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Volunteer Registration

Please complete the information below. Note that fields marked with an asterisk (*) are mandatory.
  • Position Information

    Please select the volunteer positions you would like to apply for. (You can select more than one)
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  • Terms & Conditions of Big Canberra Bike Ride 2017

    Terms & Conditions of Registration

    Big Canberra Bike Ride 2017

    Please read the following Terms and Conditions of Registration and Event Rules carefully before completing your registration for the Amy’s Big Canberra Bike Ride (the BCBR).  These Terms and Conditions and Event Rules apply to all participants (as a rider or otherwise) in the BCBR, and in the case of a participant under the age of 18, the parent or legal guardian of the participant.

    In consideration of my participation in the BCBR, by selecting the “I accept the terms and conditions above & I have read the Collection Policy before providing my personal information” button, you agree on behalf of yourself and any child to be bound by these Terms and Conditions.

    1.         These Terms and Conditions of entry are designed to enable the BCBR to run smoothly and safely. By applying to participate in the BCBR, the Rider accepts, agrees to and is bound by these Terms and Conditions of entry.

    2.         The Rider agrees to abide by and be bound by the Event Rules (see below).

    Entry requirements

    3.         The Rider accepts these Terms and Conditions of Entry.

    4.         The Rider may enter on-line by completing the necessary entry form, providing the necessary information and paying the appropriate registration fee.

    5.         If the Rider is under the age of 18 on the day of the BCBR, a Parent or Guardian of the Rider must accept the conditions of entry on behalf of the Rider.

    6.         The Rider may elect to take part in the BCBR 120 km course, the 68 km course, the 35 km course or the 5 km course.

    7.         For the long courses, 120 km or 68 km, the Rider must be 13 years or older on the day of the BCBR to participate in the BCBR. Pedal Power ACT may grant an exception for very competent riders (after application to Pedal Power ACT by the parent or guardian of the Rider).

    8.         Pedal Power ACT may, in its absolute discretion and without giving reasons for its decision, accept or refuse any Rider’s application for entry.

    Modes of transport in BCBR

    9.         A Rider may only ride a human-powered cycle that is legally permitted on ACT roads. That includes two-wheelers, recumbents, tandems, tricycles, unicycles, kick bikes, three wheeled racing wheelchairs (for riders with disabilities), etc. The Rider may ride an electric power-assisted pedal-cycle (pedalec) that is legally classified as a pedal-cycle on ACT roads.

    10.       Private support vehicles are not permitted on the BCBR courses during the BCBR. 

    11.       The Rider will comply with road rules and use common sense.

    12.       During the BCBR, the Rider will comply with all traffic and road laws, all directions issued by Police and all instructions given by Pedal Power ACT or any employees, volunteers or officials representing Pedal Power ACT at the BCBR. Failure to do so may result in removal from the BCBR.

    13.       The Rider must wear an undamaged Australian Standard approved cycling helmet at all times during the BCBR while riding a bicycle. All helmets will be checked prior to the BCBR at event registration and the Rider will not be permitted to participate in the BCBR unless his/her helmet is approved by Pedal Power ACT.

    14.       The Rider when in the BCBR will ride and otherwise behave in a safe and responsible manner and use common sense at all times.

    15.       The Rider when in the BCBR will exercise caution on all public roads and other thoroughfares and ride defensively and courteously.

    Preparation, training, health and safety

    16.       The Rider is responsible for ensuring that he/she is adequately and appropriately prepared, both physically and mentally, for the BCBR. If the Rider has any health issues or doubts prior to the BCBR, he/she should immediately seek appropriate medical advice.

    17.       If the Rider becomes ill or injured during the BCBR, Pedal Power ACT will endeavour to arrange medical transport, usually in an ambulance. Any medical transport will be at the Rider’s expense. (Pedal Power ACT recommends that Riders hold current ambulance service membership and/or health insurance to cover such costs. A valid Pedal Power ACT membership includes public liability and personal accident insurance.)

    18.       It is the Rider’s responsibility to ensure his or her bike is in good working condition prior to taking part in the BCBR.

    Closing dates for entries

    19.       Online entries close on the date given in BCBR website.

    20.       On-day entries are accepted at the start of BCBR as given in BCBR website.

    Change ride, transfer entry or cancel entry

    21.       The Rider may change ride options after registering by advising Pedal Power ACT and paying the difference in the entry fees between the original rides registered for and for the new ride plus an administration fee.

    22.       The Rider may transfer his or her entry to another person provided Pedal Power ACT is advised at least one week before the event date and the other person completes an entry form and submits it to Pedal Power ACT and pays an administration fee.

    23.       General refund rules are:

    ·         75% refund if cancellation occurs before 12/02/2017

    ·         50% refund if cancellation occurs after 13/02/2017 but before 26/02/2017

    ·         No refund if cancellation occurs after 26/02/2017

    Contact Pedal Power ACT if a refund is sought.

    Communications

    24.       Communications in relation to BCBR will principally be via email. The Rider will be asked to provide a valid email address during the registration process. If the Rider does not have access to an email address, the Rider should make every effort to read the BCBR website which will be updated as necessary until the date of BCBR.

    25.       It is the Rider’s responsibility to check the BCBR Website regularly before the BCBR and read all information that is made available on the BCBR website, in emails, newsletters and all other literature concerning the BCBR.

    Variations to BCBR Event

    26.       Pedal Power ACT reserves the right, in its absolute discretion, to:

    ·         refuse to allow the Rider to participate in the BCBR or to remove the Rider from the BCBR for breach of these terms and conditions or for any other reason that it considers appropriate in its absolute discretion;

    ·         change or vary the route of any of the BCBR rides without notice (such change or variation is only likely to occur when fire, flood, road damage or other causes hinder access to the proposed route);

    ·         cancel, postpone, reschedule or change the time or place for the BCBR or any of the BCBR courses for any reason and at any time prior to the commencement of the BCBR. 

    27.       Pedal Power ACT is not responsible for or liable to the Rider for any loss, damage, cost or expense, whether direct, indirect, consequential or otherwise and howsoever or wheresoever incurred by the Rider resulting from any action taken by Pedal Power ACT.

    Privacy and photography

    28.       Pedal Power ACT collects, uses, discloses and otherwise handles the Rider’s personal information in accordance with the terms of its Privacy Policy Statement available on the Big Canberra Bike Ride web site. All such information remains the property of Pedal Power ACT.

    29.       The Rider consents to their personal information being shared with the Amy Gillett Foundation for online registration and fundraising only.

    30.       The Rider acknowledges and agrees that he/she may be photographed or filmed during the BCBR and consents to Pedal Power ACT using the Rider’s picture and likeness contained in any photographs or film for publicising the BCBR and for promoting any future ride or event to be staged by Pedal Power ACT or for other purposes by Pedal Power ACT.

    Limited liability

    31.       The BCBR is an outdoor event and will proceed notwithstanding poor weather conditions on the day of the BCBR Event. Pedal Power ACT is not liable to the Rider for any loss, damage, cost or expense of any kind including, but not limited to, refund of entry fees, in the event of poor weather before or during the BCBR.

    32.       Pedal Power ACT is not liable to any rider for any loss, damage, cost or expense of any kind, including but not limited to, the refund of the entry fee, including when the rider is denied access to or is removed from the BCBR Event for any reason.

    Event organiser

    33.       ‘Pedal Power ACT’ means Pedal Power ACT Incorporated ABN 98 440 716 821 and includes where appropriate Pedal Power ACT employees, agents, contractors, officials and volunteers.

    Acknowledgment and acceptance of conditions of entry

    34.       It is a condition of Pedal Power ACT allowing the Rider to participate in BCBR that the Rider agrees to and accepts the following terms and conditions:

    ·         I accept these terms and conditions of entry and have read in full the conditions of entry and insurance guidance and I, and any child of mine who is participating, will comply with the Event Rules set out below.

    ·         I understand that cycling can be a dangerous activity, particularly in traffic or among pedestrians.

    ·         I accept that when riding I am at risk and may suffer or cause injury or property loss or damage. I will take care to avoid injury or damage to others and myself.

    ·         I confirm that I and any children in my care have sufficient competence and experience to participate safely in the BCBR.

    ·         I accept that the liability of Pedal Power ACT is limited as set out in these terms and conditions.

    ·         I waive, to the extent permitted by law, any claim, right or cause of action which I personally, and each child in my care, and my heirs, executors and administrators and those of each child in my care, may have in contract and civil wrongs law, arising from any personal injury, damage or loss arising out of the ride

    ·         I accept that this release from liability operates in contract law in favour of Pedal Power ACT, and all officers, members, volunteers and employees of Pedal Power ACT and all sponsors of the ride or event and operates whether the damage is due to any act or neglect of any of them

    ·         I understand that I should have my own personal liability insurance and accident cover and that current financial members of Pedal Power ACT are covered by Pedal Power ACT’s third party legal liability and personal accident insurance policy as outlined in the insurance guidance

     

    35.       If the Rider is under 16 years old, an adult must accompany him or her throughout the ride, unless otherwise agreed in writing by Pedal Power ACT.

    36.       If the Rider is under 18 years old, a parent or guardian must accept the conditions of entry by clicking ‘I accept the terms and conditions of entry’ and paying with their credit card.

    The Rider’s Signature or parent’s/guardian/s if Rider under 18 years of age:

     

     

     

    X_________________________________________

     

     

    Event Rules

    In conjunction with the Terms and Conditions of entry for the BCBR, the following rules apply and will be enforced and the following information is provided to ensure the event runs smoothly and the experience for every participant is positive.

    The event rules for the BCBR 2017 Event are:

    ·         Every individual must register (including the second rider on a tandem).

    ·         Every individual must have a helmet that meets Australian standards, and be able to show the certified product sticker on their helmet when collecting registration packs.

    ·         It is the rider’s responsibility to be self-sufficient when participating in the BCBR Event. A rider is expected to be capable of performing a basic repair and having sufficient water and nutrition to complete their chosen distance. As a form of additional support – water and nutrition will be available at checkpoints by event organisers, and support vehicles will be on the course to assist with repairs.

    ·         This is a supported event. The support offered on the day will be:

    ·         Water and nutrition at checkpoints

    ·         Support vehicles patrolling the courses (no private support vehicles are permitted)

    ·         Ambulance/first aid on stand-by

    ·         Emergency telephone number to event organisers (provided in rider pack)

    ·         Courses signed to provide direction

    ·         Toilets are stationed at strategic locations

    ·         A rider is allowed to wear what they feel most comfortable in to participate in their chosen distance, provided they have a helmet that meets Australian standards.

    ·         Self-awareness is strongly encouraged while participating in the BCBR Event. Things to be aware of in particular when cycling include:

    ·         Taking care and slowing down when descending

    ·         Listening to warnings from Road Marshals

    ·         Keeping left while cycling, and passing other competitors on their right when safe to do so

    ·         Communicating with other cyclists

    ·         Mobile phones are permitted (in case of an emergency to contact event organisers) however coverage is limited on some sections of the course. If in an emergency situation and coverage is not available, send a message to the next checkpoint with another rider. Alternatively, turn your bike upside down on the side of the road so a roaming patrol vehicle knows you need assistance.

    ·         A rider can transfer their registration to another participant in accordance with the terms and conditions.

    ·         Full refunds on a cancellation are considered on a case by case basis. See the terms & conditions for details.

    ·         TBC – Rider packs are to be collected on Saturday 4 March or Sunday 5 March. Other details will be confirmed at a later date to registrants. The rider pack includes: course distance swatch, rider instructions, route map/directions (in case the rider becomes lost) and sponsor provided vouchers/items. It is important you bring your helmet with you to pick up your rider pack. For safety reasons, you cannot be given your pack until your helmet has been sighted with the Aust Safety Standard Sticker. Participants are also required to ensure they are familiar with, and accept, the BCBR 2017 event terms & conditions upon registering for the event.

     

     

     

    ________________________

    Terms and Conditions

    These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

    Introduction and acceptance of terms

    1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
    2. These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
    3. By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

    New Zealand Users and NZ Non-Profit Organisations

    1. If You have accessed this website from New Zealand, and/or:
      1. wish to donate to a New Zealand Non-Profit organisation with Registered Charitable Status or Donee Tax Status, the Terms governing Your use of the Platform are here.
      2. you are a Non-Profit Organisation and wish to use the GoFundraise Platform for fundraising, then the Terms for New Zealand will govern Your use of the Platform, and You must also agree to additional terms here.

    Overview

    1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
    2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
    3. Despite clause 5, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

    GoFundraise fees

    1. GoFundraise charges a small service fee of between 3.95% - 6% (depending on the plan of the Beneficiary) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary, or Organisation. Regular giving payments are charged at 3.95% +GST to the Beneficiary.
    2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt) . These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
    3. An example of the way this fee structure works is as follows:

      Total Donation $30.00
      Administration fee of 6% $1.80
      GST @ 10% $0.18
      Credit card processing fee 1.1% $0.33
      Credit card fee per transaction $0.20
      Total fees $2.51
      Donation to charity $27.49
      Charity Reclaim GST $0.18
      Total Net Amount To Charity $27.67
    4. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

    Credit card payments

    1. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

    Regular Giving payments

    1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $2.00 AUD.
    2. To cancel a Regular Giving payments the User must email support or calling 1300 889 272 or + 61 29326 9877. Cancelations take up to 7 working days to take effect.

      Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled.

      It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please call 1300 889 272 or + 61 29326 9877 immediately.

      All receipts will be generated and emailed to you on the day your regular payment is made and are available for download under the Users My Donation and Purchases area.

    Ticket Sales and Raffles

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

    User registration

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

    Passwords

    1. You must keep Your personal login information safe, private and secure at all times. This extends to:
      1. not allowing any other person to use their login information or hold themselves out as You;
      2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
      3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

    Indemnity for misuse of Your login information

    1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 18.

    Personal fundraising pages

    1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform.
    2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
    3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
    4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
      1. infringe the intellectual property rights (including copyright) of any third party.
      2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
      3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
      4. be misleading as to that User’s identity or affiliation with any person or group
      5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
      6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
      7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
    5. In addition, You must not use the Platform to:
      1. send junk email, sms or spam to people who do not wish to receive email from You;
      2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
      3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
      4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
    6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
    7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at support

    User IP

    1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
      1. use the Content for the purposes of the Personal Page; and
      2. to grant the licence comprised in clause 24,
      and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
    2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
    3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

    Authorisation to Fundraise

    1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 30 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

    Fundraising face-to-face

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

    Code of Conduct & Fundraising Guidelines

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

    Termination of Use

    1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
      1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
      2. conduct in using the Website;
      3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
      4. if We deem Your behaviour to be unacceptable (as solely determined by us).

    Intellectual Property Rights

    1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
      1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
      2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
    2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
      1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
      2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
    3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

    No warranties

    1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

    Limitation of liability and indemnity by User

    1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
      1. the use of the Platform by a User;
      2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
      3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
    2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
      1. the use or misuse of the Platform by the User;
      2. Content uploaded by the User;
      3. the breach by the User of these Terms; or
      4. any liability arising out of the use of a User’s account.

    Notices

    1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
      1. in writing;
      2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
      3. left at or sent by prepaid post, facsimile or email to that address.
    2. A notice given in accordance with clause 33 above, will be deemed received:
      1. on the date of delivery, if left at the recipient’s address;
      2. Five days after the date of posting if sent by prepaid post; and
      3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
      4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

    Jurisdiction

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

    Survival

    1. Clauses 15, 23, 24, 28, 29, 30, 31 and 32 survive termination or expiry of these Terms as between GoFundraise and the User.

    General

    1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
    2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.