These Terms and Conditions apply to all projects, events and challenges listed on the Fund Landcare platform.
Introduction and acceptance of terms
1. Welcome to Landcare Australia’s ‘Fund Landcare’ fundraising platform. This website is owned and operated by Landcare Australia Limited ABN 63 008656 513 of Level 3, 6 Help Street, Chatswood NSW 2067 (Landcare Australia, Landcare, We Us). The use of this website, and all services and online tools (the ‘Fund Landcare’ platform) that Landcare Australia makes available to donors, registrants and other users of the Landcare 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.
4. The Fund Landcare Fundraising Platform is an online fundraising facility. Fund Landcare acts as an agent for Landcare groups, peak bodies and associations. Landcare Australia 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, Landcare Australia accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
5. Every Landcare group, peak body and association agrees to the vision and mission of Landcare Australia and they authorise Us to collect donations on its behalf.
6. Landcare Australia 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.
Landcare Australia fees
7. Landcare Australia charges a small administration fee of 5% for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary, or Organisation.
8. The administration fee will be used to support the development of the Fund Landcare platform for the future.
9. Landcare Australia may provide 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
10. 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 (monthly) payments
11. 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 three working days’ prior to a scheduled payment and the request must be emailed to firstname.lastname@example.org
12. Landcare Australia will take a 5% administration fee for each monthly payment.
13. To cancel your Regular Giving payments, the User must email email@example.com or calling 1800 150 105. Cancelations could take up to 5 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by Landcare Australia. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please call 1800 150 105 immediately.
15. You must keep Your personal login information safe, private and secure at all times.
a. Not allowing any other person to use their login information or hold themselves out as You:
b. Not disclosing, or allowing a copy to be discovered of the login information of the User; and
c. 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
16. Landcare Australia accepts no liability for acts carried out by any person using Your personal login information, and You indemnify Landcare Australia from any costs, expenses or damages paid or payable by Landcare Australia in connection with your breach of clause 15.
Personal fundraising pages
17. Users who have registered with Landcare Australia 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.
18. Where a registered User builds a personal fundraising page on the Fund Landcare platform in favour of a Beneficiary, the Beneficiary must be first registered on the Platform and also on the Landcare directory.
19. Landcare Australia reserves the right to delete, close or suspend a Personal Page, a Project and/or Event at its discretion. Also if a Beneficiary or Event Organiser gives Landcare Australia written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, Landcare Australia will use its discretion to take appropriate action.
20. Where a User builds a Personal Page on the Fund Landcare 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:
a. Infringe the intellectual property rights (including copyright) of any third party.
b. Detrimentally affect the brand or reputation of Landcare Australia, any Beneficiary or any affiliates or partners of Landcare Australia.
c. Be misleading or deceptive as to the nature, type, service or benefits of the Content;
d. Be misleading as to that User’s identity, or affiliation with any person or group
e. Contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
f. Encourage, counsel, incite, or suggest any discriminatory, criminal or other unlawful acts or
g. Contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
21. In addition, You must not use the Platform to:
a. Send junk mail, sms or spam to people who do not wish to receive email from You;
b. Conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
c. 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 Landcare Australia systems;
d. Provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
22. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
23. Landcare Australia 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 and Conditions or that the User considers otherwise offensive or unlawful, the User should contact Landcare Australia at firstname.lastname@example.org
24. 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:
a. Use the Content for the purposes of the Personal Page; and
b. To grant the licence comprised in clause 25, and the user indemnifies Landcare Australia from any costs, expenses, claims or damages paid or payable by Landcare Australia in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
25. The User grants to Landcare Australia 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.
26. The User acknowledges and agrees that upon receipt and notice of any claim under this section, Landcare Australia 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
27. 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.
Termination of Use
28. Landcare Australia 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, Landcare Australia may terminate the use of the Platform by a User if:
a. 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’
b. Conduct in using the Platform;
c. You breach these Terms and Conditions, whether the breach is material or otherwise;
d. If We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
29. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
a. 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
b. Any application or right to apply for registration of any of the rights referred to in paragraph (a).
30. Landcare Australia owns or has the rights to use all Intellectual Property Rights comprised in the Platform. A User must not:
a. Assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
b. 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.
31. No use of Content on the Platform is permitted without the prior written consent of Landcare Australia, and where applicable, the licensor to Landcare Australia of the applicable rights.
32. Landcare Australia 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 Landcare Australia 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 Landcare Australia or be found in these Terms or in the relationship between Landcare Australia and Users and all such representations and warranties that may be excluded at law are excluded.
Limitations of liability and indemnity by User
33. Landcare Australia will not be liable for direct, indirect, 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:
a. The use of the Platform by a User
b. The representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
34. The User indemnifies and holds Landcare Australia, its affiliates, officers, employees and agents harmless from any liabilities, claims expenses or demands, including legal fees and costs made by any third part due to or arising out of or in connection with: the use or misuse of the Platform by the User;
a. Content uploaded by the User
b. The breach by the User of these Terms; or
c. Any liability arising out of the use of a User’s account.
35. A party notifying or giving notice to Landcare Australia under these Terms must do do by notice:
a. In writing;
b. Addressed to Landcare Australia at the address set out at the beginning of these Terms and Conditions; and
c. Left at or sent by prepaid post or email to that address
36. A notice given in accordance with clause 35 above, will be deemed received on that date of deliver, if left at the recipient’s address:
a. Five days after the date of posting if sent by prepaid post and
b. 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).
37. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.
39. 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.
40. All prices are in Australian Dollars.