1.1 Welcome to [Princess Taghrid Institute]. [www.pti-jo.com] (the “Website“) and its associated services are operated by Princess Taghrid Institute. These terms (“Terms of Service“) govern your use of the Website and its associated services.
1.2 The Website is an online platform where people and organizations (“Social Ventures“) can campaign and raise funds for projects to benefit social, community or charitable causes (“Social Projects“) and where Supporters can donate money (“Donation“) to support those Social Projects.
1.3 Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.
1.4 You acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the Website.
1.5 If you are accessing the Website in order to create a Social Project, you agree to these Terms of Service both personally and on behalf of your Social Venture as its authorized representative. If you are not authorized to accept these Terms of Service for your Social Venture, you must not submit a Social Project to the Website on its behalf.
1.6 These Terms of Service may change or be updated from time to time. Princess Taghrid Institute will post updates to the Terms of Service on the Website from time to time. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the Website and its associated services from the date we post the revised version on the Website.
Donating to a Social Project: General
2.1 You can donate through either a Keep What You Get campaign or an All Or Nothing campaign. You make your Donation to a Social Project, not to Princess Taghrid Institute – we introduce Supporters to Social Ventures and their Social Projects. Donations can be made via PayPal or, for Social Ventures which meet the criteria set out in clause 3.3, via credit or debit card. All PayPal Donations are processed by PayPal under the terms of your agreement with PayPal. All credit and debit card Donations are processed by Stripe or Stripe Connect or Macquarie Bank and SecurePay (our other “payment providers”) in accordance with the terms of this Agreement. Donations cannot be made by any other method. Transaction fees apply (see clauses 2.16 and 2.17 below for more information).
2.3 Princess Taghrid Institute will not pursue Supporters for uncollected Donations. It is the responsibility of a Social Venture to contact any Supporters who have pledged a Donation but whose payment has failed, and to ask them to provide an alternative payment method.
Keep What You Get campaigns
2.4 Donations to a Keep What You Get campaign will be charged to your PayPal account or credit or debit card at the time you make your Donation. PayPal and Stripe Connect Donations will be paid to the Social Venture’s PayPal account or Stripe account at or around the time of your Donation. Other credit or debit card Donations will be deposited into Princess Taghrid Institute’s trust account, and held in trust
Refund and cancelation Policy
2.5 You cannot change or cancel a Donation once the Payment has been processed. Also, you cannot be refunded.
Contributions to Princess Taghrid Institute and transaction fees
2.6 Registering on Princess Taghrid Institute is free but, when you Donate to a Social Project you will be asked to make a contribution to Princess Taghrid Institute (“Contribution“), in addition to your Donation to the Social Project. The total Contribution shown on the payment page will include all transaction fees applicable to your Donation. Transaction fees are charged by PayPal or our other payment providers; the balance of your Contribution goes to Princess Taghrid Institute .
2.7 You may amend the amount of your Contribution, but – to cover the cost of processing your Donation – the smallest amount you can Contribute is an amount equal to the transaction fees applicable to your Donation. Transaction fees may vary depending on region and other factors. The minimum transaction fee payable for all transactions is $0.30 plus 2.0% of the value of the payment
2.8 PayPal or our other payment providers process Contributions at or around the time your Donation is processed.
2.9 Unfortunately, we are not able to refund any part of a Contribution (including transaction fees) if your Donation is returned because a Social Project is cancelled or for any other reason.
2.10 In some cases, a Social Venture may offer Supporters a Perk as a “thank you” for donating to their Social 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 Social Venture, in certain unforeseen circumstances that Social Venture may be unable to deliver these perks. In such circumstances you acknowledge that delivery or lack of delivery of the perk is a matter between you and the Social Venture, and that responsibility for delivery of the perk is solely that of the Social Venture.
Tax deductions and receipts
2.11 When you make a donation, you will receive a receipt from us for the amount of your donation. In some cases donations made to a Social Venture will be tax deductible, but in other cases the donation may not be tax deductible.
2.12 It is your responsibility to confirm whether a Social Venture has deductible gift recipient status (DGR status) allowing you to claim a tax deduction. It is also your responsibility to determine whether any perks received in exchange for your donation will prevent you from claiming your donation as a tax deduction.
2.13 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 donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.
Creating and Running a Social Project
3.1 All requests to set up a campaign for a Social Project are vetted by Princess Taghrid Institute prior to launch. Social Ventures must provide full details of their status and their proposed Social Project.
3.2 The acceptance of a Social Project for inclusion on the Website is at Princess Taghrid Institute ‘s sole discretion. Submissions for Social Projects must meet certain qualifying criteria in order to be considered for listing on the Website. They must:
(a) include the fundraising target (“Fundraising Target”) and the expiry date of the campaign (“Fundraising Deadline”);
(b) include your name, email address and phone number;
(c) include a description of your campaign, what you intend to raise funds for and whether you plan on offering Perks, Impact levels or neither;
(d) if the Social Venture qualifies under clause 3.3 below and wishes to accept direct credit and debit card Donations, include details of the bank account to be used to collect Donations (the account name, BSB and account number) and a scanned copy or photo of a recent bank statement or deposit slip showing such details;
(e) be supported by appropriate evidence of identity of the Social Project user account holder; and
(f) comply with the fundraising laws of each State of the Commonwealth of Australia.
3.3 When you submit a Social Project for listing on the Website, you represent and warrant that you are authorized to agree to these Terms of Service on behalf of your Social Venture. You also agree to appoint us as your agent, and we accept appointment as your agent, for the purposes of providing receipts to donors who donate to your Social Venture.
3.4 Social Ventures may accept Donations via PayPal or via the direct credit and debit card facility:
3.5 Fundraising Targets and Fundraising Deadlines may not be altered once a Social Project is submitted for approval. However, once the Social Project campaign commences, you may edit the Content of your Social Project page, provided this does not alter the substance of the Social Project (to be determined by Princess Taghrid Institute in its sole discretion).
3.6 Fundraising campaigns for Social Projects are limited in duration to a minimum of 1 day and a maximum of 90 days from the date the campaign goes live on the Website. We do not accept any responsibility for any Social Project not reaching its Fundraising Target by the expiry of the Fundraising Deadline.
3.7 If you are a Social Venture, you must:
(a) not use the Website to solicit or recruit real-life volunteers or employees for Social Projects;
(b) promptly answer any questions or provide any information or evidence requested by Princess Taghrid Institute to ensure the quality of the Social Project campaign, or to verify any details of the Social Project or your status as a Social Venture;
(c) keep your Social Project page on the Website updated with accurate information during the campaign;
(d) inform Princess Taghrid Institute immediately if anything compromises the integrity, potential success or existence of your Social Project;
(e) complete all Social Projects for which Donations are collected via the Website substantially in line with the budget plan set out on your Social Project page, or refund Supporters’ Donations immediately in full;
(f) provide a minimum of two updates on the progress of your Social Project and about how Donations have been used on the Website at or around 1 and 6 months after the Funding Deadline;
(g) refrain from taking any action in reliance on receiving Donations until they have been remitted to you and you have right and the ability to withdraw or spend these Donations;
(h) correctly calculate and remit all taxes (including GST), levies or similar, if any, which are applicable to Donations made to you;
(j) obtain and continue to maintain, any necessary licenses, consents, approvals or other permissions required to use the Website and create and run a Social Project (if any); and
(k) comply continuously with all laws, legislation, rules, regulations and industry standards applicable to you as a Social Venture.
3.8 You may offer to provide non-monetary incentives to Supporters as part of a Social Project campaign (“Perks“), although you are not obliged to do so. You may offer one or more Perks per Social Project and may set qualifying Donation criteria for each Perk (for example, a different Donation threshold for each Perk).
3.9 You agree that Princess Taghrid Institute has the right, but not the obligation, to vet all Perks which you wish to offer.
3.10 You represent and warrant in favor of Supporters and us that:
iii. for ‘keep what you raise’ campaigns, at the time of posting the Social Project on the Website and until all Perks are provided to qualifying Supporters, you have and will maintain sufficient funds on hand to provide any and all Perks offered; and
3.11 Offering financial products, securities or other proprietary interests or rewards, such as ownership, financial returns (e.g. profit share), cash and cash equivalents, or Donation 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).
3.12 Princess Taghrid Institute does not represent, warrant or guarantee that the offering of Perks will be legally permissible in all cases, nor that offering such Perks will not affect an organisation’s charitable, non-profit or other status or taxation position. It is your responsibility to determine whether you are legally permitted to provide such Perks or whether doing so would compromise your status, or affect your liability to collect or pay taxes.
Use of the Website
4.1 You must register with Princess Taghrid Institute and create a User account in order to donate to, or create and run, a Social Project, or to use certain other aspects of the Website. You can register by completing a registration form or by logging in via Facebook on the Website or one may automatically be created for you when using certain functions of the Website.
4.2 You must be 18 years or older to register with Princess Taghrid Institute and to use the Website and its associated service.
4.3 You must provide accurate, complete, and current information when you register with Princess Taghrid Institute and must keep this up to date. Failure to do so constitutes a breach of these Terms of Service 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:
4.5 It is your responsibility to ensure the safety and security of your Princess Taghrid Institute User account. You must not tell anyone the password to your User account or allow any other person to access it. You must take care not to leave your password and User account details where someone else could find them.
4.6 You are responsible for all activity that occurs under your User account. You must immediately notify Princess Taghrid Institute of any unauthorized use of your account or password, or other known account-related security breach.
4.7 A Social Venture may have more than one registered User, but only one User may create, run and edit each Social Project page. Social Ventures must not allow their members, employees or other persons linked to the Social Venture to share login details.
4.8 Princess Taghrid Institute reserves in its sole discretion the right, at any time and without notice:
(a) cancel, reject, or suspend a Social Project campaign or User account;
(b) cancel or reverse a Donation made to a Social Project; and
(c) remove, edit, or modify any Content, including, but not limited to, any User submission,
for non-compliance with these Terms of Service, and in cases where Princess Taghrid Institute suspects fraud or error, or for any other good reason.
4.9 Princess Taghrid Institute also reserves the right to reverse a Donation made to a Social Project including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Donation is processed, including without limitation in the case of a charge back as contemplated by clause 3.13. Any fees will be deducted from the original amount of your Donation prior to us issuing any refund to your account.
4.10 Subject to clause 3.8, making a Donation does not entitle a Supporter to any interest in, or benefit from, the Social Project.
Content License and Intellectual Property
4.11 You may submit Content to us for inclusion in a Social 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 license 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 organization to do any of the things referred to in (a) (“License“).
For the avoidance of doubt, the Licence will survive the termination of these Terms of Service.
4.12 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 moral 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 Princess Taghrid Institute ‘s request.
4.13 You agree to do everything necessary (including, without limitation, on request, executing any document) to give Princess Taghrid Institute the full benefit of the License.
4.14 All intellectual property rights comprised in or relating to the Website (including the [Princess Taghrid Institute ] logo and site design) and the name Princess Taghrid Institute .org (“IP“) belong to Princess Taghrid Institute 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 of Service (or otherwise on the Website) constitutes a transfer or license of any IP to you. You must not use any such IP without the express permission of Princess Taghrid Institute 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 of Service, entitling Princess Taghrid Institute to terminate your User account immediately (without affecting any other rights Princess Taghrid Institute may have).
4.15 Except to the extent that applicable laws prevent Princess Taghrid Institute 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
4.16 You personally represent and warrant to Princess Taghrid Institute that:
(a) you are least 18 years of age
4.17 You represent and warrant to Princess Taghrid Institute , personally and on behalf of your Social Venture, that:
(a) you have the legal capacity and authority to agree to these Terms of Service and grant the License (including, if you are accepting these Terms of Service on behalf of a Social Venture, that you are authorized to do so) ;
4.18 You agree that you will not take any action, submit Content or offer a Perk 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 unauthorized access to or otherwise interfere with the proper function of any security measures, software, hardware, or telecommunications equipment or information of Princess Taghrid Institute 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 organization;
(f) imposes or may impose (as determined by Princess Taghrid Institute ) an unreasonably large load on Princess Taghrid Institute ’s 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 subclasses (a) to (g).
4.19 You agree to indemnify Princess Taghrid Institute , 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 willful 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 License 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.
4.20 You agree to notify Princess Taghrid Institute of any matter(s) that could reasonably be expected to fall within clause 4.25 above as soon as possible after you become aware of such matter(s).
4.21 Princess Taghrid Institute reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you must assist and cooperate with Princess Taghrid Institute in asserting any available defenses.
4.22 The indemnities in clause 4.25 above survive termination of these Terms of Service.
Disclaimers and Limitation of Liability
4.23 If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights“), which cannot be excluded or limited by Princess Taghrid Institute . Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms of Service 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) Princess Taghrid Institute 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 of Service; and
(b) our use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.
4.24 If your Consumer Rights prevent Princess Taghrid Institute from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 4.30 in relation to the services offered on the Website, to the extent to which Princess Taghrid Institute is entitled to do so and despite any other provision in these Terms of Service, Princess Taghrid Institute limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at Princess Taghrid Institute ‘s option:
(a) the supply of the affected services again; or
(b) the payment of the cost of having the affected services supplied again.
4.25 Princess Taghrid Institute introduces Supporters to Social Ventures via the Website, but it is a Supporter’s responsibility to investigate independently and satisfy him or herself as to the identity of a Social Venture and the veracity of any claims on a Social Project page. Subject to clause 4.29, Princess Taghrid Institute does not represent, warrant or guarantee:
(a) the identity, contact details or bona fides of the Social Venture, or the accuracy of any statements made on Social Project pages;
(b) the feasibility, suitability, appropriateness or success of a Social Project;
(c) that the Social Venture will use your Donation for the Social Project in accordance with the statements on its Social Project page;
(d) the Social Venture’s capacity or willingness to carry out a Social Project or provide any Perks offered; nor
(e) that the full amount of Donations collected or pledged on the Website will be received in full and without deduction by a Social Venture in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if a Supporter does not have sufficient funds available or has had their credit or debit card cancelled at the time PayPal attempts collection).
4.26 To the fullest extent permitted by law and subject to clause 4.29, Princess Taghrid Institute 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) Princess Taghrid Institute ‘s exercise of its rights under clause 4.8; and
(d) the failure by a Social Venture to meet its obligations under these Terms of Service.
4.27 Neither you nor Princess Taghrid Institute will be liable for any delay in performing or failure to perform any of our obligations under these Terms of Service if that delay or failure is due to an Intervening Event. A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.
Third Party Sites
4.29 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, Princess Taghrid Institute . When accessing third party websites, you do so at your own risk.
4.30 If you are a Supporter, Princess Taghrid Institute may terminate your access to the Website and/or your User account immediately (or at a later time), without cause or prior notice.
4.31 If you are a Social Venture, Princess Taghrid Institute 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 of Service and, in Princess Taghrid Institute ‘s reasonable opinion:
(a) your breach is significant or serious; and
(b) suspension or termination of access, as applicable, is justified by your breach.
4.32 If you wish to terminate your User account, you may do so by following the instructions on the Website.
4.33 Upon or at any time after termination of your User Account for any reason, Princess Taghrid Institute will delete your Content except to the extent that Princess Taghrid Institute is required to retain it by law, or you consent for Princess Taghrid Institute 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. Princess Taghrid Institute has 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 of Service
4.34 Princess Taghrid Institute reserves 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. Princess Taghrid Institute does not guarantee that any content, including your Content, will be available through the Website at all or specific times.
4.35 These Terms of Service 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. Social Project means a social initiative that is created by a Social Venture and which for which that Social Venture campaigns for Donations through the Website. Social Venture means a registered charity, organization, group or entity which campaigns for a Social Project through the Website, on a not-for-profit basis, and where the context permits includes anyone acting on its behalf or with their express or implied authority. Supporter means the holder of a Princess Taghrid Institute user account who donates to a Social Project.