Terms And Conditions
1. ContentsThese terms consist of the following parts:
2. Terms that apply to all users
2.1 Application of this Part
The terms in this Part 2 apply to all users of the Website. Before using the Website, please read the following terms and conditions. These terms apply to your use of the Website, and may be changed from time to time. Your use of the Website constitutes your agreement to these terms. If you do not agree to these terms, please do not use the Website.
2.2 How the Website works(a) The Website connects Shoppers with Retailers and Charity Shops.
(b) When a Shopper purchases certain goods and services from a Retailer after being directed to the Retailer's online store from the Website, or by using the Shop4Good Reminder, the Retailer pays us a Referral Fee. The Referral Fee is typically a percentage of the value of the goods and services purchased. The Referral Fee may vary for certain types of goods and services, and some goods and services may not attract a Referral Fee. Details of the Referral Fee that we have agreed with each Retailer will be published on the Website. When we receive a Referral Fee, we will donate 50% of it to a Cause. Where a purchase is made by a Registered Shopper, we will make the donation to the Cause selected by the Shopper. Otherwise, the Cause we donate to will be determined by us in our discretion. The remaining Referral Fee is reinvested back into our operations.
(c) Charity Shops pay us a fee to be listed on the Website. We do not receive any commission or referral fee when a Shopper purchases goods or services from a Charity Shop.
2.3 Shop4Good Reminder
The Shop4Good Reminder allows Shoppers to generate donations to Causes without having to visit the Gifts4Good website before purchasing goods or services from a Retailer. The Shop4Good Reminder is a free downloadable extension to your internet browser. When the Shop4Good Reminder is installed and operating, it will notify you when you are browsing the website of a Retailer via a popup message and ask you whether you want to activate donations. If you choose to activate donations, the purchases you make on the website of the Retailer can generate donations. We may update the Shop4Good Reminder from time to time, and updates may be automatically downloaded and applied. You can stop using the Shop4Good Reminder at any time by disabling or uninstalling it.
2.4 Responsibility for goods and services
We are not the supplier of goods and services that are listed or linked to from the Website. Those goods and services are supplied by a third party (either a Retailer or Charity Shop), and any contract for sale of goods or services is between the Shopper and the third party. Any warranty in relation to the goods or services is provided by the third party (or manufacturer, if applicable) and not us. We do not accept responsibility for the goods or services or any defect in them, or any expense, loss or damage that a Shopper or any other person suffers or incurs in connection with the goods or services.
2.5 Registration(a) You may apply to register on the Website as a:
(i) Shopper - if you are at least 18 years of age;
(b) Registration is optional for Shoppers. We are entitled to a Referral Fee regardless of whether or not the Shopper is a Registered Shopper.
(d) We may refuse to accept your registration for any reason, including where you do not meet the applicable criteria in clause 2.5(a).
(e) If we accept your registration, you will remain registered until we terminate your registration or you deregister in accordance with clause 7.5. Other parts of these terms will apply to you, depending on whether you register as a Shopper, a Cause or a Charity Shop.
We do not accept responsibility for loss or damage to computer systems arising in connection with use of the Website. You should take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.
2.7 Third Party Content
The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). We may (but will not necessarily) review Third Party Content. We take no responsibility for Third Party Content and make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content. We may not check Third Party Content for viruses or other harmful code.
All material on the Website, including text, graphics, information architecture and software, is subject to copyright that is owned or licensed by us. This material may be reproduced for non-commercial purposes, or for other purposes permitted by law, provided any reproduction is unaltered, shows the date of first publication and an attribution of source is included. No other use may be made of this material without our prior written permission.
Except where otherwise specified, any word or device used with the ™ symbol is an unregistered trade mark, or the ® symbol is a registered trade mark. Our Trade marks may not be used except as expressly permitted by these terms or otherwise with prior written permission from the trade mark owner.
2.10 Linked Websites
The Website may include advertisements and links to websites operated by Retailers, Charity Shops and other third parties. Those third party websites do not form part of the Website and are not under our control or responsibility. Unless expressly stated otherwise, we do not endorse, approve or otherwise accept any responsibility for the accuracy, currency or completeness of the information contained on linked websites or their privacy practices. Any advertising on the Website does not imply an endorsement or recommendation by us.
2.11 Promoting the Website
You may promote GIFTS4GOOD by linking to the Website, and you may make reasonable use of the GIFTS4GOOD trade mark for that purpose. You must comply with any linking policy that we publish or notify you of from time to time.
3. Terms that apply to Registered Shoppers
3.1 Application of this Part
The terms in this Part 3 apply only to Registered Shoppers.
(a) You will be able to nominate the Cause that we donate to when we receive a Referral Fee from purchases you make.
(b) We may send you information about us and our services from time to time. You may opt out of receiving such information from us.
4. Terms that apply to Causes
4.1 Application of this Part
The terms in this Part 4 apply only to Causes.
4.2 Benefits(a) You will be eligible to receive donations from Qualifying Sales. We will make a donation to you if a Registered Shopper nominates you to receive donations and we receive a Referral Fee from purchases made by the Registered Shopper while that nomination is in place. We may in our discretion make a donation to you if we receive a Referral Fee from purchases made by Shoppers who are not Registered Shoppers. In either case, the donation is 50% of the Referral Fee we receive.
(b) We will allow you to create a page on the Website for you to promote your organisation. You must comply with Part 6 in relation to the content on that page.
5. Terms that apply to Charity Shops
5.1 Application of this Part
The terms in this Part 5 apply only to Charity Shops.
5.2 Benefits(a) You will receive a directory listing on the Website. You will be able to create your listing containing your logo and a short description about your organisation. Your listing will contain a link to your online store. It is your responsibility to host and maintain your online store. You must comply with Part 6 in relation to the content in your listing.
(b) We will also allow you to create a page on the Website for you to promote your organisation. You must comply with Part 6 in relation to the content on that page.
(c) We may offer you additional services from time to time. The details of those services, including any applicable fees, will be agreed between you and us at the time.
You will be required to pay an annual fee in advance. The amount of the annual fee will be notified to you when you register, and in advance of each anniversary of that date. Unless otherwise stated, fees are in Australian dollars and include GST. You may elect not to pay the annual fee by deregistering.
6. User Content
6.1 Application of this Part
The terms in this Part 6 apply to anyone who creates or uploads User Content.
6.2 Managing User Content
(a) You are responsible for managing (including creating, changing, activating, deactivating and deleting) your User Content. We do not review or approve User Content, although we reserve the right to do so and take appropriate action where we consider User Content breaches these terms.
(b) You must comply with any reasonable direction we give you in relation to your User Content, including amending or updating your User Content.
(c) We may include additional information in User Content for any reason we see fit, including to comply with the law and to manage our risk.
6.3 Acceptable User Content
You must ensure that your User Content does not:(a) breach any applicable law;
(b) contain information that is:
(i) offensive, abusive, discriminatory, defamatory or menacing;
(ii) likely to incite violence or hatred against any person or class of person; or
(iii) likely to give rise to any civil or criminal proceeding;
(c) contain personal information, unless you have the express written consent of the person concerned to use and disclose that person's personal information;
(d) breach an obligation of confidence to any person;
(e) infringe any person's rights, including intellectual property rights and moral rights;
(f) contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; or
(g) authorise, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
You grant us an irrevocable, non-exclusive, world-wide, royalty-free, transferable, sub-licensable right to exercise all of the intellectual property rights in your User Content for the purposes of operating the Website, promoting us and the Website, and your involvement with the Website.
7. Other Terms
7.1 Application of this Part
The terms in this Part 7 apply only to Registered Shoppers, Causes and Charity Shops.
7.2 Changes and Communications
(a) We may change these terms at any time in our absolute discretion. We will notify you of relevant changes. The changes take effect from the date we notify you of the changes, unless we specify a different date (but we will always give you reasonable notice of any changes that materially affect you). If you are not satisfied with a change to these terms, you may deregister.
(b) Where these terms require or permit us to notify you, we will use our reasonable endeavours to do so, but we will not be liable for any failure to do so. We may notify you in any way including by making the information available on the Website or contacting you by email. Where we make information available on the Website, it is taken to be received by you at the time the information is made available on the Website. Where we give information by email, it is taken to be received by you when the email is sent, regardless of any response to the email.
(c) We will use our reasonable endeavours to ensure that information we provide to you is correct. However, to the extent permitted by law, we accept no responsibility for any inaccuracy or misdescription in the information provided by us.
7.3 Warranties and Liabilities
(a) To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms whether by statute or otherwise is excluded. Without limiting the foregoing, we do not represent or warrant that:
(i) the Website will be error free or continuously available; or
(ii) that using the Website will achieve any particular results for you.
(b) To the extent a Consumer Guarantee applies to services supplied under these terms, our liability for any non-compliance with the Consumer Guarantee (other than a guarantee for which liability cannot be limited) is limited at our option to one or more of the following:
(i) supplying of the services again; or
(ii) payment of the cost of having the services supplied again.
(c) To the extent permitted by law, we will not be liable for any loss of profit, savings, contracts, revenue, interest or goodwill or for any consequential, indirect, incidental, special or punitive loss, damage or expenses or loss of data or, except as expressly provided in these terms, for any amounts payable by you to any third party, even if we have been advised of their possible existence and even if such loss, damage or expense is caused by our negligence.
(d) For any liability not excluded by the preceding clauses, our liability in relation to these terms howsoever caused, including negligence, is limited to the greater of (i) $100; and (ii) the amount of fees paid by you under these terms in the previous 12 months.
You indemnify and defend us and our officers, employees, agents and contractors (those indemnified) against claims, liabilities, losses, damages, costs and other expenses made against, or suffered or incurred by those indemnified as a result of:
(a) your use of the Website; or
(b) a breach of the terms and conditions or negligence relevant to these terms and conditions, by you.
In conducting a claim, suit or action in respect of which you indemnify those indemnified, you will, at your expense, comply with our reasonable directions.
(a) You may terminate your registration at any time by deregistering on the Website.
(b) If you:
(i) breach these terms; or
(ii) become or in our opinion are likely to become bankrupt or insolvent, we may, in our discretion, do any or all of the following:
(iii) modify, suspend, deactivate or delete any of your User Content; or
(iv) terminate your registration.
(c) We may also terminate your registration at any time for any reason.
(d) Where your registration is terminated under clause 7.5(a) or 7.5(b), without limiting our other rights and remedies:
(i) we will delete all of your User Content; and
(ii) the unused portion of any fees you have paid to us in advance will be forfeited.
(e) Where your registration is terminated under clause 7.5(c):
(i) we will delete all of your User Content; and
(ii) we will refund to you an amount that reflects the value of these unused portion of any fees you have paid to us in advance.
(f) Termination of your registration does not affect the operation of clauses 7.3, 7.4, 7.5(d), 7.5(e) and 7.6, or any rights or remedies already accrued to either party under, or in respect of any breach of, these terms.
(a) We will not be liable for any delay or failure to perform where such delay or failure was caused by circumstances beyond our reasonable control.
(b) We can exercise our rights at any time within the limits of the law. If we delay in exercising our rights, this does not mean we give up those rights.
(c) You cannot transfer or assign its responsibility for, or its rights under, these terms without our prior written consent. We can transfer or assign our responsibility for, or our rights under, these terms at any time to any person without telling you.
(d) When we are required by law to give information to you, you consent to that information being given by an electronic communication. We are not required to provide an unsubscribe facility in electronic communications we send to you.
(e) The laws of Queensland, Australia govern these terms. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in any action or legal process concerning these terms.
(h) In these terms, headings are for convenience only and do not affect interpretation, and unless the context requires otherwise:
(i) person includes an individual, the estate of an individual, a corporation, an authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
(ii) a word importing the singular includes the plural (and vice versa), and a word indicating a gender includes every other gender;
(iii) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and
(iv) includes in any form is not a word of limitation.
8. DefinitionsIn these terms:
Charity Shop means an organisation who has registered with us on the Website as a Charity Shop.
Consumer Guarantee means a guarantee under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Referral Fee means the fee payable by a Retailer to us as a result of a Qualifying Sale.
Registered Shopper means a person who has registered with us on the Website as a Shopper.
Shopper means a person who purchases goods and services from a Retailer or Charity Shop.
we, us and our means Gifts4Good Pty Ltd ABN 28 147 323 000.
Website means the Gifts4Good website at http://www.gifts4good.org.au/, and includes the Shop4Good Reminder.
you means any person who uses the Website, and includes anyone acting on behalf of, or with the express or implied authority of, that person.