KARMACURRENCY – USER TERMS AND CONDITIONS


1    Introduction
1.1    By accessing and using Our Sites you accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms you must not access or use the Sites.
1.2    Our Privacy Policy and all other notices and communications We provide through Our Sites will form part of and be subject to these Terms. To the extent of any inconsistency or conflict between this information and these Terms, these Terms will prevail.
1.3    We may change these Terms at any time and We will notify you the next time you login, otherwise the most current Terms will be on the Site. 

2    Definitions
Account means an account registered through the Site by a User who wishes to make a Direct Donation, purchase Charity Gifts or Charity Gift Vouchers, create a Charitable Gift Registry, redeem a Charity Gift Voucher, use the Fundraising Services or Volunteering Services.
 
Charity Gift means monetary donation purchased by a Member on behalf of a Recipient, where the Member decides which Charitable Organisation will receive the donation.

Charitable Gift Registry means a registry that a Member sets up via the Site to enable third parties to make donations towards Charitable Organisations or projects selected by the Members.

Charity Gift Voucher means a monetary donation purchased by a Member on behalf of a Recipient, where the Recipient decides which Charitable Organisation will receive the donation.

Charitable Organisation means an organisation whose primary purpose is to provide a charitable, not-for-profit or benevolent service to a community.

Comments means any Content or any other material submitted to Us by a User or Member. 

Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Site.

Deductible Gift Recipient has the same meaning under Income Tax Assessment Act 1997 (Cth).

Direct Communication means email, SMS, instant message or any other direct electronic communication. 

Direct Donation means the process by which a Member donates a sum of money to a Charitable Organisation via the Site.

Donation means all monetary donations in relation to Direct Donations, Charity Gifts, Charity Gift Vouchers and Fundraising Services.

Fundraising Charity means the Charitable Organisation nominated by the Member to receive all or part of the funds donated under the Fundraising Services. 

Fundraising Services means the services offered via the Site to Members to enable them to raise funds for Charitable Organisations.  

GoodCompany means Goodcompany Enterprises Pty Ltd (ACN 160 702 527).

Guests mean those third parties who a Member has invited to use the Charitable Gift Registry.

Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights, social media identifiers and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to Us or any information, media or process utilised by or embodied in a Site.

Karma Currency means Karma Currency Foundation Limited (ACN 124 219 129) as trustee for the Karma Currency Foundation (ABN 54 120 979 809).

Member means a User who has opened an Account and includes employees participating in Workplace Giving Services and excludes a Charitable Organisation.

Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).

Participating Organisations mean organisations, including, without limitation, companies, partnerships, firms, government agencies or departments, that engage Us to provide Workplace Giving Services to their personnel, including their employees or employees of their related entities.

Recipient means the third party who a Member purchases a Charity Gift or Charity Gift Voucher on behalf of. 

Services means any service offered on a Site.

Site means the various applications, websites & digital channels owned, licensed &/or operated by Us and/or Our third party associates on Our own behalf and on behalf of third parties from time to time, whether currently existing or developed in the future, including:
(a)    Karmacurrency.com.au, KarmaCurrency.org, KarmaCurrency.com, Give.org.au, CharityChristmasCard.org.au, FeelGoodGifts.com.au, FeelGoodGifts.org, CharityGiftRegistry.com.au, CharityGiftRegistry.org, KarmaClicks.org, GoodCompany.com.au;
(b)    related social media sites, including Facebook.com/KarmaCurrency and Twitter.com/KarmaCurrency;
(c)    white labelled workplace giving sites of Participating Organisations; and
(d)    loyalty program websites.

Tax Invoice means a valid tax invoice/receipt provided by Us to a Member, which includes:
(a)    the monetary amount donated; and
(b)    an order reference number.  

Terms means these terms and conditions between you and Us.

Transaction means any online purchase or payment facilitated by or completed via Us or a Site.

Us, We and Our mean GoodCompany.

User means a person who uses the Site.

Volunteering Services mean the advertising services offered by Us via the Site to enable Charitable Organisations to promote their volunteering opportunities or positions.

Workplace Giving Services mean the ability for personnel of Participating Organisations to make Donations or access Volunteering Services via the Participating Organisation’s customised Site.

3    Access and use of Sites
3.1    Subject to these Terms, you may access and use the Site at no charge and without registering an Account.
3.2    You acknowledge and accept that access to and use of parts of the Site may:
(a)    be restricted to Members only; or
(b)    be subject to terms and conditions in addition to these Terms,
and the imposition or removal of any access or use restrictions for any part of the Site is at Our sole discretion.

4    Privacy
We are committed to protecting your privacy. Please refer to Our Privacy Policy for further details on how We collect and protect your information.

5    Registering an Account and becoming a Member
5.1    To register an Account or become a Member you must:
(a)    validly enter your email address, a password and all other information requested in the various registration sections of the Site; and
(b)    signify your acceptance of these Terms.
5.2    You must keep your Account password confidential.  You are responsible for any activities or transactions made using your Account and We are not liable for any damage or loss which results from unauthorised access to your Account.  You must immediately notify Us of any unauthorised access or use of your Account of which become aware via the Contact Us section of the Site.
5.3    Your Account is not transferrable.

6    Donations in General
6.1    All Donations are processed in Australian dollars and made to Karma Currency in the first instance.
6.2    Karma Currency is endorsed as a Deductible Gift Recipient. Donations of $2 or more to Karma Currency are tax deductible.
6.3    Subject to clause 13.3, no person other than the person making a Donation will be entitled to a tax deduction. 
6.4    When a Member or Guest makes a Donation, payment is firstly made to Karma Currency who in turn will normally pay the Charitable Organisation identified by the Member or Guest as being the preferred recipient of the Donation though, in accordance with the law, neither We nor Karma Currency are not bound to do so.  

7    Direct Donations, Charity Gift Vouchers and Charity Gifts
7.1    Direct Donations, Charity Gift Vouchers and Charity Gifts can only be made by Members via an Account which are subject to these Terms.
7.2    For Members who select email or post (if available) as the delivery method of a Charity Gift or Charity Gift Vouchers, We will, upon processing the Transaction, dispatch the Charity Gift or Charity Gift Vouchers to the delivery address of the Recipient as provided by the Member within 10 Business Days of the Transaction being processed by ordinary pre-paid mail.
7.3    Members who purchase Charity Gift Vouchers may nominate a default Charitable Organisation (Default Charity). 
7.4    Neither We nor Karma Currency are responsible for any loss, delay or other complications associated with the delivery of a Charity Gift or Charity Gift Vouchers once forwarded to or in the possession of a third party.
7.5    Direct Donations, Charity Gifts and Charity Gift Vouchers are non refundable and cannot be redeemed for cash or be exchanged for another Charity Gift or Charity Gift Voucher without Our express written authorisation on Karma Currency’s behalf at our sole discretion.

8    Redeeming a Charity Gift Voucher
8.1    In order to redeem a Charity Gift Voucher, a Recipient must
(a)    input details of the Charity Gift Voucher as directed; and
(b)    select the Charitable Organisation(s) listed on the Site to which they would like to make a donation and the amount for each Charitable Organisation.
8.2    If the Recipient wishes to make a donation greater than the original value of the Charity Gift Voucher, the Recipient must pay the balance with his or her credit card. 
8.3    The Recipient is not entitled to claim a tax deduction by redeeming a Charity Gift Voucher, unless and only to the extent that they pay an additional amount in accordance with clause 8.2.

9    Charitable Gift Registry
9.1    A Charitable Gift Registry can only be created by Members via an Account which is subject to these Terms.
9.2    Upon completion of a Charitable Gift Registry, a Member will be issued with a unique Gift Registry Karma Key (Karma Key) and URL to provide to Guests.
9.3    Members are responsible for the use and security of the Karma Key and We are not responsible for any unauthorised access or misuse of the Member’s Charitable Gift Registry. 

10    Fundraising Services
10.1    Members are only able to use the Fundraising Services via an Account, which may be subject to further conditions in addition to these Terms.  
10.2    A Member can only commence using the Fundraising Services if it has received written approval from Us on behalf of Karma Currency authorising the Member to commence fundraising activities on Karma Currency’s behalf.
10.3    At Our sole discretion, We have the right:
(a)    to refuse a Member’s request to open an Account for the sole purpose of using the Fundraising Service;
(b)    to revoke a Member’s right to access its Account and receive Fundraising Services.
10.4    A donation made by a third party through the Fundraising Service is not refundable, and cannot be redeemed for cash or exchanged for a Charity Gift Voucher.
10.5    All funds donated by Members or third parties are paid directly into a bank account controlled by Karma Currency. 
10.6    Members and Guests may track the level of funds donated under the Fundraising Service via the Account.
10.7    Children under the age of 18 years may only use the Fundraising Services under the direct supervision of their parent or guardian.

11    Workplace Giving Services
11.1    Personnel of Participating Organisations that become Members are entitled to access the Workplace Giving Services associated with their Participating Organisation.
11.2    Any Donations will be deducted directly from the Member’s salary or wages on a pre-tax basis by their Participating Organisation in accordance with the Members instructions and the Participating Organisation’s policies.
11.3    Donations will be forwarded to Karma Currency on the Member’s behalf by their Participating Organisation.
11.4    A Donation will only be deducted and forwarded to Karma Currency if there is sufficient funds in the Member’s periodic salary or wage packet.  

12    Fees
12.1    To ensure that the maximum amount of Donations reach Charitable Organisations We may charge fees for our Services, including admin & credit card processing fees.
12.2    Any fees attributable to a Donation will be detailed at time of payment.
12.3    Any fees attributable to Workplace Giving Services are typically charged to and paid by the Participating Organisation.

13    Successful Donations and Tax Invoices
13.1    Direct Donations, Charity Gifts, Charity Gift Vouchers and Fundraising Services will only be successful when Karma Currency provide a Member with a Tax Invoice. 
13.2    Tax Invoices issued for Direct Donations, Charity Gifts, Charity Gift Vouchers and Fundraising Services will only be issued online. 
13.3    Karma Currency will issue a Tax Invoice to the Recipient of a Charity Gift Voucher, for the amount the Recipient pays, in accordance with clause 8.2, in excess of the original value of the Charity Gift Voucher.

14    Payment to Charitable Organisations 
14.1    We will procure that Karma Currency use its reasonable endeavours to ensure that:
(a)    Direct Donations, Charity Gift Vouchers, and Charity Gifts are paid to the Member’s nominated charity (Nominated Charity) and Default Charity; and
(b)    funds donated under the Fundraising Services are paid to the Fundraising Charity.
14.2    Subject to clause 14.7, if Karma Currency are unable to pay the Nominated Charity or Default Charity, We will notify the Member that the Direct Donation, Charity Gift Voucher or Charity Gift is unable to be paid and provide reasons for failure of payment. 
14.3    Once a Member has been notified by Us pursuant to clause 14.2, they will have 5 Business Days to advise Us in writing of another Charitable Organisation to receive payment of the Direct Donation, Charity Gift Voucher or Charity Gift (Additional Recipient).
14.4    If the Member fails to notify Us in accordance with clause 14.3 of an Additional Recipient, the Member is deemed to have nominated Us as the recipient of the full amount of the Direct Donation, Charity Gift Voucher or Charity Gift.  
14.5    If the Recipient of the Charity Gift Voucher does not use Charity Gift Voucher or select a Charitable Organisation within 12 months of the date of issue of the Charity Gift Voucher, We will direct 50% of the value of the Charity Gift Voucher to the Default Charity and the remaining 50% will be directed to Karma Currency.
14.6    We reserve the right to immediately cancel the use of a Charity Gift Voucher if:
(a)    We reasonably believe that the Charity Gift Voucher is fraudulent or the Member or Recipient associated with the Charity Gift Voucher has breached these Terms;
(b)    We reasonably believe that the Member or Recipient associated with the Charity Gift Voucher will use the Charity Gift Voucher for a fraudulent or unlawful purpose; or
(c)    the Member who purchased the Charity Gift Voucher reports to Us that the Charity Gift Voucher has not been delivered or has been stolen or damaged. 
14.7    If a Charity Gift Voucher is cancelled pursuant to clause 14.6(a) or 14.6(b), the Member agrees that We have, at Our sole discretion, the right to direct the full amount of the Charity Gift Voucher be retained by Karma Currency.  If a Charity Gift Voucher is cancelled pursuant to clause 14.6(c) then in Our sole discretion we will arrange for a replacement Charity Gift Voucher equal to the balance remaining on the original Charity Gift Voucher to be delivered.

15    Volunteering Services
15.1    Via Our Sites We will advertise volunteering positions and opportunities on behalf of Charitable Organisations.
15.2    We merely provide an advertising channel and do not interview, screen, undertake reference checks, legal checks, police checks, working with children checks or any form of due diligence (Vetting) about volunteers, prospective volunteer positions or the Charitable Organisation offering the position and Vetting is the responsibility of potential volunteers and Charitable Organisations.
15.3    Volunteers and Charitable Organisations will be solely responsible for contracting or engaging with each other. 
15.4    Charitable Organisations are solely responsible for directing and managing volunteers.
15.5    We have no legal or commercial relation or obligation whatsoever in connection with the activities of volunteers and Charitable Organisations in respect of volunteering positions.
15.6    Users are not permitted to market goods or services for a fee to Charitable Organisations in lieu of offering such goods or services on a voluntary basis.
15.7    Only Members are entitled to apply for volunteer positions.
15.8    For the avoidance of doubt Karma Currency has nothing to do with volunteering services. 

16    Content
16.1    We derive Content on the Site from sources which We believe are accurate and up to date as at the time of publication, however We do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any Content provided via the Site.
16.2    While We use reasonable commercial endeavours to update Content embodied on the Site, you indemnify and release us from all liability for any claim or loss that directly or indirectly results from your reliance on any Content provided on the Site.
16.3    We may engage third parties to author, design or provide Content for inclusion in the Site.  You acknowledge and agree that in relation to all Content contributed by third parties:
(a)    any views or opinions expressed in that Content are the views and opinions of that third party and not Ours; and
(b)    despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content the Site lies exclusively with the third party who provided it.

17    Transactions
17.1    Only Members are permitted to make Transactions through a Site.  
17.2    Examples of Transactions, include but are not limited to making or purchasing:
(a)    Direct Donations;
(b)    Charity Gifts; 
(c)    Charity Gift Vouchers; or
(d)    Applying for a volunteer position. 
17.3    All Transactions made through a Site will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
17.4    By completing a Transaction you agree to pay all amounts related to the Transaction.  Once a Transaction is completed, it cannot be cancelled or reversed.
17.5    You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised:
(a)    interception, modification or diversion of a Transaction request;
(b)    access or copying of details relating to a Transaction (including personal or financial information); or
(c)    failure to deliver a Direct Donation, Charity Gift or Charity Gift Voucher, where that failure is not directly caused by Our deliberate actions.
17.6    We reserve the right to modify, suspend or cancel any Transaction for any reason.

18    Communications from Us
All Direct Communications from Us to you will be in accordance with our Privacy Policy.

19    Communications from you
19.1    Members may submit or post Comments on different sections of the Site.
19.2    By submitting Comments on the Site you grant Us a non-exclusive, irrevocable, perpetual, royalty free and worldwide right to use and deal with your Comment as if We were the author or creator of the Comment.
19.3    You agree that you will not enforce any Moral Rights you may have in any Comment submitted to the Site and you agree that We may use your Comments in any manner which We see fit without acknowledgement or reference to your Moral Rights.
19.4    We may, in our sole discretion, edit, alter, move or delete any Comments without notice.

20    User Conduct
20.1    By using the Site and any Services offered on the Site, you must not:
(a)    upload any Comments to the Site that are or are likely to be offensive, defamatory or racist, or material that breaches any law or regulation or infringes any third party rights (including intellectual property rights); 
(b)    use the Site to misrepresent your identity or affiliation with any organisation or person; 
(c)    use the Site for any unlawful or criminal purpose;
(d)    use the Site in any way that causes disruption, impairment or damage to the Site;
(e)    use the Site to send junk or spam messages or forward information to a person who has not provided consent to receiving such information; and
(f)    use or access any part of the Site that you are not authorised to use or access and you must not modify, translate, sell, decompile or disassemble any part of the Site.

21    User Warranties and Indemnities
21.1    By registering an Account with Us, you represent and warrant that: 
(a)    you are 18 years of age or over, or, if you are under 18 years of age, you have your parent's or guardian's consent to enter into these Terms;
(b)    you are properly authorised to use the credit card that is being used to make the Donation (if applicable); 
(c)    all of the information you provide is accurate and complete; 
(d)    all information provided by you to Us generally and for the specific purpose of being included on a personal webpage to support the provision of Fundraising Services: 
(1)    is true and correct;
(2)    is not misleading or deceptive, defamatory or offensive; 
(3)    does not infringe a third party’s rights (including intellectual property rights); and 
(4)    can otherwise be lawfully published by Us. 

(e)    You agree to hold us harmless and indemnify Us for all losses, costs, expenses or damages that We may suffer if: 
(1)    any of the information you provide to Us is not correct; 
(2)    any representation or warranty proves to be untrue; or 
(3)    you breach any provision of these Terms.

22    Closing your Account
22.1    You may close your Account at any time.
22.2    We reserve the right, without notice to you and at Our complete discretion, to refuse to register your Account or close your Account if We believe you:
(a)    have breached any part of these Terms;
(b)    are likely to breach any part of these Terms; or
(c)    have acted against Our business interests or Reputation.
22.3    You will not be entitled to recover any amounts paid via your Account.

23    Intellectual Property
23.1    By accessing and using the Site you acknowledge and agree:
(a)    We own all right, title and interest in, or are licensed to use the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b)    any use, downloading, copying, adaption, modification, communication or reproduction of any part of the Site or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of the Site; and
(c)    you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property or Services. 
23.2    Certain software and other content provided or available through the Site may be stated to be subject to special or additional rules or conditions which will form part of these Terms. 
23.3    You agree to use the Site for lawful purposes only.

24    Download Rights
24.1    You acquire no rights or licences in or to the Site or the Content other than the limited right to use the Site in accordance with these Terms. Other than as set out in these Terms, you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Site.  
24.2    You are not permitted to offer for sale or sell or distribute over any other medium the Content or any part thereof. The Site and the information contained therein may not be used to construct a database of any kind, nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the  Site.

25    Modifying and terminating the Site
25.1    We reserve the right to modify, update or terminate the Site or any part of the Site at any time and at Our absolute discretion, without notice or liability to you.
25.2    Any change or modification to the Site or these Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.

26    Hyperlinks
26.1    We have no control over and are not responsible for the content of any third-party:
(a)    site for which a hyperlink is provided or displayed on the Site;
(b)    site framed within the Site; or
(c)    advertisements displayed on the Site.
26.2    We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 26.1.
26.3    Hyperlinks are provided on the Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.
26.4    We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements.  Your use of or reliance on any third-party website is at your own risk absolutely. 

27    Disclaimer
27.1    We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Site or Content for any particular purpose.  We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Site or the Site’s inability to meet your needs.
27.2    The use of and your reliance upon the Site is entirely at your own risk. When using the Site information will be transmitted over a medium which may be beyond Our jurisdiction or control.  Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly.  We do not warrant and cannot ensure the security of any Content you may transmit to the Site.
27.3    We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site which is beyond our direct control.  For the avoidance of doubt We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site.

28    Liability 
28.1    To the fullest extent permitted by law:
(a)    all conditions and warranties concerning the Site (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded by Us, Our liability to you is limited to the remedies contained in section 64 of the Australian Consumer Law (Cth), which you agree is your only remedy; 
(b)    in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use the Site, or in connection with a Charity Gift, Charitable Gift Registry or Charity Gift Voucher whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c)    We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site; and
(d)    remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

29    Security & Payment
29.1    All data is acquired under 128-Bit SSL Security and Members or Users whose internet browsers support global 128-Bit encryption can only use our system. 
29.2    We use commercial payment gateways and protocols in accordance with industry standards. 
29.3    All online credit card transactions performed on the Site are secured payments. 
29.4    The following are features of the payment gateway:
(a)    It is fully automated with an immediate response. 
(b)    No human intervention is required to complete this credit card transaction.
(c)    No record of your complete credit card number is made available to Us. 
(d)    All transactions are performed under 128 Bit SSL Certificate. 
(e)    Our payment gateway provider does not receive these funds; they are deposited directly with Us. 

30    General
30.1    To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
30.2    Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
30.3    We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God. 
30.4    These Terms are governed by and construed in accordance with the law of the State of Victoria and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.