Welcome to Crazyfundraisers, a website owned and operated by mycharitycause Pty Ltd ABN 86 127 943 766 (“Crazyfundraisers”). This website is located at http://www.crazyfundraisers.com.au ("Website").

1.1                   By accessing, using, submitting information to or downloading material from the Website you agree to follow and be bound by these Terms of Use which constitutes a legal contract. These Terms of Use are binding on you immediately. These Terms of Use apply to you whether you are browsing or are a registered user or member of the Website and no matter what your class, level or status of member registration. References to users in these Terms of Use must be read as being also a reference to registered users or members.

1.2                   If you do not agree with these Terms of Use, do not access, use, submit information to or download from this Website. These Terms of Use may change without notice, so do check them from time to time.

1.3                   Specific Website areas, sections, communities, and discussion groups may also have additional guidelines which govern your use, you must comply with them in addition to these Terms of Use. By participating in a user-created area, you agree to be bound to the rules of that area.

2.1                   Crazyfundraisers hereby grants you a limited, personal, non-commercial, non-exclusive, non-transferable, free of charge licence to use the Website. These Terms of Use are revocable at any time without notice and with or without cause. These Terms of Use are also subject to your warranty that your personal details provided to Crazyfundraisers are true and correct, including your name, email address, and gender.

2.3                   Your use of the Website, its components and content must not breach these Terms of Use, Crazyfundraisers’s statements on pages of the Website, and any agreement on the Website to which you become a party.

2.4                   All other use is unauthorised and strictly prohibited and will terminate any registration and access rights granted. In particular you may not:

(a)                   harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails, spam or other unsolicited communications;

(c)                   solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or

(d)                   use automated scripts to collect information from or otherwise interact with the Website.

3.1                   It is your responsibility to ensure, prior to commencing a fundraising activity on behalf of a recipient organisation, that the organisation in question has no objection to the nature of the proposed activity

3.2                   Crazyfundraisers makes no representation or warranty as to the suitability and/or appropriateness of any fundraising activity

3.3                   Crazyfundraisers expressly reserves the right to suspend a fundraising page in the event that the recipient organisation, in its sole discretion, deems the fundraising activity unsuitable or inappropriate

4.1                   It is your responsibility to ensure, that in undertaking an event you acquire insurance where insurance is required for undertaking an event.

4.2                   Crazyfundraisers is not responsible or liable for any injuries, cost or expenses incurred while undertaking an event or fundraising activity. Crazyfundraisers do not organise fundraising events and as such you are responsible for any event you participate in.

5.1                   Payout of donations collected will be performed on the completion of a fundraiser.

5.2                   The payment of funds to an individual fundraising will be made within 7 business days of the time the fundraiser is completed

5.3                   A fundraiser is deemed completed when you the individual fundraising modifies the status of your fundraiser to closed.

6.1                   Before passing on donations to participating charities and volunteer and community organisations, Crazyfundraisers deducts fees, which among other things support the operation of this Website. The fees deducted are illustrated below using the example of a $100 donation.

6.2                   Fees for charitable fundraising. Fundraising for organisations registered as a charity.

Gross donation                                                                                  $100.00

Less transaction fee to Crazyfundraisers

(currently 5.75% of gross donation)                                                $5.75

Less GST (currently 10%)                                                               $0.50

Less Paypal* fee (current maximum rate is 2.4%)                         $2.40

Net donation                                                                                         $91.35

 

6.3                   Fees for Non charitable fundraising. Fundraising where collections are not for a registered charity.

Gross donation                                                                                  $100.00

Less transaction fee to Crazyfundraisers

(currently 10% of gross donation)                                                      $10

Less GST (currently 10%)                                                               $1.00

Less Paypal* fee (current maximum rate is 2.4%)                         $2.40

Net donation                                                                                         $86.60

6.4                   * Paypal’s (www.paypal.com) rates vary, currently from 1.1% to 2.4%. Where credit card and bank fees apply they are also deducted from donations, currently at the rate of 1.1% of the gross donation.

6.5                   All donors receive an email indicating receipt of their donation and providing a receipt.

6.6                   Crazyfundraisers will make no refunds of donations to donors, except due to any error on the part of Crazyfundraisers or its breach of these Terms of Use.

The Website has or may contain facilities which are designed for users to make or add comments, questions, answers, links, poll responses, forum submissions, posts and materials to the Website. The Website has or may also contain bulletin board services, chat areas, news groups, forums, communities, groups, personal web pages, calendars and other message or communication facilities.

Comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. Crazyfundraisers accepts no liability for comments, submissions, posts or material by users, whether registered users or otherwise.

Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to them or have received all necessary consents. However, you may make links (ie hypertext links).

It is a condition of your access to the Website, and in particular use of the Website forum (if any), that you must not make or add any comment, submission, post or material that is:

(a)                   in any way unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of the Website by others;

(b)                   defamatory or derogatory of other persons;

(c)                   infringing the rights of third parties, including but not limited to intellectual property rights of others or their moral rights (as defined in the Copyright Act 1968 (Cth));

(d)                   untrue, misleading or deceptive;

(e)                   discriminatory, offensive or capable of inciting violence or hatred;

(f)                     in breach of any applicable laws or regulations;

(g)                   contain persistent off the topic comments;

(h)                   contain commercial advertising; or

(i)                      a file or code containing a virus, trojan, malware or worm.

Crazyfundraisers may at its discretion (but it has no obligation to) review, filter, screen, modify, refuse or delete any comments, submissions, posts or material you make or add to the Website. Crazyfundraisers does not endorse, control or accept liability for user-generated content, messages or information.

Crazyfundraisers at times may be legally obligated to disclose details, information or other data as regards any submitted or posted materials to law enforcement agencies, intellectual property owners and others, including information relating to IP addresses. Crazyfundraisers may disclose such details as it is required or at its discretion.

If you register as a member or registered user of the Website, you agree that Crazyfundraisers may from time to time send communications to you, such as a enewsletter or confirmations regarding your activity in or submissions to the Website.

Registered users agree that they are responsible for the security and use of any user names or passwords needed to access or use the Website or any of the services on the Website. They must take all reasonable steps to ensure that their user names and passwords are kept confidential and secure. Registered users must not allow any third party or unauthorised person to access the Website or any of the services on the Website.

8.1                   The content of the Website and any newsletters, mail-outs or other materials associated with the Website is the property of Crazyfundraisers, unless noted otherwise.

8.2                   The Website and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted at the Website are reserved by Crazyfundraisers, unless noted otherwise.

9.2                   You irrevocably consent to all Crazyfundraisers’s acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that content. Specifically you consent to Crazyfundraisers’s, or others authorised by Crazyfundraisers, carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that content and combination of it with other material.

10.1               No endorsement, recommendation or approval of any third party or its products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to the Website.

10.3               Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Crazyfundraisers, and it is not responsible to you for the goods or services you buy on the third party website.

You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.

Crazyfundraisers may at its discretion refuse service, suspend or terminate any access or account you may seek or have for the Website. Crazyfundraisers may do so, for example but without limitation, if it believes you will breach or have breached these Terms of Use. This includes any access right you may have as a registered user.

You indemnify Crazyfundraisers from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to any comments, submissions, posts and materials made or added by you or authorised by you for the Website.

14.1               The Trade Practices Act 1974 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms of Use, the disclaimers and limitations specified in these Terms of Use only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.

14.2               Under these Terms of Use your use of the Website is at your risk. Crazyfundraisers is not liable to you or anyone else for any damage or loss in connection with use of the Website or any comment, submission, post or material on the Website. You should not act on the basis of anything contained in the Website without first obtaining any necessary or prudent professional advice. Crazyfundraisers is not responsible for any damage suffered from the direct or indirect use of the Website. This includes, but is not limited to: expenses and loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by the negligence, errors or omissions of Crazyfundraisers, its officers, employees and contractors, editors, moderators, consultants, and authors.

14.3               The disclaimers and recommendations in the preceding paragraph apply to all content on the Website’s web pages, PDFs and other files and documents. The disclaimers and recommendations in the preceding paragraph are not restricted by the detailed provisions below.

14.4               All care and diligence is taken to ensure the accuracy and currency of information. However, Crazyfundraisers, its officers, employees and contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website, make no representation and accept no responsibility for any error, omission, inaccuracy, misleading information or anything done or not done if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.

14.5               The Website and its content is therefore provided "as is", and to the full extent permitted by the law, without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.

14.6               Further, Crazyfundraisers, its officers, employees and contractors; editors, moderators, consultants, and authors with content on the Website; and the internet service provider hosting the Website, accept no liability for any direct, indirect, incidental, consequential, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on, via or involving the Website, whether in an action of contract, tort (including negligence), criminal law, property, trust, unjust enrichment or statutory law.

These Terms of Use are subject both to any agreement between you and Crazyfundraisers which expressly supersedes these Terms of Use, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.

If a provision, or part of it, of these Terms of Use is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Use will otherwise remain in full force.

These Terms of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Copyright © Crazyfundraisers.com 2008. All rights reserved.

Last updated: 4 April 2008