Terms & Conditions
Subject to these Terms of Service, as amended from time to time ("Terms of Service"), GetFundz provides:
(a) the GetFundz platform to you through its website at www.getfundz.com and related services (collectively, the GetFundz Platform, including any new features and applications, the "Services".
If you are a campaign organiser (defined below), beneficiary of a campaign, comment contributor or donor (collectively referred to herein as a "User") located in Australia, you are contracting with GetFundz. For the purposes of the following Terms of Service, "GetFundz", "we", "us", "our" and other similar terms shall refer to the party with whom you are contracting.
ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE GETFUNDZ SERVICE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
We reserve the right, at our sole discretion, to change or modify parts of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services at any time.
Access and Use of the Services
GetFundz Service Description:
The GetFundz Services are offered as a platform to allow an individual, entity or charity to buy and sell (the "Campaign Organiser") to post a fundraising campaign ("Campaign") to the GetFundz Platform to accept monetary donations ("Donations") from donors ("Donors").
Payment Processor Fees:
Although there are no fees to set up a Campaign, industry-standard payment processor fees apply (hereinafter and on the website referred to as "Payment Processing Fees").
The Services are platforms:
We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. GetFundz facilitates the Campaign of the Campaign Organisers and permits Donors to make donations to these Campaign Organisers. GetFundz is not a broker, agent, financial institution, creditor or non-profit corporation.
All information and content provided by GetFundz relating to the Services is for information purposes only and GetFundz does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Donations, Donors or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
GetFundz has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
We do not guarantee that a Campaign will obtain a certain amount of free classifieds for Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Service is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.
The GetFundz Platform (collectively "Platform") are offered to help Campaign Organisers raise money with free ads. GetFundz merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by GetFundz, and GetFundz does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organisation. By using the Services, you understand and agree that GetFundz shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign or event.
All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. GetFundz is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously.
If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate. If you are a donor, you may also get a refund once the reported campaign is nulled.
GetFundz makes no representation as to whether all or any portion of your Donations, including any Payment Processor Fees, are tax deductible or eligible for tax credits. GetFundz will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterisation on any applicable tax return of any Donation by you, any User. You should consult a tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
You, as a Campaign Organiser, represent, warrant and covenant that
(i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users;
(ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide;
(iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary;
(iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds;
(v) you will not infringe the rights of others;
(vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project;
(vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorise GetFundz, and GetFundz reserves the right to provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that:
(a) you are a representative of the Charity, which representative is authorised to raise funds or bind the Charity to these Terms of Service;
(b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations;
(c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose;
(d) your Charity has and will maintain tax-exempt status under your local applicable law;
Your Registration Obligations:
You may be required to register with GetFundz in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services' registration form. Campaign Organisers must register using their true identities including their name, address and any image or video purporting to depict the Campaign Organiser or the Beneficiary of such campaign. You agree to keep registration details current and up-to-date.
Chargebacks and Refunds.
Occasionally, a Donor may dispute a credit card charge for a Donation through the Services. Refunds will be only issued only if the campaign is discontinued or banned minus the Stripe processing fees.
As a Charity, receipt of Donations, minus any applicable Payment Processor Fees, is based upon and subject to the applicable Processor's procedures and terms, and credit card processor's terms. Available Processors are described under "Donors" below. GetFundz is not a payment processor and does not hold funds.
GetFundz does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
It is your responsibility to determine which taxes, if any, apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to
(a) immediately notify GetFundz of any unauthorised use of your password or account or any other breach of security; and
(b) sign out from your account at the end of each session when accessing the Services. GetFundz will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services:
GetFundz reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Content Manifestly Made Public by the User.
Public Content, Public Display of Information and Donations:
Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, "Unsolicited Information"). By sending us Unsolicited Information,
(a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information;
(b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development;
(c) you agree that GetFundz will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you;
(d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information;
(e) to the extent necessary, you hereby grant to GetFundz a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right (through multiple tiers) and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sub-license the foregoing rights; and
(f) you irrevocably waive, and cause to be waived, against GetFundz and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.
You acknowledge and agree that GetFundz may retain Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such retention or disclosure is reasonably necessary to
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms of Service;
(c) respond to claims that any User Content violates the rights of third parties; or
(d) protect the rights, property or personal safety of GetFundz, its users or the public.
If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by GetFundz to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to
(a) contact such third party using the Third-Party Data provided, and/or
(b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means of "opting out" of receiving further communications of a similar nature.
Promotions on the GetFundz Platform:
You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstake or similar activity (each, a "Promotion") on or through the GetFundz Services.
Promotions on the GetFundz Platform:
You are not permitted to offer any Promotion on the GetFundz Platform without our prior written consent. You may seek permission by sending an email to support@GetFundz.com. If we consent, you take full responsibility for the Promotion, and you agree that:
(a) such Promotion shall comply with all applicable laws;
(b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered;
(c) you may not use the our intellectual property in the rules or any other materials relating to the Promotion without our express written permission;
(d) such Promotion does not require making a Donation as the only way to enter;
(e) you are responsible for the marketing of the Promotion, and that such Promotion is not marketed to anyone under either the age of 18 or the age of majority for the jurisdiction in which you reside, whichever age is older;
(f) prizes, rewards, give-aways or incentives are not intended to be items available for purchase; and
(g) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography or tobacco.
You will include the following provisions within your official rules for any Promotion that you choose to publicise on the GetFundz Platform:
(i) GetFundz does not sponsor or endorse the Promotion;
(ii) GetFundz does not guarantee the delivery of any reward, incentive or other prize offered by you;
(iii) each participant or entrant in the Promotion releases GetFundz from any and all liability; and
(iv) all questions concerning the Promotion must be directed to you and not to GetFundz.
Events on the GetFundz Platform:
GetFundz Services enables organizers to offer and users to register for events, such as marathons, walks, rides, and other similar events (collectively, "Events") which may require a registration fee, as determined by the organisers of these events ("Event Organisers"). Event Organisers may establish a page on the GetFundz Platform which gives details about their Event and provides the ability to collect Event registration fees through GetFundz Service. Event Organisers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers and ensuring such Event complies with applicable law. Event Organisers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds.
Event Organisers that use the GetFundz Services to process Event registrations and general donations, agree to pay GetFundz a Payment Processor Fee plus a variable Platform fee.
Receipt of Registration Fees.
Receipt of registration fees, minus any applicable Payment Processor Fees, is based upon and subject to the payment processor's procedures and terms, and the credit card processor's terms. GetFundz does not withhold funds for tax purposes or otherwise. Event Organisers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
You acknowledge that GetFundz has no obligation to you to retain data relating to any account or Campaign. You acknowledge that GetFundz reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by Charities on either Platform, in which case GetFundz will provide reasonable notice where possible.
Mobile GetFundz Services:
The GetFundz Services include certain features that may be made available via a mobile device, including the ability to
(i) upload User Content to the GetFundz Platform,
(ii) browse the GetFundz Platform, and
(iii) access certain items through an application downloaded and installed on a mobile device (collectively, the "Mobile Services").
To the extent that you access Mobile Services, your mobile network's standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your network service provider and not all Mobile Services may work with all providers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your GetFundz account information to ensure that your messages are not sent to the person who acquires your old number.
You are solely responsible for complying with all applicable law in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, "Upload"). If you are not the beneficiary of the Campaign which you organise, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by GetFundz. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, a User or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, at our sole discretion, deem relevant to our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Notwithstanding the foregoing, you agree:
Not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
- The violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilise in connection with the Services;
- Any election campaigns that are not run by a registered organisation within the supported country;
- User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest or impossible;
- Drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited or forbidden by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- Knives, explosives, ammunition, firearms, or other weaponry or accessories;
- Annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or similar), pyramid schemes, 'get rich quick schemes' (i.e. investment opportunities or other services that promise high rewards), network marketing and referral marketing programmes, debt collection or crypto-currencies;
- Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift vouchers, or sweepstakes;
- User Content that we deem, at our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity or serious disabilities or diseases;
- Campaigns that we deem, at our sole discretion, to be for the legal defence of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, serious disabilities or diseases or financial crimes or crimes of deception;
- Activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Australian and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- Funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- Pornography or other sexual content;
- Offensive, graphic, perverse or sensitive content;
- The sale of items before the seller has control or possession of the item;
- Collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to by-pass or otherwise circumvent the designated method of payment as provided by GetFundz;
- Credit repair or debt settlement services;
- The receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
- Publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
- Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
- Aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- Unauthorized sale or resale of brand name or designer products or services;
- Sale of goods or services that are illegally imported or exported;
- Processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- Collecting or providing funds for any purpose other than as described in a Campaign description;
- Any other activity not listed that GetFundz may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
- Any other activity that GetFundz may deem in its sole discretion to be unacceptable.
Not to use the Services to transmit or otherwise upload any User Content that
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail", "spam", "chain letters", "pyramid schemes", "contests", "sweepstakes" or any other form of solicitation; or
(vi) in the sole judgment of GetFundz, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GetFundz or its users to any harm or liability of any type;
Not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
Not to harvest, collect or publish personally identifiable information of others;
Not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
Not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party; or
Not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
Not create any liability for GetFundz or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
Not to engage in any conduct that, in GetFundz’s sole judgment and at GetFundz's sole discretion, restricts or inhibits any other user from using or enjoying the Services;
Not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks GetFundz uses to provide the Services;
Not to gain unauthorised access to the Services, or any account, computer system, or network connected to these Services, by any unauthorised or illegal means;
Not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
Not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms which is expressly permitted;
Not to, on the GetFundz Platform, engage in advertising or commercial solicitation of any product or service without GetFundz’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
attempt to indirectly undertake any of the foregoing.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
Not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
Not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
To maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by GetFundz from time to time;
To maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for GetFundz to verify compliance with these Terms of Service and make such records available to GetFundz upon our request.
For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations or governmental authority; and at GetFundz’s request, including without limitation in case of investigations by GetFundz, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
GetFundz reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or GetFundz, or that expose you, GetFundz, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
In order to contribute to a Campaign, a Donor will be required to provide GetFundz's payment processor with information regarding their credit card or other payment method ("Payment Method") that is linked to the Donor’s account on the Services (a "Billing Account"). You, as a Donor, represent and guarantee GetFundz that such information is true and that you are authorised to use the applicable Payment Method.
You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless GetFundz, at its sole discretion, agrees to issue a refund, for example in accordance with the GetFundz Guarantee.
GetFundz uses third-party payment processing partners to invoice you by your Payment Method and Billing Account for any Donations made and Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms set forth by our payment partners (currently Stripe).
Campaign Organisers, Beneficiaries or Charities
From time to time, GetFundz may, at its sole discretion, place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following:
(i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organiser is false, misleading, or fraudulent, or that funds are being used in a prohibited manner,
(ii) if the funds available (as determined by GetFundz at its sole discretion) should be provided directly to a person other than the Campaign Organiser (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organiser),
(iii) if we have reason to believe that a Campaign or Campaign Organiser has violated these Terms of Service,
(iv) if GetFundz determines that the Campaign Organiser is colluding with donors to engage in fraudulent activity,
(v) if we have reason to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity, or
(vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
If you have questions about a Hold we may have placed on your Campaign account or need information about how to resolve the Hold, please contact us at firstname.lastname@example.org.
Withdrawing Donations from a Campaign:
While GetFundz endeavours to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and GetFundz does not guarantee that Withdrawals will be available to you within any specific time frame, and GetFundz expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organiser, are responsible for ensuring that the information you provide to GetFundz in order to process a Withdrawal, including your bank account details, is accurate and up to date. GetFundz may, at any time, for any reason, without notice, and at its sole discretion, offer or issue a refund of Donation(s) with or without consulting you, which may comprise the total amount donated to your campaign. GetFundz is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by GetFundz issuing refunds, including, but not limited to, transaction or overdraft fees.
Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including in relation to online conduct and acceptable content.
Intellectual Property Rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other intellectual property rights and laws. Except as expressly authorised by GetFundz, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part. The foregoing does not apply to your own User Content that you upload to the Services legally. In connection with your use of the Services, you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by GetFundz from accessing the Services (including by having your IP address blocked), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of GetFundz, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GetFundz. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GetFundz.
Under no circumstances will GetFundz be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that GetFundz does not pre-screen User Content, but that GetFundz and its designees will have the right (but not the obligation) at their sole discretion to refuse, remove or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services:
With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit such User Content including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing or otherwise making available any User Content or any portion thereof, in connection with the Services, you hereby grant and will grant GetFundz and its affiliated companies and users a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
Notwithstanding the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless GetFundz and its contractors and employees, from
(i) all claims for invasion of privacy, publicity or libel,
(ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion or other use or exploitation of your name, image or likeness, and
(iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness.
You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licences, waivers and releases from such person(s) for the benefit of GetFundz in a manner fully consistent with the licences, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licences, waivers and releases set forth herein (or GetFundz's exploitation thereof) and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
Payment Card Industry Data Security Standard:
The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, GetFundz is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment.
GetFundz respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GetFundz of your infringement claim in accordance with the procedure set forth below.
GetFundz will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GetFundz's Copyright Agent at email@example.com
>> (Subject line: "DMCA Takedown Request").
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, GetFundz has adopted a policy of terminating, in appropriate circumstances and at GetFundz's sole discretion, users who are deemed to be repeat infringers. GetFundz may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites/Services
The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, "Third-Party Resources"). GetFundz has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and GetFundz is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that GetFundz is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that GetFundz will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources, and you agree that GetFundz is not liable for any loss or claim that you may have against any such third party. GetFundz will only advertise on different and approved free ads classifieds from time to time to gain more visibility and give customers more changes to succeed with their campaign.
Indemnity and Release
You agree to release, indemnify on demand and hold GetFundz and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that GetFundz has the right to conduct its own defence of any claims at its own discretion and that you will indemnify GetFundz for the costs of its defence (including, but not limited to legal fees
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GETFUNDZ AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GETFUNDZ AND ITS AFFILIATES MAKE NO GUARANTEE OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
At GetFundz, we respect the privacy of our users. For details please see our Privacy Notice. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge GetFundz's collection and use of personal information as described in the Privacy Notice. Please contact us at firstname.lastname@example.org for any questionsm concerns and/or suggestions.