Myfundraiser Terms of Service


Website Terms of Use – Fundraiser and Donor

This website (“Site”) is owned and operated by Myfundraiser Pty Ltd (ACN 619 492 965). Throughout these Organiser Terms, the terms “myfundraiser”, “we”, “us” and “our” refer to Myfundraiser Pty Ltd and its associated entities and “Myfundraiser page creator”, “Myfundraiser page owner”, “donor”, “you” and “your” refer to the individual accepting these Terms and/or any entity that you are acting on behalf of.

These terms and conditions govern the relationship between you and Myfundraiser. Please read this agreement carefully. By creating an account with Myfundraiser (“account”), you are agreeing to be bound by the following terms (“Terms”) and by the Myfundraiser Privacy Policy. You must not use or access your account or the Site in violation of these Terms. If you choose not to be bound by the Terms then you must not use your account or this Site to advertise or promote any event. 

These Terms may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services. The date on which these Terms of Service were last updated is stated at the end of this document.

Who we are and what we do

The Website and its associated services allows you to donate to, and raise funds for, any of the causes listed on the Website ("Causes") which could include charities, certain non-charitable good causes and other listed organisations. Every Cause featured has a contractual agreement with Myfundraiser authorising Myfundraiser to collect donations on its behalf. Causes are listed on this Website at Myfundraiser's discretion; however we cannot accept responsibility for the activities of the Causes. A charity must have the appropriate authorisation, permit or licence to operate as a charity, as required by the local laws of the territory in which it operates. You should read the description of each charity and non-charitable good cause carefully and be happy that they are genuine and suitable to receive your donation. Different charities,causes on Myfundraiser pages and other organisations can have similar names: it is your responsibility to check that you are donating to the Cause you intended.

Donations

Subject to the requirements of applicable local laws, and the terms and conditions of Myfundraiser, once your donation is made, it will only be refunded to you with the prior written consent of the Cause to whom it has been made, regardless of whether or not the donation had been paid to the Cause by Myfundraiser. You should therefore get in touch with the charity or other good cause first. Before a donation is refunded, the relevant Cause must agree that Myfundraiser may, subject to local applicable laws, deduct the amount to be refunded from subsequent payments to be made by Myfundraiser to the Cause. Where no further payments are due to be made to such Cause within one (1) week of the refund being made to you, Myfundraiser reserves the right to invoice the Cause for the amount of the refund and the Cause must agree to settle that invoice within one (1) month of the date of the invoice.

Myfundraiser will charge your donation to your payment card account (or other payment method available on the Website) at the time of donating. For donations made to Myfundraiser no refunds will be provided, subject to applicable local laws. If you do not agree to this you should not use the Website to make donations to Myfundraiser pages. Occasionally, the person who created the page you have donated to, does not pass identity verification or other necessary checks, or there is some other reason that we can’t transfer the funds to them. If this happens to a page you have donated to, we’ll email you to let you know that your donation will be sent to another Cause instead, subject to the deduction of our usual transaction and payment processing fees (as described below). We appreciate that you may prefer to get your money back, so if you request a refund within seven (7) days of receiving this email, we will refund your donation to your payment method (normally within a few working days).

Use of Myfundraising Services by Users under 16

It is a condition of use of the site that any person under the age of 16 using our fundraising services be appropriately supervised by an adult. The supervision requirements are as follows:

If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at info@myfundraiser.com.au.

Parental Permission for Users under 16

It is a condition of use of our website that any person under the age of 16 obtain the permission of a parent or guardian before using our fundraising services.

If you are under 16, you need to send us a properly completed Parental Consent Form as soon as you have created your Event Page, so that we can activate your page as soon as possible. For a copy of the Parental Consent Form, email  info@myfundraiser.com.au

Use of your donation

Myfundraiser does not warrant that your donations will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding the recipient Cause's use of any donation you may make through the Website or its associated services or websites powered by us or for any misuse or non-use of such donations by the recipient Cause. After donations are made, all further dealings are solely between the donor and such recipient. Please note that for donations to Myfundraiser pages, you may receive updates from the page creator to let you know more about their cause. If you would like to stop receiving these emails, you will be able to select this option in the email footer.

Please note that recipient organisations (excluding Myfundraiser page creators) reserve the right to use your donation for their general purposes. They will use your donation for any purpose in accordance with their own rules. Myfundraiser cannot guarantee that funds will be earmarked for a particular appeal. If you want your donation to be used for a specific purpose or for a particular appeal you should contact the organisation and make your donation directly to them.

Myfundraiser (or any payments platform we work with) will verify the identity of a Myfundraiser page creator and undertake any other necessary checks before any funds raised are transferred to the page creator. Myfundraiser shall have no liability to donors whatsoever for any use or misuse of donations made to the Myfundraiser page. The Myfundraiser page may state that they will use donations only for specific purposes, but Myfundraiser cannot guarantee that they will use it for such purpose. If you have any doubts as to how the money will be spent then you should contact the Myfundraiser page owner directly to seek reassurance. It is your sole responsibility, as a user of the Website, to ensure that the cause stated to be supported on a relevant Myfundraiser page is one that you wish to support.

Myfundraiser fees

Myfundraiser charges a small transaction fee on every donation made on the Website or its associated services. The fee is currently as follows:

2.9% + 2.2-2.9% payment gateway fees*

*Stripe - 2.2-2.9% + 0.30 cents (varies to cover extra month fees and international credit cards)

Paypal - 2.6% + 0.30 cents per transaction

Donations are also subject to third party payment processing fees.

Unauthorised donations

When you make a donation the transaction is final and not disputable unless unauthorised use of your payment card or other payment method is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules. Similarly, if you experience any issues of this nature when using another payment method, such as PayPal, you should contact the provider of that payment method for assistance.

Myfundraiser will never email or phone you and ask you to provide all of your payment details.

Protecting your account

When you register with Myfundraiser and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password to prevent others gaining access to your personal information. This includes any taxpayer details you may have saved under your profile. If you become aware of any unauthorised use of your account, we recommend that you change your password immediately and call our helpdesk on the telephone number set out on the Contact Us page.

Information

Myfundraiser is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website or its associated services to determine the accounting, tax or financial consequences of making a donation to a Cause. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Privacy

Myfundraiser's Privacy Policy forms part of these Terms of Service. By agreeing to these Terms of Service you also give your consent to the way we may handle your personal information under that Policy. Read our Privacy Policy.

User conduct

You must at all times use the Website and its associated services in a responsible and legal manner and ensure that the content you provide does not breach any intellectual property rights of a third party or breach any right or duty owed to a third party. In particular, but not exclusively:

In addition, you as a user must not:

Myfundraiser reserves the right to cancel your membership and delete any Myfundraiser page without notice in the event of a breach of the above rules. Myfundraiser may also suspend or delete a Myfundraiser page if the relevant charity is no longer receiving donations via Myfundraiser.

Building a Myfundraiser page in aid of a Cause in no way implies Myfundraiser's or the Cause's endorsement of your fundraising activity. Many Causes disapprove of, and do not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with the Cause first that your chosen activity does not contravene the Cause's policies. Myfundraiser reserves the right, at its absolute discretion and without notice, to cancel your personal fundraising page at the request of the Cause, in the event that the Cause, in its absolute discretion, deems your fundraising activity inappropriate or unnecessarily dangerous.

Links

The Website and its associated services contains links to other websites, including the websites of Causes. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other people or organisations through their websites or otherwise are your own responsibility.

Partner Services

Myfundraiser may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

Trademarks

The names Myfundraiser, and Myfundraiser.com, the Myfundraiser logo and any other product and service names that we may present on the Website or its associated services from time to time may not be used in connection with any product or service that is not Myfundraiser's, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Myfundraiser. Other trademarks, service marks or logos that appear on the Website or its associated services, in particular (but not exclusively) those of member charities, Myfundraiser pages or other organisations, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both Myfundraiser and the trade mark owner.

Copyright

All content on the Website and its associated services is owned by Myfundraiser, Myfundraiser page creators or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice, and that your usage complies with any requests you may receive from any person with rights in that content. No other use of the Website's and its associated services' content is permitted without the express prior permission of Myfundraiser, and, where applicable, the copyright holder.

By visiting or using the Website or any of its associated services, you agree not to (and not to use any tool, program, script, browser extension or other technique, including bots, robots, spiders and scrapers and any similar tools or methods, in order to): (i) copy (except as authorised by these Terms of Service), mirror, frame, index, scrape, mine or otherwise gather or extract any of the content or data from the Website or its associated services; or (ii) sell or distribute any data which is gathered or extracted in breach of these terms, or which is based on or derived from any such data. Myfundraiser may take any measures it sees fit to block access to the Website and its associated services where it believes that these terms have been or will be breached. You agree that you will not take any steps to try to circumvent these measures and that you will not take any steps to mask your IP address. You acknowledge and agree that where there is any actual or threatened breach of these terms, damages may be an inadequate remedy and Myfundraiser shall be entitled, without prejudice to any other rights and remedies it may have, to seek an injunction or any other equitable relief for such breach. Myfundraiser may also request that you destroy any data you have gathered or extracted in breach of these terms and you agree that you will comply with such request promptly and certify the same.

Inquiries and permission requests may be sent to info@myfundraiser.com.au

Changes to the service

Myfundraiser will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms of Service. Myfundraiser reserves its right to remove inactive fundraising pages from the Website and other services.

Failure to comply with these Terms of Service

In the event that you commit a breach of these Terms of Service Myfundraiser reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and associated services.

Termination

You may discontinue use of the Website and associated services at any time. These Terms of Service will continue to apply to past use by you.

Disclaimer and Limitation of Liability

Myfundraiser does not, and nothing in these Terms of Service shall act to, exclude or limit Myfundraiser's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website and its associated services is on an "as is" and "as available" basis and that your use of the Website and its associated services is at your sole risk. Myfundraiser does not guarantee continuous uninterrupted or secure access to our services and operation of the Website and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Service and except for the rights, guarantees and remedies which cannot be excluded, Myfundraiser does not provide other conditions, guarantees, warranties or terms in relation to the Website or its associated services, to the extent permissible by law. Myfundraiser shall undertake general maintenance and upkeep of the Website, usually be between 12.00am and 08.00 hours (AEST) on the weekends. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.

If found liable, Myfundraiser shall only be liable under these terms of Service for losses which are reasonably foreseeable and caused by Myfundraiser’s breach of these Terms of Service or Myfundraiser’s negligence. Myfundraiser's total liability to you arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of the donations you have made using the Website in the preceding 12 month period, ending on the date the circumstances giving rise to Myfundraiser's liability arose.

Any liability Myfundraiser may have to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.

Myfundraiser may change the format and content of the Website and its associated services from time to time. You should refresh your browser each time you visit the Website to ensure that you are looking at the most up to date version of the Website, including the latest version of these Terms of Service.

Nothing in these Terms of Service excludes any statutory rights which may apply to your use of the Website and associated services which cannot be excluded, restricted or modified by contract.

The Competition and Consumer Act 2010 (Cth) may confer rights, guarantees and remedies on you in relation to the provision by Myfundraiser of services on the Website, which cannot be excluded, restricted or modified. Myfundraiser does not exclude, restrict or modify those rights.

To the fullest extent permitted by law, Myfundraiser's liability for breach of any consumer guarantee, which cannot be excluded, is limited at the option of Myfundraiser to, in the case of services supplied or offered by Myfundraiser which are not of a kind ordinarily acquired for personal, domestic or household use or consumption (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

Governing law

These Terms of Service and any contractual or non-contractual dispute arising out of or in connection with your use of the Website or the associated services are governed by the law of New South Wales, Australia and are subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Third party rights

A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.

Website Terms of Use - Organiser

This website (“Site”) is owned and operated by Myfundraiser Pty Ltd (ACN 619 492 965) trading as Myfundraiser ("Myfundraiser"). Throughout these Organiser Terms, the terms “Myfundraiser”, “we”, “us” and “our” refer to Myfundraiser and its associated entities and “organiser”, “you” and “your” refer to the individual accepting these Terms and/or any entity that you are acting on behalf of.

These terms and conditions govern the relationship between you and Myfundraiser. Please read this agreement carefully. By creating an account with Myfundraiser (“account”), you are agreeing to be bound by the following terms (“Terms”) and by the
Myfundraiser Privacy Policy. You must not use or access your account or the Site in violation of these Terms. If you choose not to be bound by the Terms then you must not use your account or this Site to advertise or promote any event. 

These Terms may change or be updated from time to time. It remains your responsibility to access and check these Terms of Service wherever you access the Website. The latest version of these Terms of Service will govern any future usage by you of the Website and its associated services. The date on which these Terms of Service were last updated is stated at the end of this document.

Who we are and what we do

Myfundraiser offers the following services to event organisers (“services”):

We allow you to create an event page on our Site from our easy-to-use templates to advertise and promote your event or organisation via a unique URL; to determine the ticket price and ticket delivery methods; and give you access to our secure payment gateway (“gateway”) through which people (“buyers”) can buy tickets to your event or buy a membership registration directly from your event page. We deliver all tickets to Buyers on your behalf, through the various delivery options available, and selected by you for your customers.

We process and hold all payment from Buyers on your behalf so you do not need to set up your own payment processes. You will receive 100% of your designated ticket or registration price less the Myfundraiser booking fee.  We maintain accurate records of the number of tickets purchased for your event which we will provide to you on request so that you can easily track how ticket sales for your event are progressing; and if you want to hand over aspects of your event page management to us, or require customised pages and fulfilment processes, we can do this on your behalf for additional fees.

Your use of our Services

Myfundraiser grants you a non-exclusive, non-transferrable right to access and use the Services solely for the purposes of creating an event page, offering to sell and selling tickets or registrations to an event or organisation you have registered on the Site. In consideration of this right, you agree that we may charge a booking fee (“booking fee”).  Each ticket is issued by Myfundraiser subject to our user terms and conditions [www.Myfundraiser.com.au/terms-conditions-consumer/]. You acknowledge that you have read and agreed to these user terms insofar as they apply to you as an event organiser and user of the Site. The user terms make provision for you or the venue operator to set additional terms and conditions specifically related to your event. You must clearly outline any additional terms and conditions on your event page.

From time to time Myfundraiser may allow you to download or use software in connection with the services (for example, mobile applications or embedding code for your independent website). In those circumstances, Myfundraiser grants you a personal, non-transferable, revocable, non-exclusive licence to use such software solely for your use in connection with the Services and in accordance with these Terms and any instructions provided by Myfundraiser in conjunction with the software.

 Creating an account

To access the services, you must create an account on the Site.
You must be at least 18 years of age to create an account. The Site is for the sale of tickets or registrations to an event or organisation being conducted
in Australia only. 
If you are an individual creating an account on behalf of your employer or a company, you acknowledge and represent that you have the legal authority to represent that legal entity and to grant Myfundraiser the permissions outlined in these Terms. 

By creating an account, you authorise Myfundraiser to act as your agent in respect of ticket sales for your event and specifically to advertise and promote your event or organisation via the event page and the Myfundraiser website, and as otherwise agreed; sell tickets or registrations to the public for any event promoted on the event page; collect GST on ticket sales as applicable; collect payment from buyers and hold it on your behalf; retain all relevant booking fees; and process and deliver purchased tickets to buyers, including to email, mail or otherwise make the tickets available to buyers.

To create your account, you will need to supply a password. It is your sole responsibility to maintain the confidentiality of the password and the activities conducted by your account. Myfundraiser is not liable for any loss or damage resulting from your failure to maintain a secure account or for any unauthorised modification of the event page. 
It is your responsibility to provide and maintain accurate account information, including the user name, contact details and banking details, and you agree to notify Myfundraiser immediately of any change to this information. We are not responsible for deposits into a bank account where incorrect or out of date information have been provided to us. 
All personal information you provide will be held in accordance with the
Myfundraiser Privacy Policy.

Content of the event page

It is your responsibility to upload all relevant information to the event page and to ensure the content complies with the term of service of Myfundraiser. You agree that all content you upload is true, accurate and complete, and will be maintained and kept up to date. Myfundraiser is not liable for a failure on your part to accurately and adequately inform buyers of the terms of their purchase. This includes information regarding the date and time the tickets are available for purchase; the payment methods available to buyers; refund timeframes in the event of cancellation and/or issuing error (must be consistent with term of service of Myfundraiser); whether there is a maximum number of tickets that can be purchased in any one transaction (our user terms allow for a maximum of 10 tickets); and the delivery methods for purchased tickets.

Ownership of content

You retain ownership of information and content uploaded by you to the event page. However, to enable Myfundraiser to reproduce the event content on the Site, you grant to Myfundraiser a non-exclusive, transferrable, assignable and sub-licensable licence worldwide to all information, content, graphics, logos, images and other content (“Organiser Content”). This licence permits Myfundraiser to copy, reproduce, modify, create derivative works, publish or distribute the Organiser Content as it sees fit.


You represent, warrant and guarantee that you have all rights necessary to grant the licence;  the Organiser Content does not infringe the intellectual property or ownership rights of a third party;  you will not make any attempt to disguise the origin or owner of Organiser Content or the provider of the tickets promoted through the Organiser Content; and you are responsible for the content or reliability of any websites linked via the Organiser Content.

All content, images, software and designs on the Site other than the Organiser Content (“Myfundraiser Content”) are owned by us or used under licence or with consent, including from other event organisers. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of reviewing the event page. You may also retain a single permanent copy for your business records. You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute Myfundraiser Content without the prior written consent of Myfundraiser or as permitted by applicable copyright laws. 


The Myfundraiser Content is protected by copyright under the laws of Australia and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site.
The Site contains trademarks, logos and trade names of Myfundraiser  which may be registered or otherwise protected by law.
Myfundraiser Trade Marks will be included on all materials we generate on your behalf, including all tickets and your Event Page. You must not otherwise use any trademarks, logos or trade names which are used on the Site without our permission. Nothing contained on this Site should be construed as granting any licence or right to use any trade mark displayed on the Site.
We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

Payment

When you set up an event page on the Site, you will:

        *Stripe - 2.2-2.9% + 0.30 cents (varies to cover extra month fees and international credit cards)

Paypal - 2.6% + 0.30 cents per transaction

a)Postage and handling fee: this will be applied where a buyer requests tickets to be mailed and may include registered post and insurance costs where requested by the buyer;and b) GST.

Cancelled, varied or postponed events

If you become aware that the details of an event will need be varied (including time, date, venue, supporting acts etc.) or the event is to be cancelled, you must immediately notify Myfundraiser and promptly update the event page. 
Unless you otherwise clearly specify in the Event Content, if an event is cancelled, varied or postponed, you agree to offer to buyers a comparable ticket at a rescheduled event, or a refund of the full ticket price. You must use reasonable endeavours to notify ticket holders of a cancellation, variation or a postponement before the date of the event. Myfundraiser will assist you by providing relevant purchaser contact information; however it is your responsibility to contact the buyer. Any buyer personal information we provide to you is solely for the purpose of updating them on the cancellation, variation or postponement of an event only. You are not authorised to send buyers any unsolicited emails, mail or “spam” or to add them to your ‘mailing list’ (unless they have opted in to receive further correspondence from you during the ticketing process). 


Once you have notified Myfundraiser of a cancellation:

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with any cancelled, varied or postponed event and consequential refunds to buyers, including any short fall in refund amounts by reason of the payment by you to us of the booking fee.

Exchanges and refunds

All ticket sales are final and unless you state otherwise on the event page, you are only expected to provide a refund or exchange in accordance with the LPA Code of Practice. Where an error in ticket pricing is identified (whether due to human error or a transactional malfunction of the Site), upon request we will endeavour to cancel the ticket(s) where a refund to the purchase is to be provided.

Unauthorised content on event pages

As Myfundraiser is reproducing and promoting the Organiser Content, it is important that such content be appropriate. We consider the following to be examples of inappropriate content and as such you agree not to upload Organiser Content which:

Unauthorised use of the Site

If we become aware that you have committed, or intend to commit any of the actions below, we may take the action set out in term of service with regard to the breach of terms and immediately and without notice terminate your account and stop payment of any amount that may be owing to you. 

The following, in particular, but not exclusively, are examples of unauthorised use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:

The following in particular, but not exclusively, are examples of unauthorised use of your account and therefore such actions constitute a breach of these Terms. You agree that you will not:

Termination of Account

Myfundraiser reserves the right to terminate your account without prior notice where: you are in breach of these Terms; you are fraudulent in connection with your account;
there is a failure to pay amounts owed to Myfundraiser in a timely manner; 
you commit any act of bankruptcy as defined in the Bankruptcy Act 1966 (Cth), make a scheme or arrangement with creditors, or are placed in receivership, liquidation, administration or any form of insolvency administration or a receiver and manager or provisional liquidator of the undertaking is appointed; or your account remains inactive for a period of 2 months and there is a failure by you to demonstrate an intention to use. Myfundraiser may at its sole discretion terminate your account with 30 days’ notice.

Consequences of a breach

Myfundraiser reserves the right to monitor all content contained on the Site, including Organiser Content, to ensure compliance with these Terms. If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice alter, edit or remove any or all Organiser Content; delete your account and cancel any tickets or ticket orders that have been made by a purchaser via the account without refund; prohibit you from opening future accounts; block or limit your access to the Site; and/or take legal action against you.

Disclaimer and Limitation of Liability

You use the Site and your account at your own risk.
We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error free. Your access to the Site and/or your account may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Myfundraiser shall undertake general maintenance and upkeep of the Website, usually be between 12.00am and 08.00 hours (AEST) at the weekends. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times.We reserve the right to change or discontinue any feature or service on the Site at any time. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to the replacement of goods or re-supply of services or the replacement cost of goods or re-supply of services.
In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services. Myfundraiser disclaims any and all liability for the acts, omissions and conduct of any third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site or your Account, including any breach by you of these Terms.

General Provisions

The Terms shall in all respects be governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under these Terms. If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

Website Terms of Use – Consumer

This website (“Site”) is owned and operated by Myfundraiser Pty Ltd (ACN 619 492 965) trading as Myfundraiser ("Myfundraiser"). Throughout these User Terms, the terms “Myfundraiser”, “we”, “us” and “our” refer to Myfundraiser and its associated entities and “you” refers to the individual accessing the Site.

These terms and conditions govern the relationship between you and Myfundraiser. There may be additional terms and conditions imposed by an event organiser or venue operator in respect of an event for which you purchase tickets. It is your responsibility to review these terms prior to the purchase of tickets.

Please read these terms of use carefully. By visiting the Site and purchasing tickets and/or registrations you are agreeing to be bound by the following terms (“Terms”) and by the Myfundraiser Privacy Policy [http://www.Myfundraiser.com.au/privacy-policy/]. You must not use or access the Site or deal with the tickets you purchase in violation of these Terms. If you choose not to be bound by the Terms then you must not use the Site or purchase tickets from the Site.

Myfundraiser may vary these Terms at any time and will post the variations on this Site. By continuing to use the Site after the varied terms are posted, you agree to be bound by the variation.

Who we are and what we do

Myfundraiser facilitates the sale of tickets and membership registrations by organisers by allowing them to create an event page on the Site from which tickets or registrations can be purchased by you (“event page”), and giving organisers access to a secure payment gateway. As such, except as specified in these Terms, we are not liable for any dispute over an event or a ticket purchase. Details of the event organiser can be found on each event page. Each ticket is issued subject to the terms and conditions of the event organiser and/or the venue at which the event is held. We have no control over ticket prices, postage and handling fees or ticket delivery methods. You acknowledge that Myfundraiser acts as an agent for the relevant event organiser.  Any claims with respect to purchase of tickets or membership registrations (including cancellation or postponement of events) lie solely with the event organiser and to the extent permitted by law Myfundraiser takes no responsibility or liability for such claims.

Purchasing tickets or registrations

When you make a purchase from the Site you acknowledge and agree that:
all information you provide is true, accurate, and complete and will be maintained and kept up to date. It is your sole responsibility to maintain the confidentiality of any password you create for accessing content on the Site or in the course of purchasing tickets. You may only buy
a maximum of 10 tickets for each event unless expressly authorised otherwise by the event organiser.  The reselling of tickets is strictly prohibited. Tickets found to be resold may be cancelled without a refund and the bearer refused entry. We reserve the right to cancel any ticket and refund the amount paid where there has been an error in ticket pricing (whether due to human error or a transactional malfunction of the Site).

The event organiser has the right to add, withdraw or substitute artists, other than the primary artist, use understudies, vary the advertised program, seating arrangements and audience capacity and deny admission with reasonable cause including due to intoxication, unsociable behaviour, failing to observe lawful directions, possession of invalid or insufficient tickets or ID or health and safety precautions.

You are responsible for collecting the tickets in accordance with the delivery method chosen by you. No refunds or exchanges are provided for lost or stolen deliveries or for a failure on your part to collect (including to produce sufficient proof of identity to collect), sign for or print the tickets. It is your responsibility to allow adequate time for the delivery of tickets.

Payment

All credit card purchases are processed through our secure online payment system. The event organiser determines how you may pay for tickets and registrations. Tickets purchased on the Site are subject to a non-refundable per order booking fee which may, at the option of the event organiser, either be identified separately to you or included in the ticket price. In some cases, delivery prices and credit card surcharges will also be clearly identified and charged. Unless stated to be otherwise, charges referred to for any tickets or registrations supplied via the Site are stated inclusive of GST. A tax invoice will be provided to you upon completing your purchase of tickets. GST means the Australian goods and services tax charged under the A New Tax System (Goods and Services Tax) Act 1999. Tax Invoice means tax invoice as defined by the Act. All prices are stated in Australian dollars.

Cancelled, varied or postponed Events

Sometimes events are cancelled, varied or postponed by the event organiser due to situations which affect the performer, staff or audience. Unless otherwise stated, the event organiser will offer a comparable ticket at a varied or rescheduled event, or a refund for cancelled events. Proof of purchase may be required. The event organiser is solely responsible and liable for providing any refund or comparable ticket. So that the event organiser can contact you with information relating to your tickets or the event, we may be required to pass on your contact information. We do not authorise the event organiser to send you any unsolicited emails, mail or “spam”. We and the event organiser will use reasonable endeavours to notify ticket holders of a cancellation, variation or postponement; however the responsibility to ascertain whether an event has been cancelled, varied or postponed is yours. We do not guarantee that ticket holders will be informed of a cancellation, variation or postponement before the date of the event. In the event of a cancellation, the ticket price will be refunded on to the credit card you used to purchase the relevant tickets. To the extent permitted by law, any booking fees paid by you will not be refunded.

Exchanges and refunds

All ticket sales are final. No exchange or refund will be given except in the case of a cancelled or rescheduled event as set out in the LPA Code of Practice. For clarification, you are not entitled to a refund if:

Unauthorised Use

The following, in particular, but not exclusively, are examples of unauthorised use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:

Permitted Use of the Site

You may use the Site for your personal use only. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of viewing it. You may also retain a single permanent copy of a part of the Site for your personal use (including to purchase tickets). You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute the material on the Site without the prior written consent of Myfundraiser or as permitted by applicable copyright laws. All content, images, software and designs on the Site (“Content”) are owned by us or used under licence or with consent, including from event organisers. The Content is protected by copyright under the laws of Australia and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site. The Site contains trade marks, logos and trade names of Myfundraiser which may be registered or otherwise protected by law. You must not use any trade marks, logos or trade names which are used on the Site. Nothing contained on this Site should be construed as granting any licence or right to use any trade mark displayed on the Site. We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

Links and Third Party Content

While we will do all that is reasonable to review the appropriateness of the content on the Site, not all the information and content provided by event organisers can be checked to ensure it is accurate and/or inoffensive. You must rely on your own enquiries as to the accuracy of information provided on the Site, including venue, artist and program information, seating arrangements and audience capacity. The Site may contain links to third party websites which should be used at your own discretion. Myfundraiser does not sponsor or endorse any external website. We are not responsible for the content or reliability of any linked websites and cannot guarantee that these links will work all of the time or will not contain viruses.

From time to time, we may allow users to contribute to the Site (“User Content”), including via a user profile, bulletin board or chat area (“Contribution Areas”). The Contribution Areas are not for commercial use and you agree not to advertise or promote the sales of ticket or services of any kind via in the Contribution Areas. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. 

Myfundraiser does not accept any liability in relation to User Content or your use of or interaction with third party websites (and associate content) or businesses, nor do we make any guarantee or promises regarding the content, products or services that they provide.

Breaches of Terms

If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice: block or limit your access to the Site; cancel any tickets, registrations or ticket orders you have placed via the Site without refund; take legal action against you; and/or prohibit you from future ticket or registration purchases.

Disclaimer and Limitation of Liability

You use the Site at your own risk. We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control. Myfundraiser shall undertake general maintenance and upkeep of the Website, usually be between 12.00am and 08.00 hours (AEST) at the weekends. During these periods, the Website and its associated services may not be available for use. In exceptional circumstances, the Website and associated services may also become unavailable at other times. We reserve the right to change or discontinue any feature or service on the Site at any time. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms. The goods and services provided by Myfundraiser come with certain guarantees that cannot be excluded under the Australian Consumer Law. Our liability for any breach of those guarantees is limited to the replacement of goods or re-supply or services or the replacement cost of goods or re-supply of services. As agent for the event organiser, our services to you are solely the facilitation of ticket sales. In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services. Myfundraiser disclaims any and all liability for the acts, omissions and conduct of any event organisers, third party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site. We are not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Site, including any breach by you of these Terms.

General Provisions

The Terms shall in all respects be governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under the User Terms. If any provision of the Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.