Terms and Conditions
These Terms & Conditions (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.
These terms
1. This website is owned and operated by Balmoral Beach Club Events Pty Ltd ACN 000 016 633 (BBCE, We, Us). The use of this website, and all services and online tools (the Platform) that BBCE makes available to donors, registrants and other users of the Platform (Users, You, Your) is governed by these 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 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 the Platform.
Acceptance of terms
3. By Accepting these Terms You are also agreeing that You have read and understood our Privacy Statement and consent to the collection of Your information and agree to providing it to a card processing contractor and our selected Not for Profit organisation (NFPs).
General
4. The Platform is operated by BBCE. Users are able to fundraise for specific NFPs selected by BBCE. 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 User. As a general proposition, BBCE accepts no liability whatsoever for the actions of Users on the Platform.
5. BBCE accepts no liability for ensuring that any NFP applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a NFP's use of any donation the User makes through the Platform, the User should contact that NFP directly.
Service fees
6. BBCE does not charge any service fee for donations made through the Platform. The amounts are passed directly to NFP. Credit card processing fees may be deducted.
Registration fees
7. BBCE may charge a fee for registration for an Event. This fee along with other funds raised through sponsors may go towards covering the costs of the Event.
Card payments
8. Any donations or other transactions made through the Platform by a User entering that User’s credit or debit card details is final and not disputable.
User registration
9. 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.
10. 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.
Passwords
11. You must keep Your personal login information safe, private and secure at all times. This extends to:
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.
12. BBCE accepts no liability for acts carried out by any person using Your personal login information.
Personal fundraising pages
13. Users may establish a fundraising page or pages (Personal Page) on the Platform to fundraise through the Platform.
14. BBCE reserves the right to delete, close or suspend a Personal Page at its discretion.
15. Where a User builds a Personal Page on the Platform, the User must ensure that the data on the Personal Page (Content) does not:
a. infringe the intellectual property rights (including copyright) of any third party;
b. detrimentally affect the brand or reputation of BBCE, any NFP or any associates or sponsors of BBCE;
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.
16. You must not use the Platform to:
a. send junk email, 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 Platform or services or networks connected to the Platform and introduce any computer virus (including any variant or similar malicious code or instructions) to the Platform or BBCE 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.
17. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
18. BBCE 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 or liability, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms. 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 BBCE
Code of Conduct & Fundraising Guidelines
19. By creating this fundraising page You also agree abide by the NFP's code of conduct or fundraising guidelines. 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
20. BBCE reserves the right to reject a registration application or terminate use of the Platform by a 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:
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 conduct in using the Website;
b. You breach these Terms, whether the breach is material or otherwise;
c. if We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
21. 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, know how 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).
22. BBCE owns or has the right 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
23. No use of Content on the Platform is permitted without the prior written consent of BBCE, and where applicable, the licensor to BBCE of the applicable rights.
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.
25. The User grants to BBCE 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.
No warranties
26. The User acknowledges and agrees that BBCE 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 BBCE or be found in these Terms or in the relationship between BBCE and Users and all such representations and warranties that may be excluded at law are excluded.
Limitation of liability and indemnity by User
27. BBCE 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:
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 NFP; or
c. the representations, opinions or activities of Beneficiaries made on or through the Platform.
28. The User indemnifies and holds BBCE, 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:
a. the use or misuse of the Platform by the User;
b. Content uploaded by the User;
c. the breach by the User of these Terms; or
d. any liability arising out of the use of a User’s account.
Jurisdiction
29. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms.
Survival
30. Clauses 15, 16, 22, 24, 25, 27, 28, survive termination or expiry of these Terms as between BBCE and the User.
General
31. These Terms constitute the entire understanding and agreement between the User and BBCE and supersede any and all prior oral or written communication on the subject matter contained in them.
Terms & Conditions updated Oct 2018