Terms & Conditions of Walk the plank

The Adventurers Terms and Conditions of Participation: 1. Fundraising I understand that the Adventurers require me to undertake fundraising activities for and on behalf of The Pirate Ship Foundation Limited. I acknowledge and agree that eligibility to take part in the Adventure is contingent upon me raising the minimum amount in donations, as outlined in the Adventure Brief. In relation to any fundraising activities that I conduct in relation to the Adventure (Fundraising Activities), I undertake that I will: (a) Obtain prior written approval for any by completing a Fundraising Registration form; (b) Comply with all directions given in conducting a Fundraising Activity(ies) and with any fundraising policy adopted from time to time; and (c) Comply with all laws in conducting fundraising activities and obtain any permits and authorisations that may be required. All publicity in relation to the Fundraising Activity should clearly state that the activity is being organised by the Participant and that The Adventurers is the beneficiary of the fundraising. The Participant must not represent themselves as having an agency relationship with The Adventurers. The Participant may not incur any expense in the name of The Adventurers in connection with the Fundraising Activity or otherwise. It is the Participant's responsibility to ensure that they have in place any insurance that is reasonably necessary or appropriate for any fundraising event that involves the general community or individual members of the public. 2. Cost I acknowledge and agree that I am responsible for all costs of my adventure, including but not limited to the organisation of my travel, payment of my travel expenses, including the cost of passports, taxes, visas and personal travel insurance. I understand that The Pirate Ship Foundation is not liable for and will not pay: (a) Travel expenses that I incur; (b) Medical or evacuation expenses that I incur; or (c) Any other costs 3. Insurance I acknowledge and agree that it is a condition of my participation in the Adventure that I am adequately insured for the full duration of the Adventure in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. I will ensure that my personal travel insurance covers all of the activities contemplated by the Adventure or in which I otherwise reasonably expect to participate. I understand that it is my responsibility to arrange this insurance. 4. Passports and Visas I acknowledge that it is my responsibility to ensure that I have valid passports, visas, re-entry permits and all other travel documents. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements will be the sole my responsibility. 5. Medical Disclosure I declare and warrant that I am in good health and mental and physical fitness at the time of signing these Terms and Conditions, and in any event of such level of fitness as is reasonably required for the purposes of the Adventure. I will disclose to The Adventurers every matter concerning my health and medical and physical fitness of which I am aware or ought reasonably be expected to know, that is relevant to The Adventurers' decision to permit me to participate in the Adventure. Immediately upon any adverse change in my health or fitness that would be reasonably likely to affect The Adventurers' decision to permit me to participate in the Adventure, I will notify The Adventurers. I acknowledge that the obligation to disclose under this condition continues from the time of signing these Terms beyond my departure on the Adventure and for the duration of the adventure. If I fail to comply with the duty of disclosure in this condition and if The Adventurers would not have permitted me to undertake or continue the Adventure had I made full disclosure under this condition, The Adventurers will not be liable, except to the minimum extent required by law, for personal injury, death or property damage or loss that I incur or cause. I acknowledge that it is my responsibility to be aware of any health requirements for my travel and to ensure that I carry all necessary vaccination documentation. 6. Acknowledgment of Risk I am aware that the Adventure requires me to travel to the destination(s) associated with the Adventure as mentioned on The Adventurers Website and participate in all activities associated with the Adventure as described on The Adventurers website. I acknowledge that: (a) There are dangers and risks inherent in travelling , including but not limited to the risk of political acknowledge instability, remoteness from normal medical services and communications and evacuation difficulties in the event of illness or injury; (b) Standards of accommodation, transport, health care, hygiene, safety and service provision may be varied and I may therefore be at higher risk of illness, injury or death; and (c) By their very nature, holidays involving the activities associated with the Adventure are more challenging and demanding with a commensurately higher level of risk compared with conventional holidays and involves potential exposure to injury and possibly death. I that I am voluntarily participating in the Adventure, having given due consideration to the above and other risks and relevant travel information or advice issued by the government of Australia, available by contacting the Department of Foreign Affairs and Trade or visiting their website at http://smartraveller.gov.au. (d) I have undertaken my own research and I accept the inherent and increased dangers and risks associated with my participation in the Adventure and the accompanying risk of injury, illness, death or property damage or loss. 7. Disclaimer I am aware that third party providers will arrange some or all of the components of the Adventure. I acknowledge that to the fullest extent permitted by law, The Adventurers accepts no liability whatsoever for the acts or omissions of persons who provide services pursuant to those arrangements. I accept that The Adventurers will not be liable for any act, omission or breach of any law by any person (including but not limited to other participants, employees, representatives and agents) with whom I travel on the Adventure. I agree that I may not rely on any representations concerning the Adventure made by The Adventurers which are not contained in these Terms and, to the maximum extent permitted by law, will not assert such reliance. 8. Third Party Providers I accept that I may be required to enter into a contractual arrangement with a third party provider in respect of some or all parts of the Adventure. I acknowledge that, as between myself and The Adventurers, these Terms and Conditions apply and take precedence over any contractual arrangements that I enter into with a third party provider and that I will ensure compliance with these policies. 9. Waiver and Release from Liability To the fullest extent permitted by law, I release, waive, discharge, hold harmless and agree to indemnify The Pirate Ship Foundation and its officers, employees, agents, volunteers and representatives from all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services, loss of profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my participation in the Adventure and/or any activities conducted in conjunction with the Adventure (including Fundraising Activities), unless caused by the gross negligence or a wilful failure or default of The Pirate Ship Foundation. 10. Cancellation I acknowledge and accept that The Pirate Ship Foundation reserve the right to cancel the Adventure at any time. Regardless of cancellation, all funds raised as a result of fundraising activities in connection with the Adventure must be remitted to and may be retained by The Pirate Ship Foundation. If you wish to cancel your trip, you must notify us immediately in writing. Cancellation is only effective when we receive your written cancellation notification. It is your responsibility to communicate with third party service providers regarding the refund of any deposits etc made in relation to your Adventure as per their terms and conditions. 11. Permission to use Images and Footage I acknowledge that photographs and/or video footage of me may be taken by or on behalf of The Pirate Ship Foundation during the Adventure and I consent to being so photographed and/or filmed. I consent to The Pirate Ship Foundation using, copying, reproducing or publishing such images or footage on its website and in any form of media, advertising, documentary, promotional material or merchandise of any kind, without compensation to me, and without obtaining additional approval from me. 12. Licence to use stories and testimonials I grant The Pirate Ship Foundation an irrevocable, perpetual and world-wide licence to use, copy, reproduce or publish personal stories or testimony written by me about the Adventure in any form of media, advertising, documentary, promotional material or merchandise of any kind, without compensation to me, and without obtaining additional approval from me. 13. Privacy I understand that The Pirate Ship Foundation may collect personal information about me for the purpose of promoting future Adventures, events and campaigns. The Adventurers will comply with the Privacy Act 1988 (Cth) in relation to the collection, use, storage and disclosure of my personal information. I consent to The Pirate Ship Foundation: (a) Disclosing my personal information to employees, volunteers, agents and contractors of The Pirate Ship Foundation for the purpose of arranging and facilitating the adventure; and (b) Using my personal information to send me further information about the work of The Pirate Ship Foundation and their fundraising activities. 14. Governing Law This agreement is governed by and must be construed according to the law applying in Western Australia.

Site 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 Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (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 .

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 6, 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 may either offer an “optional contribution” model or at the request of the beneficiary, event organiser or platform a “traditional” service fee model with or without a Donor pay option.
    Optional contribution
    Under the “optional contribution” model, the beneficiary, event organiser, corporate or platform may designate that GoFundraise will advise the donor that there is the option to contribute to the running of the platform. Under this option, GoFundraise does not charge a “Traditional/Standard” service fee to the charity or beneficiary. Your support is appreciated to continue to offer this platform fee service.

    Standard arrangement
    GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the beneficiary, event organiser or platform offer a "traditional" service fee model of a small service fee typically between 0% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

    Special Event Fees
    Some event organisers, beneficiaries, corporates of similar may charge a “Special Event” fee to offset the costs of administering the event this fee will be stipulated within the terms and conditions of the event and beneficiaries can choose to opt out of the event if they choose. Standard transaction charges are paid, unless otherwise stipulated by the beneficiary. GoFundraise reserves the rights to change the service fee model at anytime, all donations will occur at the described rate at the time of transaction.

    Donor Pays Option
    Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
  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), Stripe charged at the designated rate based on the beneficiaries plan. 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. 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. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations 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 contact GoFundraise Customer Care.

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 19.

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 except for funds collected off-line.
  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@gofundraise.com.au}

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 29,
    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 32 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 41 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 24, 25, 28, 29, 39, 40, 41, 42, 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.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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