My.Regional.Community Website Terms and Conditions
between Regional and Rural Equity Partners Pty Ltd ("RARE Partners " or "we" or "us"
the user of this website ("you" or "User")
Please read these Terms and Conditions fully. If you do not wish to be bound by these Terms and Conditions, you should not continue to access the site or its associated services.
1.1. The My.Regional.Community website (the "Website") and its associated services are operated by Regional and Rural Equity Partners Pty Limited (ABN 46 167 921 968) ("RARE Partners " or "we" or "us"). These terms ("Terms and Conditions") govern your use of the Website and its associated services.
1.2. The Website is an online platform where people and organisations ("Community Ventures") can campaign and raise funds for projects to benefit community causes ("Community Projects") and where Contributors can donate money, ideas or in-kind contributions ("Contribution") to support those Community Projects.
1.3. By remaining on the Website you acknowledge and agree that you have read and understood these Terms and Conditions and you agree to be bound by these Terms and Conditions each time you use the Website.
1.4. If you are accessing the Website in order to create a Community Project, you agree to these Terms and Conditions both personally and on behalf of your Community Venture as its authorised representative. If you are not authorised to accept these Terms and Conditions for your Community Venture, you must not submit a Community Project to the Website on its behalf.
1.5. These Terms and Conditions may change or be updated from time to time. RARE Partners will post updates on the Website when necessary. The latest version of these Terms and Conditions will govern any usage.
2. Terms for Contributors
Donating to a Community Project: General
2.1. You make your Contribution to a Community Project, not to RARE Partners - we simply introduce Contributors to Community Ventures and their Community Projects. Contributions can only be made via Stripe. All Contributions are processed by Stripe under their terms and conditions. Transaction fees apply (see clauses 2.18).
2.2. Contributions are subject to a minimum of $1.00 per Contribution. Contributions will be processed in the currency which is indicated on the campaign and payment pages. If a Contribution is made in a different currency, conversion fees may apply, and may be charged to you by your financial institution.
2.3. Contributions can be made at any time from the start of a campaign up to the Funding Deadline. Once the Funding Deadline expires, no more Contributions can be made via the Website.
2.4. RARE Partners will not pursue Contributors for uncollected Contributions. It is the responsibility of a Community Venture to contact any Contributors who have pledged a Contribution but whose payment has failed, and to ask them to provide an alternative payment method.
2.5. Campaigns are organised as either “All-or-Nothing”, “Keep-it-All” or “Voting” campaigns.
2.6. All-or-Nothing campaigns will not receive any funding until they have reached the minimum amount specified on their campaign profile;
2.7. Contributions to an "All-or-Nothing" campaign will be charged to your account at the time of making your Contribution but will not be paid to the Community Project until the minimum amount is reached.
2.8. Keep-it-All campaigns receive all funds contributed to their campaign;
2.9. Contributions to a Keep-it-All campaign will be charged to your account at the time you make your Contribution. Amounts will be placed into a trust account and the net amount paid to the account of the Community Venture responsible for the Community Project within 14 days of your Contribution unless specified otherwise in the Campaign profile.
2.10. Voting campaigns do not receive funding but are seeking feedback as to the interest or viability of a particular Community Project.
Changes to and cancellations of Contributions
2.11. You cannot change or cancel a Contribution to a Keep-it-All campaign, once the Payment has been processed. However, you may change or cancel your Contribution to an All-or-Nothing campaign at any time prior to the Fundraising Deadline, except where this Contribution would drop an otherwise successful campaign below its Fundraising Target during the final 24 hours before the Fundraising Deadline.
2.12. You may not cancel a Contribution (even if a Community Project has reached or exceeded its Fundraising Target before the Fundraising Deadline) once your Payment has been collected.
2.13. No Contributions can be accepted for a Community Project once its Funding Deadline has passed.
2.14. Community Ventures may cancel or refund a Contributor’s Contribution at any time at their discretion and for any reason and, if they do so, are not required to continue with the Community Project.
2.15. If you disagree with how a Community Project has used your Contribution, you should raise this with the Community Venture, not with us.
Further support for Community projects
2.16. Contributors may be invited by a Community Venture to assist in promoting a Community Project online (e.g., by spreading the word on Facebook, Twitter or email) and/or by word of mouth. If you choose to do so, you must comply with all lawful instructions, guidelines and requirements imposed by the Community Venture when doing so.
2.17. RARE Partners takes no responsibility for the acts, omissions and communications of Users in promoting or engaging with a Community Project, or not.
2.18. Registering on My.Regional.Community is free. When you Contribute to a Community Project the total Contribution shown on the payment page will include all transaction fees applicable to your Contribution. Transaction fees are charged by RARE Partners and cover our merchant cost payable to Stripe or our other payment providers; the balance of your Contribution goes to the Community Venture.
2.19. You may amend the amount of your Contribution, but - to cover the cost of processing your Contribution - the smallest amount you can Contribute is an amount equal to the transaction fees applicable to your Contribution. The transaction fee payable for all transactions is 3.5% (plus GST) of the value of the payment.
2.20. Unfortunately, we are not able to refund any part of a Contribution (including transaction fees) once it is released to a Community Venture if a Community Project is cancelled or any reason. Any request for a refund should be taken up with the Community Venture themselves.
2.21. In some circumstances (such as fraud or error), RARE Partners and its payment providers may be required to reverse a Payment made via the Website ("charge back"). If you are a Community Venture, you agree to indemnify RARE Partners for all losses, costs and expenses it incurs as a result of a charge back associated with your Community Project (including all fees charged by our payment providers associated with that charge back). You agree that RARE Partners may set-off the Charge Back Amount against any amount owed to you by RARE Partners, including from Contributions held on your behalf in RARE Partners’ trust account.
2.22. In some cases, a Community Venture may offer Contributors a Reward for Contributing to their Community Project. Please see clause 3.8 below for further details. You acknowledge and accept that, in a small proportion of cases, despite careful planning by a Community Venture, in certain unforeseen circumstances that Community Venture may be unable to deliver these Rewards. In such circumstances you acknowledge that delivery or lack of delivery of the Reward is a matter between you and the Community Venture, and that responsibility for delivery of the Reward is solely that of the Community Venture.
Tax deductions and receipts
2.23. When you make a Contribution you will not automatically be provided with a receipt suitable for tax purposes from the Community Venture. In some cases Contributions made to a Community Venture will be tax deductible. It is your responsibility to confirm whether a Community Venture has deductible gift recipient status (DGR status) allowing you to claim a tax deduction.
2.24. In exchange for being allowed to use the Website, you agree that we will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your Contribution. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your Contribution.
3. Terms for Community Ventures
Creating and Running a Community Project
3.1. All requests to set up a campaign for a Community Project are vetted by RARE Partners prior to launch. Community Ventures must provide full details of their status and their proposed Community Project.
3.2. The acceptance of a Community Project for inclusion on the Website is at our sole discretion. Submissions for Community Projects must meet certain qualifying criteria in order to be considered for listing on the Website. They must:
(a) Include the name, email address and phone number of the Community Venture undertaking the proposed Community Project;
(b) Include the fundraising target (“Fundraising Target”) and the expiry date of the campaign (“Fundraising Deadline”);
(c) Include a description of your campaign, what you intend to raise funds for and whether you plan on offering Rewards or not;
(d) Provide confirmation that the Community Project has a benefit for the wider Community or will be used to support someone representing the Community and not for the sole benefit of one person or persons.
(e) Not use the Website to solicit or recruit real-life volunteers or employees for Community projects;
(f) Promptly answer any questions or provide any information or evidence requested by RARE Partners to ensure the quality of the Community Project campaign, or to verify any details of the Community Project or your status as a Community Venture;
(g) Keep your Community Project page on the Website updated with accurate information during the campaign;
(h) Inform RARE Partners immediately if anything compromises the integrity, potential success or existence of your Community Project;
(i) Complete all Community projects for which Contributions are collected via the Website substantially in line with the budget plan set out on your Community Project page, or refund Contributors' Contributions immediately in full;
(j) Provide a minimum of two updates on the progress of your Community Project and about how Contributions have been used on the Website at or around 1 and 6 months after the Funding Deadline;
(k) Refrain from taking any action in reliance on receiving Contributions until they have been remitted to you and you have right and the ability to withdraw or spend these Contributions;
(l) Correctly calculate and remit all taxes (including GST), levies or similar, if any, which are applicable to Contributions made to you;
(m) Comply with, and hold and use any information you hold about Contributors in accordance with the Privacy Act 1988 and the Spam Act 2003. In particular, you must not to contact Contributors for marketing or promotional purposes unless you have their consent to do so;
(n) Obtain and continue to maintain, any necessary licenses, consents, approvals or other permissions required to use the Website and create and run a Community Project (if any); and
(o) Comply continuously with all laws, legislation, rules, regulations and industry standards applicable to you as a Community venture.
3.3 If the Community Venture qualifies they will receive a confirmation email from RARE Partners requesting details of the bank account to be used to forward collected Contributions (the account name, BSB and account number) and a scanned copy or photo of proof of ID (drivers license or passport) plus a recent bank statement or deposit slip showing such details;
3.4. If the Community Project is to support a minor (a person under 18 years of age) the Community Venture proposing the Project must be a registered organisation or an individual over 18 acting in a capacity of their legal guardian or parents. Any ID provided will be for the Community Venture; and
3.5. When you submit a Community Project for listing on the Website, you represent and warrant that you are authorised to agree to these Terms and Conditions on behalf of your Community Venture. You also agree to appoint us as your agent, and we accept appointment as your agent, for the purposes of providing acknowledgement emails to donors who contribute to your Community Venture.
3.6. Fundraising Targets and Fundraising Deadlines may not be altered once a Community Project is submitted for approval. However, once the Community Project campaign commences, you may edit the Content of your Community Project page, provided this does not alter the substance of the Community Project.
3.7. Campaigns for Community Projects are limited in duration to a minimum of 1 day and a maximum of 365 days from the date the campaign goes live on the Website. We do not accept any responsibility for any Community Project not reaching its Fundraising Target by the expiry of the Fundraising Deadline.
3.8. You may offer to provide non-monetary incentives to Contributors as part of a Community Project campaign ("Rewards"), although you are not obliged to do so. You may offer one or more Rewards per Community Project and may set qualifying Contribution criteria for each Rewards (for example, a different Contribution threshold for each Reward).
3.9 Rewards should be representative of the Community Project being proposed. These may include for example a discount on a product being developed, access to free or reduced priced events.
3.10 RARE Partners will offer any Contributor who Contributes more than $250.00AUD per Community Project banner ad spot on the home page of the My.Regional.Community website confirmed that they have supported a Community Project. This will be optional for them to accept and will be included on the banner spot for 2 weeks (14 days). The Contributor will be responsible for providing all graphics, logos etc to create a banner ad.
3.11 You agree that RARE Partners has the right, but not the obligation, to vet all Rewards which are offered.
3.12 You represent and warrant in favour of Contributors and us that:
(a) you will provide Rewards to each Contributor who met your qualifying criteria for such Rewards and who nominated that they wish to obtain a reward as at the time of making a Contribution (and whose Contribution has not subsequently been cancelled or refunded), irrespective of whether you reach your Fundraising Target;
(b) you will deliver Reward promptly after receiving the Contribution from the Contributor, or substantially in line with any estimated delivery date you have provided to the Contributor;
(c) For “Keep-It-All’ campaigns, at the time of posting the Community Project on the Website and until all Rewards are provided to qualifying Contributors, you have and will maintain sufficient funds on hand to provide any and all Rewards offered; and
(d) you will not provide to the Contributor, us or any other person any benefit in respect of a Contribution other than the provision of the Rewards to the Contributor and the fulfilment of the Community Project.
3.13 Offering financial products, securities or other proprietary interests or rewards, such as ownership, financial returns (e.g. profit share), cash and cash equivalents, or Contribution repayments is prohibited. Breach of this prohibition is likely to result in a contravention of the fundraising laws of Australia contained in the Corporations Act 2001 (Cth).
3.14 We do not represent, warrant or guarantee that the offering of Rewards will be legally permissible in all cases, nor that offering such Rewards will not affect an organisation's charitable, non-profit or other status or taxation position.
4. Terms for All Users
Use of the Website
4.1. You must register with My.Regional.Community and create a User account in order to Contribute to, or create and run, a Community Project. You can register by completing a registration form on the Website.
4.2. You must be 18 years or older to register with and to use the Website and its associated service.
4.3. You must provide accurate, complete, and current information when you register and must keep this up to date. Failure to do so constitutes a breach of these Terms and Conditions and, in serious cases, may result in immediate termination of your account.
4.4. You must give your real name on the Website. You must not use any name or term that:
(a) is the name of another person, with the intent to impersonate that person;
(b) is subject to any rights of another person, without appropriate authorization; or
(c) is otherwise offensive, vulgar, or obscene.
4.5. It is your responsibility to ensure the safety and security of your User account. You must not tell anyone the password to your User account or allow any other person to access it.
4.6. You are responsible for all activity that occurs under your User account. You must immediately notify us of any unauthorised use of your account or password, or other known account-related security breach.
4.7. A Community Venture may have more than one registered User, but only one User may create, run and edit each Community Project page. Community Ventures should not allow their members, employees or other persons linked to the Community Venture to share login details.
4.8. RARE Partners reserves in its sole discretion the right, at any time and without notice:
(a) cancel, reject, or suspend a Community Project campaign or User account;
(b) cancel or reverse a Contribution made to a Community Project; and
(c) remove, edit, or modify any Content, including, but not limited to, any User submission, for non-compliance with these Terms and Conditions, and in cases where we suspect fraud or error, or for any other good reason.
4.9. We also reserves the right to reverse a Contribution made to a Community Project including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Contribution is processed, including without limitation in the case of a Charge Back. Any fees will be deducted from the original amount of your Contribution prior to us issuing any refund to your account.
4.10. Subject to any Reward offering, making a Contribution does not entitle a Contributor to any interest in, or benefit from, the Community Project.
4.11. To Contribute to a Community Project, you must accept the use of Stripe as our merchant provider. Stripe is administered by National Australia Bank in Australia.
4.12. All Contributions are processed via Stripe. Your use of Stripe’s services is subject to your agreement with them. RARE Partners is not responsible for the performance of Stripe or your use of its services. Any technical issues or other problems with making Contributions via Stripe should be addressed to our customer service department. If we are unable to resolve an issue with a Contribution that has been made, you should contact Stripe direct or the Community Venture to whom you made your Contribution for assistance, or the Contributor who made that Contribution to your Community Project, as applicable.
Content Licence and Intellectual Property
4.13 You may submit Content to us for inclusion in a Community Project's campaign or publication as a comment on the Website. You agree that we may publish and communicate to the public any such Content. By submitting Content to us, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:
(a) display, reproduce, modify, add to, use, copy, publish, transmit, index, crawl, communicate and adapt such Content for any purpose and in any manner anywhere in the world, including (without limitation) on and in relation to the Website and its associated services, or any other services or products; and
(b) permit any other person, company or organisation to do any of the things referred to in (a) ("Licence").
For the avoidance of doubt, the Licence will survive the termination of these Terms and Conditions.
4.14 You unconditionally and irrevocably agree to:
(a) consent to any act or omission that would otherwise infringe your moral rights in the Content; and
(b) waive all or your moral rights in the Content to the extent permitted by law.
You further agree to ensure that all other persons involved in the development of Content which you submit to us provide the above consents and waivers to the extent that they own any rights in the Content.
If the above consents or waivers do not operate as an immediate consent in relation to, or a waiver of, these rights, you agree to give and you procure all other relevant persons to give, a written consent and waiver at any time at RARE Partners' request.
4.15. You agree to do everything necessary (including, without limitation, on request, executing any document) to give RARE Partners the full benefit of the Licence.
4.16. All intellectual property rights comprised in or relating to the Website (including the RARE Partners and My.Regional.Community logo and site design) and the name My.Regional.Community ("IP") belong to RARE Partners Pty Limited or our licensors. Your use of any IP owned by third parties may be subject to a third party's terms and conditions of use. Nothing in these Terms and Conditions (or otherwise on the Website) constitutes a transfer or licence of any IP to you. You must not use any such IP without the express permission of RARE Partners and, if applicable, the licensor of such IP. Use of third party IP without permission may be an infringement of IP rights and is a serious breach of these Terms and Conditions, entitling RARE Partners to terminate your User account immediately (without affecting any other rights we may have).
4.17. Except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent us restraining you from doing so, you must not decompile, disassemble, or otherwise attempt to derive any source code or underlying algorithms of any part of the Website, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate, or otherwise create derivative works of any part of the Website.
Your Conduct, Representations and Warranties
4.18 You personally represent and warrant to us that you are least 18 years of age;
4.19. You represent and warrant to us, personally and on behalf of your Community Venture, that:
(a) you have the legal capacity and authority to agree to these Terms and Conditions and grant the Licence (including, if you are accepting these Terms and Conditions on behalf of a Community Venture, that you are authorised to do so);
4.20. You agree that you will not take any action, submit Content or offer a Reward on the Website that:
(a) infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity;
(b) breaches applicable laws, regulations or relevant industry codes, or is otherwise unlawful, threatening, abusive, harassing, defamatory, obscene, tortious, offensive, or invasive of another's privacy;
(c) constitutes unsolicited or unauthorized advertising or promotional material ("spam"), chain letters, surveys, raffles, lotteries, contests, or pyramid schemes;
(d) disrupts, damages, limits, modifies, obtains unauthorised access to or otherwise interfere with the proper function of any security measures, software, hardware, or telecommunications equipment or information of RARE Partners or any third party (including submitting Content which contains software viruses, computer codes, files, or programs that are intended to have such an effect);
(e) is false, misleading, deceptive, or inaccurate, including by misrepresenting your identity or affiliation with any other person or organisation;
(f) imposes or may impose (as determined by us) an unreasonably large load on RARE Partners’ or its third-party service providers’ technology infrastructure;
(g) uses manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; or
(h) contains any link to any other website which contains information that would if included in the Content or Perk be in breach of any of these subclauses (a) to (g).
4.21 You agree to indemnify RARE Partners, its affiliates, and each of its and its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:
(a) your use or misuse of, or wrongful access to, the Website,
(b) any act of fraud, breach of applicable law or wilful misconduct by you or on your behalf; and
(c) the publication or use of Content submitted by you or any third party using your account in accordance with the Licence in clause 4.17, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, right to privacy, copyright infringement, trade mark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.
4.22. You agree to notify us of any matter(s) that could reasonably be expected to fall within clause 4.21 above as soon as possible after you become aware of such matter(s).
4.23. We reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you must assist and cooperate with us in asserting any available defences.
4.24. The indemnities in clause 4.21 above survive termination of these Terms and Conditions.
Disclaimers and Limitation of Liability
4.25. If you are a consumer, you have certain rights under consumer protection legislation ("Consumer Rights"), which cannot be excluded or limited by RARE Partners. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms and Conditions is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights:
(a) we excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms and Conditions; and
(b) Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.
4.26 If your Consumer Rights prevent us from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 4.26 in relation to the services offered on the Website, to the extent to which we are entitled to do so and despite any other provision in these Terms and Conditions, we limit our liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at our option:
(a) the supply of the affected services again; or
(b) the payment of the cost of having the affected services supplied again.
4.27. We introduce Contributors to Community Ventures via the Website, but it is a Contributor's responsibility to investigate independently and satisfy him or herself as to the identity of a Community Venture and and Community Project being presented as to the veracity of any claims on a campaign page. We do not represent, warrant or guarantee:
(a) the identity, contact details or bona fides of the Community venture, or the accuracy of any statements made on Community Project pages;
(b) the feasibility, suitability, appropriateness or success of a Community Project;
(c) that the Community Venture will use your Contribution for the Community Project in accordance with the statements on its Community Project page;
(d) the Community Venture's capacity or willingness to carry out a Community Project or provide any Perks offered; nor
(e) that the full amount of Contributions collected or pledged on the Website will be received in full and without deduction by a Community Venture in all circumstances (for example, Contributions may be reversed where a fraudulent transaction is proven, or may not be collected if a Contributor does not have sufficient funds available or has had their credit or debit card cancelled at the time Stripe attempts collection).
4.28. To the fullest extent permitted by law RARE Partners excludes all liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:
(a) your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability;
(b) any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses the Website;
(c) RARE Partners exercising of its rights; and
(d) the failure by a Community Venture to meet its obligations under these Terms and Conditions.
Third Party Sites
4.30. The Website may contain links to third party websites, and third party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with, us. When accessing third party websites, you do so at your own risk.
4.31. If you are a Contributor, we may terminate your access to the Website and/or your User account immediately (or at a later time), without cause or prior notice.
4.32. If you are a Community Venture, we may suspend or terminate your access to and/or use of the Website and its associated services by giving written notice to you if you breach these Terms and Conditions and, in our reasonable opinion:
(a) your breach is significant or serious; and
(b) suspension or termination of access, as applicable, is justified by your breach.
4.33. Users may terminate their own account by following the instructions on the Website.
4.34. Upon or at any time after termination of your User Account for any reason, we will delete your Content except to the extent that we are required to retain it by law, or you consent for us to retain or use it. It is your responsibility to ensure that you have stored your Content elsewhere prior to cancelling or terminating your User account. We have no obligation to provide you with a copy of your Content and may remove and discard any data at any time from the date your User account is terminated.
Changes to the Website and these Terms and Conditions
4.35. We reserve the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. We do not guarantee that any content, including your Content, will be available through the Website at all or specific times.
4.36. These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Content means all content submitted by you and made available through the Website including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Community Project means an initiative that is created by a Community Venture and which for which that Community Venture campaigns for Contributions through the Website;
Community Venture means a registered charity, an organisation, an individual, or a group which campaigns for a Community Project through the Website and where the context permits anyone acting on its behalf or with their express or implied authority.
Contributor means the holder of a My.Regional.Community user account who contributes to a Community Project.