Terms & Conditions
Welcome to Grassrootz! These are the terms and conditions of Grass Roots Company Pty Ltd ACN 38 610 840 376 (“Grassrootz”, “we”, “us” or “our”).
Grassrootz provides its Services (described below) through the Grassrootz website www.grassrootz.com (“Website”), which hosts the Grassrootz platform (“Platform”), including an electronic payment facility (“Payment facility”), and related mobile applications and services (including any new features added from time to time), collectively, the “Services”, subject to the following terms and conditions (which may be amended from time to time, the “Terms”).
These Terms apply to anyone using the Grassrootz Services, including the beneficiaries of a donation of funds (as defined below), being primarily, but not limited to, for-purpose organisations, not-for-profits, Charities, schools and sporting clubs (“Beneficiaries”), anyone raising money through using the Services, including, but not limited to, individuals, businesses, schools, organisations, cubs, or teams (“Supporters”) and anyone making a donation to a Charity, Beneficiary or Supporter through the Services (“Donors”).
In addition to the definitions outlined above, the following apply:
Account: User account created from the Grassrootz Website.
Additional amount: means an additional amount donated to cover the Transaction Fee on the Initial Donation.
Beneficiary Information: means the information posted on the Website by the Beneficiary to promote its cause and invite Donations.
Campaign: means a campaign to promote the cause of the Beneficiary and to seek Donations from Donors.
Charities: means an organisation that can accept a tax deductible donation.
Credit card fees: Means the fee charged to Grassrootz for processing credit card payments, which is passed on by Grassrootz. Grassrootz does not mark up credit card fees. Credit card fees are shown in section 20 below.
Donation: means the Initial Amount plus any Additional Amount that is donated to the Beneficiary.
Initial amount: means the initial amount entered by a Donor as a donation to the Beneficiary.
Loss: means any damage, loss, liability, cost, charge, or expense, whether direct, indirect, consequential or incidental.
Payment facility: means the electronic payment gateway facility provided by Grassrootz which enables Donations from a Donor to the Supporter or Beneficiary.
Platform fee: means a fee charged by Grassrootz for use of the Grassrootz platform, which is calculated on the Initial amount of the Donation. Additional details are outlined below and at www.grassrootz.com/pricing/
Services: as described below.
Subscription: means the package of Grassrootz Services, as outlined at www.grassrootz.com/pricing/, which may be changed or modified from time to time.
Subscription fee: means the fee that applies to a Subscription as described at www.grassrootz.com/pricing/
Transaction fee: means the total of the credit card fees plus the Grassrootz platform fee fee, which are calculated on the Initial Amount of the Donation and payable to Grassrootz. Transaction fees are shown at www.grassrootz.com/pricing/
Upload: to make content available on the Website.
User: Anyone using Grassrootz, whether a Charity, Beneficiary, Supporter, Donor, or anyone accessing the Website.
Access and use of services
1. Services description
Grassrootz enables Beneficiaries, including Charities, and Supporters to use its Services and Payment Facility to create and administer Campaigns, and to receive Donations from Donors.
Grassrootz reserves the right, at its sole discretion, to modify the Website or Services at any time.
2. Scope of Services
Grassrootz provides a Platform and Services through our Website; we are not a Broker, Financial Institution, Creditor, Insurer or Charity. The agency held by Grassroots is limited to the delivery of online Services and a Payment Facility. Grassrootz is not a party to any agreement between a Beneficiary, Supporter or Donor. Grassrootz has no control over the conduct of, or any information provided by, any Beneficiary, Supporter or Donor and Grassrootz disclaims all liability in this regard to the fullest extent permitted by applicable law.
3. No guarantee or endorsement
Grassrootz does not guarantee that a Campaign, Charity or Beneficiary will obtain a certain amount of Donations or any Donations at all. We make no guarantee, explicit or implied, that any information provided through the Services by a Beneficiary or Supporter is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign.
We do not personally endorse any Campaign, Beneficiary, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Beneficiary, or Charity.
4. No verification
We do not and cannot verify the information that Charities, Beneficiary’s and Supporters supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Beneficiary or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Beneficiary or Charity, as applicable.
5. Beneficiary and Supporter warranty
You, as a Beneficiary or Supporter, represent, warrant, and covenant that:
a) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user;
b) all Donations contributed to your Campaign will be used solely as described in the materials that you post;
c) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, obtaining all necessary authorities required under the applicable laws and regulations to conduct a fundraising appeal, and laws relating to your marketing and solicitation for your project; and
d) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and to allow us to use such personal data for the purposes for which you shared it with us in accordance with this agreement.
6. Registration obligations
You may be required to register and create a Grassrootz Account in order to access and use certain features of the Services. If you choose to register and create a Grassrootz Account, you will provide and maintain true, accurate, current and complete information about yourself including, without limitation any billing and contract information. Beneficiaries and Supporters must register using their true identities. If you are under the age of majority in your jurisdiction, you may use the Services, with or without registering, only with the approval and appropriate supervision of your parent or guardian. If you wish to become a Supporter and you are under 16, then you will need to provide proof of your parent's or guardian's approval. Please contact firstname.lastname@example.org for further information.
7. Account, password and security
You are responsible for maintaining the confidentiality of your Grassrootz account, and password to that account. You are fully responsible for any and all activities that occur under your account. You must promptly notify Grassrootz of any unauthorised use of your account or any other breach of security. Grassrootz will not be liable for any loss or damage arising from any activity relating to your account.
8. Modifications and availability of Services
Grassrootz reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavour to give you notice of any such modification, suspension or discontinuance, however no guarantee is made that notice will be given. Grassrootz endeavours to provide high system reliability, however no guarantee is made in this regard. To the maximum extent permitted by law, Grassrootz will not be liable to you for any modification, suspension or discontinuance of the Services, or for any loss, material or otherwise, that may result from any period where the Services are not available for any reason.
9. General practices regarding use and storage
Grassrootz may establish general practices and limits concerning use of the Services, including, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Grassrootz' servers on your behalf. Grassrootz has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. Grassrootz reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time. Grassrootz will use commercially reasonable efforts to provide a Beneficiary with reasonable notice before terminating an inactive Campaign, however no guarantee is made in this regard. Grassrootz reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavour to give you notice of any such change where required by applicable law.
10. Mobile services
To the extent you access the Services through a mobile device, your service carrier's standard charges, data rates and other fees may apply. Not all Services may work on all carriers or devices.
11. User conduct
a) You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, trade marks, logos, brands, messages or other materials (“User Content”) that you upload, post, publish or display or transmit (“Upload”) or otherwise use via the Services.
b) You must not use the Services to establish or contribute to any Campaign purpose relating (directly or indirectly) to
(i) any activity that violates any law or governmental regulation;
(ii) content or campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Website or not);
(iii) illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
(iv) knives, explosives, ammunition, firearms, or other weaponry or accessories;
(v) annuities, investments, equity or lottery contracts, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
(vi) gambling, gaming and/or any other activity with an entry fee and a prize;
(vii) the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
(viii) activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Australian and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
(ix) ransom, human trafficking or exploitation;
(x) pornography or other sexual content;
(xi) offensive, graphic, perverse or sensitive content;
(xii) the defence or support of anyone alleged to be involved in criminal activity;
(xiii) offering monetary rewards, including gift cards;
(xiv) transactions for the sale of items before the seller has control or possession of the item;
(xv) collection of payments on behalf of merchants by payment processors or otherwise; or
(xvi) credit repair or debt settlement services.
(c) You must not use the Services to establish or contribute to any Campaign to transmit or otherwise upload (directly or indirectly) any content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of Grassrootz, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Grassrootz or its users to any harm or liability of any type.
(d) In addition, you must not use the Services to establish or contribute to any Fundraising Appeal that will or may (directly or indirectly):
(i) interfere with or disrupt the Services or servers or networks connected to the Services;
(ii) disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
(iii) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
(e) Grassrootz reserves the right to investigate, and take appropriate action against anyone who, in Grassrootz' sole discretion, violates any of the Terms or spirit of these Terms, including without limitation, removing the offending Content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a Hold on an Account or Campaign, and/or reporting you to law enforcement authorities or otherwise taking appropriate legal action.
a) It is your responsibility to ensure, prior to commencing a Campaign on behalf of a Charity or Beneficiary, that the Beneficiary has no objection to proposed Campaign, and that you have the appropriate Authority to Fundraise in the applicable jurisdiction. Grassrootz expressly reserves the right to suspend a Campaign in the event that we, or the Beneficiary, in our or its sole discretion, deems the fundraising activity unsuitable or inappropriate.
b) To create a Campaign your Beneficiary or Charity must have a Grassrootz Account. If your proposed Beneficiary does not have a Grassrootz account, please contact us at email@example.com and we will try to contact the proposed Beneficiary and register them with an Account on Grassrootz. We will notify you as soon as we are successful in doing so, after which you can create your Campaign. When we contact your proposed Beneficiary, we will provide you name and email. The Beneficiary may contact you to confirm your fundraising status.
c) By creating a Campaign, you must also comply with the relevant Beneficiary or Charity's code of conduct or fundraising guidelines (if any). It is your responsibility to understand and comply with such codes or guidelines, and if in doubt you should contact your Beneficiary or Charity.
d) By creating or joining a Campaign connected to a physical activity or fitness event (“Event”) you:
(i) agree, represent, and warrant that you have received consent from your medical practitioner to participate in health and fitness programs, workouts, exercises, or any other related activities connected to your fundraising activities and declare that you are physically fit and have trained sufficiently to participate in and complete the Event;
(ii) waive, release and discharge Grassrootz and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action you may have (including for negligence) arising from any injury, loss or damage of any kind that you may suffer including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of your attendance at or participation in the Event.
(iii) waive, release and discharge Grassrootz and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action you or any person under your care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person or property being pushed, carried, accompanied or in any like manner by you (including children in child-carrying devices (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of your or their attendance at or participation in the Event;
(iv) agree, represent, and warrant that you will take all necessary precautions and actions to ensure any person accompanying you, whether in a child-carrying device or not, is safe;
(v) indemnify and will keep indemnified Grassrootz and its officers, employees, contractors, volunteers and agents against all costs, losses or damages arising from or in relation to your attendance at or participation in the Event including the attendance or participation of any person in my care; and
(vi) consent to the free use of your name and pictures in any broadcast, telecast and print by Grassrootz in relation to the Event.
(a) To contribute to a Campaign, a Donor will be required to provide Grassrootz information regarding a credit card or other payment instrument. You, as a Donor, represent and warrant to Grassrootz that such information is true and that you are authorized to use the payment instrument. All Donation payments are final and will not be refunded unless the relevant Beneficiary, in its sole discretion, agrees to issue a refund.
(b) Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you authorise Grassrootz to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time by contacting firstname.lastname@example.org.
(c) You can make a Donation anonymously through the Website without registration or creating an Account. The only information collected from you in that process is the information required to complete the Donation.
(d) Some organisations may have similar names. It is solely your responsibility to ensure that your Donation is directed to your intended recipient.
14. Personal information
15. Charitable giving
Donors can make a charitable contribution to a Campaign which is deductible under your jurisdiction's applicable tax laws and regulations.
Charities can use Grassrootz to promote their cause and receive Donations through Grassrootz’ Services and Payment Facility.
Grassrootz has agreed to provide its Services for the Charity to enable the Charity to promote its cause and invite donations from the public, and to permit the Charity to use the Grassrootz payment facility to receive donations from the public, as per these Terms.
It is the Charities obligation to ensure that it has the relevant Authority to Fundraise in the applicable jurisdictions in which fundraising occurs. By using the Services and Payment Facility, you, the Charity, confirm that you have the relevant Authority to Fundraise in your jurisdiction.
17. Appointment as Agent
The Beneficiary or Charity authorises Grassrootz to act as the agent of the Beneficiary or Charity to issue a receipt for each Donation. The receipt will include:
- a statement that the receipt is issued by Grassrootz as agent of the Beneficiary or Charity;
- the name of the Beneficiary or Charity and its ABN;
- in the case of Charities, a statement that the Donation is tax deductible;
- the date the Donation was made; and
- the amount of the Donation.
18. Charity Information
The Charity must ensure that the Charity Information
(a) is in a format acceptable by Grassrootz to enable publication on the Website;
(b) does not breach any law, standards, content requirements or applicable laws of conduct;
(c) is not in breach of any of the criteria outlined in the section “User conduct” above, or have the likely effect of causing offense or harm;
(d) does not contain any instructions which if implemented might cause damage or injury to any person or property;
(e) will not expose Grassrootz to the risk of any claim, legal or administrative action.
19. Access to information
Grassrootz will provide the Beneficiary or Charity with all identification and log-in information and access to a secure, password-protected user account on the Website to enable the Charity to access the following information:
(a) the Beneficiary or Charity Information and contact information for the Beneficiary or Charity;
(b) the name, email addresses, and any other information that the Supporter or Donor has provided during the previous month; and
(c) records of all Donations and Transaction Fees.
20. Payments through the Payment Facility
Grassrootz does not charge a Supporter any upfront fees for initiating a Campaign. For Beneficiaries that are organisations or Charities, annual or monthly subscription fees may apply to use the Grassrootz Services and Payment Facility. Pricing plans are displayed at www.grassrootz.com/pricing.
a) Grassroots will subtract Credit card fees and the Grassrootz platform fee (together, "Transaction fees") from each Donation made through the Payment Facility.
Credit card fees: Grassrootz does not mark up credit card fees. Grassrootz incurs the following credit card fees which are passed on:
Visa and MasterCard: 0.90% plus 20 cents (including GST)
American Express: 1.95% plus 20 cents (including GST)
International cards: 2.9% plus 20 cents (including GST) (An international card is defined as a credit or debit card with a country of origin that is not Australia).
In the USA:
Visa and MasterCard: 2.2% plus 30 cents
American Express: 3.2% plus 30 cents
International cards: The domestic rate plus 1% (An international card is defined as a credit or debit card with a country of origin that is not the USA).
Grassrootz Platform fee: Grassrootz charges a small platform fee as follows:
For donations of more than $30, the Grassrootz platform fee is 2% plus $1, less credit card fees.
For donations of $30 or less, the Grassrootz Platform fee is 2% plus $0.50, less credit card fees.
For example, a $100 donation using a Visa Card would incur credit card fees of $1.10, plus a platform fee of $1.90 for a total of $103 (including GST). A donation of $100 using an American Express Card would incur a credit card fee of $2.15, and a platform fee of $0.85 for a total of $103 (including GST).
In the USA:
The platform fee is dependent on the type of credit card, and is capped such that the total transaction fee, which includes the credit card fee and platform fee, is not greater than 3% plus $1 for Domestic Visa and MasterCard, and 4% plus $1 for Domestic American Express cards.
For example, a $100 donation using a Visa Card would incur credit card fees of $2.50, plus a platform fee of $1.50 for a total of $104. A donation of $100 using an American Express Card would incur a credit card fee of $3.50, and a platform fee of $1.50 for a total of $105.
Donors may choose to increase the Initial amount of their Donation by an Additional amount to cover the Transaction fees. Grassrootz fees are displayed at www.grassrootz.com/pricing.
b) Charities participating in the 2018 Blackmores Sydney Running Festival acknowledge and accept that there will be an additional 3% surcharge on donations. This surcharge is payable to the organisers of the event to help offset event costs. The surcharge is deducted from the amount transferred to the Charity from the Payment Facility. For the avoidance of doubt, the 3% surcharge is between the Charity and the event organiser - no additional surcharge is paid to Grassrootz. The 3% surcharge only applies to the Blackmores Sydney Running Festival; the surcharge does not apply to any other Campaign the Charity may initiate through Grassrootz at any other time. Charities participating in the Blackmores Sydney Running Festival also acknowledge that they will be responsible for rebating the entry fee of any event participant who achieves or exceeds a minimum of $500 funds raised for the Charity if that participant so requests. Charities participating in the 2017 Blackmores Sydney Running Festival will be provided with a list of such participants, including necessary banking details, and the Charity will be responsible for issuing the rebate no later than Friday, 12 October, 2018. All Charities participating in the 2018 Blackmores Sydney Running Festival acknowledge and accept these terms.
c) Charities participating in the 2018 Jet Blue Long Beach Marathon acknowledge and accept that there will be an additional 3% surcharge on donations. This surcharge is payable to the organisers of the event to help offset event costs. The surcharge is deducted from the amount transferred to the Charity from the Payment Facility. For the avoidance of doubt, the 3% surcharge is between the Charity and the event organiser - no additional surcharge is paid to Grassrootz. The 3% surcharge only applies to the Jet Blue Long Beach Marathon; the surcharge does not apply to any other Campaign the Charity may initiate through Grassrootz at any other time. All Charities participating in the 2018 Jet Blue Long Beach Marathon acknowledge and accept these terms.
d) It is possible for Charities or Beneficiaries to add an offline donation (“Offline donation”) to a Campaign, to reflect the total amount raised for the campaign, even if payments were made outside the Payment facility. Grassrootz does not charge a transaction fee for Offline donations. You, the Charity or Beneficiary, accept that the terms for Offline donations are otherwise the same as Donations made through the Payment facility, and Warrant that any Offline donations entered through Grassrootz are a true and accurate representation of the funds received by your Charity or Beneficiary.
e) By making a Donation to a Campaign, you, the Donor, are agreeing to any and all applicable terms and conditions of our payment partners, in addition to these Terms.
f) Grassrootz will arrange for each Donation, less the applicable Transaction Fee, to be paid to the Beneficiary or Charities nominated bank account. The Beneficiary or Charity acknowledges that ordinarily it will receive Donations, once processed, in 2 business days.
g) As part of a subscription agreement with Grassrootz, the Beneficiary or Charity may modify the frequency of the payment schedule. To do so, please contact email@example.com or your Grassrootz Account Manager.
h) Grassrootz will maintain records of all Donations and Transaction Fees and provide a report accessible by the Charity through its Account on the Website.
i) The Beneficiary or Charity acknowledges that the Payment Facility, or Grassrootz, may issue an instruction to return funds for an existing Donation arising from invalidation of a payment by a financial services provider, a transfer in error or without authorisation, an instruction to pay in violation of law or terms imposed by financial services providers or where the Beneficiary or Charity is in breach of this agreement. If this occurs, Grassrootz is to notify the Beneficiary or Charity and provide the Beneficiary or Charity with a description of its cause.
j) From time to time and at its sole discretion, Grassrootz may delay payment of Donation if:
(i) we have reason to believe, in our sole discretion, that information provided by a Beneficiary or Charity is false, misleading, or fraudulent, or that funds are being used in a prohibited manner;
(ii) if the funds available should be provided directly to a person other than the Beneficiary (such as a legal beneficiary or person entitled by law to act on behalf of a Beneficiary);
(iii) if we have reason to believe that a Campaign or Beneficiary has violated these Terms;
(iv) if required by law.
It is your responsibility to determine what, if any, taxes apply to the Donations you receive or donate through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
22. Goods and Services Tax (GST)
a) Unless stated otherwise, any amount required to be paid under any other provision of this agreement is calculated to be exclusive of GST.
b) With respect to Charities:
(i) if GST is payable in relation to supply made by Grassrootz to the Charity, then the Charity will pay to Grassrootz an additional amount equal to GST payable on that supply.
(ii) Grassrootz will provide the Charity a monthly tax invoice for the supply to which that additional amount relates.
23. Charity warranties
In the case where the Beneficiary is a Charity, the Charity warrants that:
a) it complies with all applicable laws and regulations relating to the soliciting or receipt of funds for charitable purposes, including holding all necessary authorities, approvals or licences required under the applicable laws and regulations; and
b) to the extent that personal information of any person is provided to Grassrootz, including the names, email addresses and phone numbers the Charity has the authority (including any necessary consents), as required under applicable law, to provide Grassrootz with such personal information and to allow Grassrootz to use such personal information in accordance with this agreement.
c) It is permitted to use and publish any descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, trade marks, logos, brands, messages or other materials on the Website or within the Charity Information.
d) the Charity Information does not:
(i) infringe any intellectual property or other proprietary rights;
(ii) contravene any law or under contractual or fiduciary relationships;
(iii) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) pose or create a privacy or security risk to any person;
(v) constitute unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or
(vi) in the sole judgment of Grassrootz, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Grassrootz or its users to any harm or liability of any type.
24. Subscription fees
Grassrootz offers Beneficiaries and Charities a range of subscription options. Subscriptions may be arranged to be paid monthly, or alternatively, a discount is provided if paying annually in advance. Pricing is guaranteed for the period of payment.
Grassrootz subscription fees are outlined at www.grassrootz.com/pricing
If you have any questions relating to subscription fees, please contact firstname.lastname@example.org or contact your Grassrootz Account Manager.
25. Changes to fees
Grassrootz reserves the right, in its sole discretion, to change any Subscription Fees and/or Transaction Fees from time to time. If we do so, we will post the changes on the Website. Your continued use of the Services after the relevant change becomes effective constitutes your acceptance of the updated fees. All fees referred to in these Terms and on the Website are exclusive of value added tax, goods and services tax and any other applicable taxes.
Consent to Electronic Disclosures and Notices: The Beneficiary or Charity agrees that by completing registration, and indicating on the registration form that it accepts the terms of conditions of this agreement, it is deemed to be signed on behalf of the Charity. The Charity consents to electronic provision of all disclosures and notices from Grassrootz, including those required by law.
Methods of Delivery: The Beneficiary or Charity agrees that Grassrootz may provide notices regarding the Services through the Website, or by mailing Notices to the email or physical addresses provided by the Charity upon registration. The Charity agrees that electronic delivery of a notice has the same legal effect as if provided with a physical copy. A notice is agreed to have been received by the Charity within 24 hours of the time a notice is either posted to the Website or emailed to the Charity.
27. Term and termination
This agreement continues until terminated. The Beneficiary or Charity may terminate this agreement at any time by notifying email@example.com and ceasing to use the Services. Grassrootz may suspend the Services, or terminate this agreement, if:
a) Grassrootz determines, in its sole discretion, that the Charity or Beneficiary is ineligible for the Services;
b) The Charity uses the Services in a prohibited manner or otherwise does not comply with any of the provisions of this Agreement; or
c) any law or financial service provider requires Grassrootz to do so.
Upon termination of this agreement for any reason:
a) Grassrootz may immediately cease providing the Services; and
b) The Beneficiary or Charity must pay any outstanding Subscription Fee to Grassrootz as at the date of termination.
28. Governing Law
This Agreement is governed by the laws of New South Wales and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of that State and courts entitled to hear appeals from those courts.
29. Special notice for international use and export controls
Recognising the global nature of the Internet, you must comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.
30. Services Content and Software
The Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws that is not User Content which includes without limitation the technology and software underlying the Service (“Software”). Except as expressly authorized by Grassrootz, you must not to modify, copy, frame, scrape, rent, lease, loan, sell, assign, sub-licence, transfer any right in the Services or Software, or distribute or create derivative works based on the Services, in whole or in part. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Grassrootz from accessing the Services (including by blocking your IP address), you must not implement any measures to circumvent such blocking. Any use of the Services other than as specifically authorised in these Terms is strictly prohibited. Any rights not expressly granted in these Terms are reserved by Grassrootz.
The company, product, and service names and logos used and displayed via the Services are trademarks or service marks of Grassrootz or third parties who may or may not endorse or be affiliated with or connected to Grassrootz. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such trademarks or service marks, without the prior written permission of Grassrootz and/or the relevant owner. All goodwill generated from the use of such trademarks or service marks will inure to our exclusive benefit.
The Services may provide or facilitate links or other forms of access to other sites, services and resources on the internet. Grassrootz has no control over such sites, services and resources, including without limitation the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with such third party resources. Grassrootz is not responsible for and does not endorse such sites, services and resources. Any dealings you have with such third parties are between you and that third party. Under no circumstances will Grassrootz be responsible or directly or indirectly liable in any way any for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, materials, goods or services of any such third parties or in connection with your relationship with such third parties.
33. User Content transmitted through the Services
(a) You represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) any content you upload to the Website. By Uploading any content to the Website, you grant Grassrootz and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licencable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing of the Services.
(b) If any User Content contains your name, image or likeness, you release Grassrootz and its contractors and employees, from any and all liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any results of the use of your User Content.
(c) If any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Grassrootz in a manner fully consistent with the licenses, waivers and releases set out above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set out in these Terms (or Grassrootz' exploitation of them), and that the sole consideration for subject matter of the Terms is the opportunity to use the Services.
34. Retention and use of User Content
Grassrootz may preserve and/or disclose User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Grassrootz, its users or the public.
You acknowledge that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions") provided by you to Grassrootz are non-confidential and Grassrootz will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
36. Infringement claims
Grassrootz will process and investigate notices of alleged infringement and will take appropriate actions under applicable law with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Grassrootz' at firstname.lastname@example.org (Subject line: "Takedown Request"). The request must be in writing and contain the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your request is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to Upload and use the content in your User Content, you may send a written counter-notice to Grassrootz email@example.com, which must include the following information:
(a) your physical or electronic signature;
(b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(e) If a counter-notice is received by Grassrootz, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or user, we may at our sole discretion replace the removed content, or restore access to it, in 10 to 14 business days or more after receipt of the counter-notice.
38. Repeat Infringer Policy
Grassrootz may, in appropriate circumstances and at its sole discretion, terminate users who are deemed to be repeat infringers. Grassrootz may also at its sole discretion limit access to the Services and/or restrict or delete the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
39. Dispute Resolution
If you have a concern or complaint, please contact us at firstname.lastname@example.org. If our support team can't resolve you concern or complaint, then before taking any further action you must notify Grassrootz of any dispute, claim or controversy arising out of or relating to these Terms or their breach, termination, enforcement, interpretation or validity, or to the use of the Services or use of the Website (“Disputes”) by sending us an email at email@example.com setting out the details of the Dispute. Each of us must use reasonable endeavours to resolve any Dispute through negotiation in good faith. To the extent that no resolution is achieved within a reasonable period, defined as at least 60 business days, of you notifying Grassroots of a Dispute, then your sole option is to refer the Dispute to binding arbitration administered by the Resolution Institute, Australia. Any arbitration will be governed by and in accordance with the IAMA arbitration rules then in effect.
40. Suspension and Termination
(a) Grassrootz, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if Grassrootz believes that you have violated or acted inconsistently with the letter or spirit of these Terms. We may refer any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services to appropriate law enforcement authorities.
(b) Any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and Grassrootz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms.
(c) Grassrootz will not be liable to you or any third party for any termination of access to the Services.
(d) Any provisions of these Terms which by their nature are required to survive termination will do so.
41. User Disputes
You are solely responsible for your interactions with any other User in connection with the Services, and Grassrootz will have no liability or responsibility in relation to those interactions. Grassrootz reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
42. Disclaimer of Warranties
Your use of the Service is at your sole risk. Subject to applicable law, the Service is provided on an "as is" and "as available" basis. Grassrootz expressly disclaims and excludes, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
To the extent permitted by applicable law, Grassrootz makes no warranty or condition that:
(a) the Service will meet your requirements;
(b) the Service will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Service will be accurate or reliable; or
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
43. Limitation of Liability
(a) To the fullest extent permitted by applicable law, Grassrootz will not be liable for any loss of profits, loss of goodwill, loss of use, loss or corruption of data, any indirect, incidental, special, consequential, punitive or exemplary damages or other intangible losses (even if Grassrootz has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability arising from or in relation to these Terms or the Services.
(b) To the fullest extent permitted by applicable law, in no event will Grassrootz's total liability to you for all damages, losses (including contract, negligence, statutory liability or otherwise) or causes of action exceed $0.01.
(c) Nothing in these terms and conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees and warrants that cannot be lawfully limited, excluded or modified as provided under the Australian Consumer Law or other similar laws.
44. Indemnity and Release
You release, indemnify and will keep indemnified Grassrootz and its affiliates and their Directors, Officers, Executives, Employees, Contractors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms, including, but not limited to, any breach of any law relating to charitable fundraising or other relevant Act or Regulation by the Beneficiary or Charity, or any breach by the Beneficiary or Charity of this Agreement, or your violation of any rights of another.
(a) Grassrootz may, by posting the change(s) on the Website, vary these Terms, Subscription Fees and Transaction Fees at its sole discretion. If you continue to use the Services, Payment Facility and access the Website, you will be deemed to have consented to the changes.
(b) These Terms constitute the entire agreement between you and Grassrootz and govern your use of the Services, superseding any prior agreements between you and Grassrootz with respect to the Services, Payment Facility and the Website.
(c) These Terms are governed by the laws of the State of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
(d) The failure of Grassrootz to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(e) If any provision of these Terms is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
(f) To the extent permitted by applicable law, you must bring any claim or cause of action arising out of or related to use of the Services or these Terms within one (1) year after such claim or cause of action arose.
(g) Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Website.
(h) You may not assign these Terms without the prior written consent of Grassrootz, but Grassrootz may assign or transfer these Terms, in whole or in part, without restriction.
(i) The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please contact Grassrootz at firstname.lastname@example.org if you have any questions, comments or suggestions.
Thank you for using Grassrootz.
Date of Last Revision: 30 June 2018