deductible receipt from Givematcher Charitable Fund for these donations.

Intellectual Property: General
Givematcher includes services and content which are the intellectual property of Givematcher and our content and service providers. You may use our content by downloading and storing limited copies for your personal use only. You may not otherwise reproduce or redistribute or use our content or services in any way unless you have our express written permission.

Trademarks
The trademarks of our service and content providers belong to them. Nothing contained on the site should be construed as granting any licence or right of use of any trademark displayed on the site. Use of all trademarks displayed on the site requires the express permission of the relevant trademark owner.

Service Changes
We reserve the right to change, suspend or discontinue any content or services included in or accessible via the site without any notice and without any liability to you.

Links
For the convenience of our users the site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard.

Disclaimer and Limitations of Liability
Your use of the site is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law Givematcher, its subsidiaries and affiliates, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in these Terms of Use. Without limiting the forgoing we do not warrant that our content is accurate or reliable. Nor do we warrant that our services will be timely, uninterrupted free from viruses or error free or that any errors or defects will be corrected.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited at our option to:

·  Resupplying those or equivalent services or

·  Paying the cost of having the services supplied again.

In no circumstances are we liable for any indirect or consequential losses or damages arising in respect of your use of the site.

Security
The Internet is not a secure medium and communications to and from the website may be intercepted or altered. We do not warrant that the website is free from anything that may damage any computer or data on a computer that is used to access the website.

Indemnity
We rely on you to use the site responsibly and to observe these Terms of Use. If Givematcher suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify us for any loss, damage or costs.

Breach of Terms of Use
In the event of your failure to comply with these Terms of Use, we reserve the right to immediately suspend your access to any or all parts of the site and the services provided without notice and without reference to you.

Validity and Satisfaction of Terms
Givematcher accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond Givematcher’s reasonable control.  If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

Modification of these Terms of Use

We reserve the right, at our discretion, to modify or remove portions of our Terms of Use at any time and such modification shall be effective immediately upon web posting of the modified Terms of Use. Your continued use of the site shall be deemed to be your conclusive acceptance of the modified Terms of Use.

Governing Law
These Terms of Use and any issues arising under these Terms of Use will be dealt with under the laws of New South Wales, Australia.

Problems or questions
If you have any queries relating to these Terms of Use, or you have a problem or complaint, please contact us using the “Contact Us” page.