Terms and Conditions
These Terms must be read together with any Terms and Conditions specific to a particular
event (Event Terms) and which are located on the fundraising page for that event.
If there is any conflict between these Terms and any Event Terms, then these Terms
will prevail to the extent of the inconsistency.
Introduction and acceptance of terms
Welcome to the GoFundraise fundraising platform. This website
is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A
Boundary Street, Rushcutters Bay NSW 2011 (GoFundraise, We, Us).
The use of this website, and all services and online tools (the Platform) that GoFundraise
makes available to donors, registrants and other users of the GoFundraise service
(Users, You, Your) is governed by these Terms & Conditions
(Terms). Your access and use of the Platform constitutes
your agreement with, and acceptance of these Terms, and if You do not accept these
Terms You may not use or continue to use the Platform.
These Terms and Conditions may change or be updated from time
to time and it is Your responsibility to ensure that You remain in agreement with
the current Terms posted on this Platform.
New Zealand Users and NZ Non-Profit Organisations
If You have accessed this website from New Zealand, and/or:
wish to donate to a New Zealand Non-Profit organisation with Registered Charitable
Status or Donee Tax Status, the Terms governing Your use of the Platform are
You are a Non-Profit Organisation and wish to use the GoFundraise Platform for fundraising,
then the Terms for New Zealand will govern Your use of the Platform, and You must
also agree to additional terms here.
The Platform is an online fundraising facility. GoFundraise acts
as agent of the Not-For-Profit Organisations (NFPs) and
other users of the Platform facilities (Other Clients) (Other Clients and NFPs together
and each a Beneficiary) with limited authority adequate to facilitate the collection,
accounting and payment of funds raised. The GoFundraise agency is limited to the
delivery of online services and consequential accounting. Beneficiaries and Users
are given access to functionality that enables them to create fundraising campaigns,
build web pages and contact their networks. All such actions are the actions of
the relevant Beneficiary or User. As a general proposition, GoFundraise accepts
no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
Every Not-For-Profit Organisation (NFP)
listed on this Website has a contract with GoFundraise authorising Us to collect
donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit
status of NFP’s during the registration and contracting process.
Despite clause 5, GoFundraise accepts no liability for ensuring
that any Beneficiary applies the proceeds received from a donation in any particular
way. If a User is dissatisfied with a Beneficiary's use of any donation the User
makes through the Platform, the User should contact that Beneficiary directly.
GoFundraise charges a small service fee of between 3.95% - 6%
(depending on the plan of the Beneficiary) for its services. The fee is deducted
from gross donations collected on behalf of the Beneficiary, or Organisation.
Regular giving payments are charged at 3.95% +GST to the Beneficiary.
GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt) . These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
An example of the way this fee structure works is as follows:
Administration fee of 6%
GST @ 10%
Credit card processing fee 1.1%
Credit card fee per transaction
Donation to charity
Charity Reclaim GST
Total Net Amount To Charity
If GoFundraise provides services additional to the collection of donations through
the Platform at the request of a Beneficiary, then fees for those specific services
Credit card payments
Any donation, purchases or other transactions made through the Platform by a User
inserting that User’s credit card details is final and not disputable. Where there
has been an unauthorised use of a User’s credit card, and the unauthorised nature
of that use is proved on the balance of probabilities, then the donation will be
refunded unless it has already been credited to the relevant Beneficiary.
Regular Giving payments
Regular Giving is a functionality that provides Users the opportunity to schedule
regular donations. A User can modify the amount and frequency of a Regular Giving
payment up to 72 hours prior to a scheduled payment. The User may update this information
through the 'My Donations & Purchases' area, located under 'My Account'. The minimum
regular giving payment is $2.00 AUD.
To cancel a Regular Giving payments the User must email
or calling 1300 889 272 or + 61 29326 9877. Cancelations
take up to 7 working days to take effect.
Any payment that occurs before this time cannot be cancelled and will not be refunded
by GoFundraise. Users will be notified via email that your payment has been cancelled.
It is the Users responsibility to ensure that cancellations have been made, if you
do not receive a confirmation within 7 days please call 1300 889 272 or + 61 29326
All receipts will be generated and emailed to you on the day your regular payment
is made and are available for download under the Users My Donation and Purchases
TicketSales and Raffles
The Platform provides Beneficiaries of a specific account class with the functionality
necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations
as to the compliance by Beneficiaries with the laws applicable to the conduct of
events or raffles. Users must establish to their own satisfaction the propriety
or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary
directly. Any disputes about raffles must be directed to the raffle organiser.
Payments made by Users through the Platform for Raffle tickets are non-refundable.
Please choose carefully.
You can donate anonymously through the Platform without registration. The only information
collected from You in that process is the information required to complete the donation.
You may also register Your details and be added to the Platform database. Acceptance
of Your registration and the continuation of it will be subject to these Terms and
You must keep Your personal login information safe, private and secure at all times.
This extends to:
not allowing any other person to use their login information or hold themselves
out as You;
not disclosing, or allowing a copy to be discovered of the login information of
the User; and
regularly updating any passwords or other unique identifiers used in conjunction
with the login process to minimise the chance of misuse of login information.
Indemnity for misuse of Your login information
GoFundraise accepts no liability for acts carried out by any person using Your personal
login information, and You indemnify GoFundraise from any costs, expenses or damages
paid or payable by GoFundraise in connection with your breach of clause 18.
Personal fundraising pages
Users who have registered with GoFundraise may establish a fundraising page or pages
(Personal Page) on the Platform to fundraise for a Beneficiary.
All external funds raised by a User with a Personal Page must be donated exclusively
through the Platform.
Where a registered User builds a personal fundraising page in favour of a Beneficiary,
the Beneficiary must be first registered on the Website. The creation by a User
of a Personal Page in no way implies the endorsement of the fundraising or other
activity promoted on the page by GoFundraise or the Beneficiary.
GoFundraise reserves the right to delete a Personal Page at the request of a Beneficiary
in the event that the Beneficiary gives GoFundraise written notice that it deems
a fundraising activity promoted on a Personal Page to be inappropriate or unnecessarily
Where a User builds a Personal Page on the Platform, the User must ensure that the
data, including without limitation all text, pictures, graphics, audio, video, images
and other data or information uploaded to the Personal Page does not:
- infringe the intellectual property rights (including copyright) of any third party.
detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or
any affiliates or partners of GoFundraise;
- be misleading or deceptive as to the nature, type, service or benefits of the Content;
- be misleading as to that User’s identity or affiliation with any person or group
- contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful
contain vulgar and/or suggestive language or images or innuendo or slang of a sexual,
immoral, racist or violent nature.
In addition, You must not use the Platform to:
- send junk email or spam to people who do not wish to receive email from You;
conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes
or chain letters;
interfere with, or disrupt, the service or services or networks connected to the
service and introduce any computer virus (including any variant or similar malicious
code or instructions) to the JG systems;
provide a donor with any gift, prize or any other form of incentive in connection
with the making of any donation by another User.
Except in relation to a User’s Personal Page, a User may not remove, alter, add
to or change anything on the Platform.
GoFundraise does not actively and/or continuously moderate the Personal Pages built
on the Platform but reserves the right to remove or edit any Content posted on the
Platform at its sole discretion and without notice, regardless or whether or not
it is, in the opinion of any third party, in breach of these Terms and Conditions.
If a User notices any Content posted in breach of these Terms or that the User considers
otherwise offensive or unlawful, the User should contact GoFundraise at
The User warrants that all Content uploaded by the User to a Personal Page or otherwise
(User IP) is owned by the User or the User has the necessary
rights and/or permissions to:
and the User indemnifies GoFundraise from any costs, expenses, claims or damages
paid or payable by GoFundraise in connection with a claim by any person that the
User IP infringes the Intellectual Property Rights of that person.
- use the Content for the purposes of the Personal Page; and
- to grant the licence comprised in clause 24,
The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable,
licence to use, copy, perform, modify and create derivative works of the User’s
Content, in whole or part, as contemplated by these Terms.
The User acknowledges and agrees that upon receipt and notice of any claim under
this section, GoFundraise may immediately remove any User content from the Platform
without liability. Any claims of any complaining party will be referred to the User.
Authorisation to Fundraise
If You are raising funds for an Authorised Fundraiser (charity or cause) within
New South Wales You will be issued with an Authorisation to Fundraise (ATF)
by your chosen charity or cause (Authorised Fundraiser)
as is required under the Charitable Fundraising Act, 1991 (NSW).. . ATF will be
signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that
you are authorised to fundraise consistent with the information that you have specified.
The ATF will commence on the date You create a fundraising page and expire on the
date specified and if no date is specified then six months after the creation date.
You will only be authorised to fundraise, whether as a face-to-face collector as
discussed ion clause 28 or through Your fundraising page only, through the Platform,
where receipts will be automatically emailed to Donor.
If You wish to solicit funds from the public face to face for the Authorised Fundraiser,
You may do so under the terms of the ATF and in accordance with the Code of Conduct
and Fundraising Guidelines. To conduct face-to-face fundraising You must download,
print out and wear your Identification badge at all times when You are soliciting
funds from the public. The badge must be returned to the Authorised Fundraiser when
the fundraising has ended. The necessary identification badge & ATF may be accessed
via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of
Code of Conduct & Fundraising Guidelines
By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's
Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your
"My Fundraising Page" area. If You are unaware of what these are then please contact
Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions
then You must not create a fundraising page, or if You have already created the
page, delete it immediately.
Termination of Use
GoFundraise reserves the right to reject a registration application or terminate
use of the Platform by a registered User without cause or any obligation to discuss
the matter with that User. Without limiting the rights reserved in this clause,
We may terminate the use of the Platform by a User if:
a serious complaint is received or a number of complaints (amounting to what we
determine as a serious complaint) are received about the User and his/her/its
- conduct in using the Website;
- You breaches these Terms and Conditions, whether the breach is material or otherwise;
- if We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
For the purposes of these Terms, “Intellectual Property Rights” means all intellectual
property rights, including but not limited to:
patents, copyright, rights in circuit layouts, registered and unregistered designs,
registered and unregistered trademarks, knowhow and the right to have confidential
information kept confidential; and
any application or right to apply for registration of any of the rights referred
to in paragraph (a).
GoFundraise owns or has the right to use all Intellectual Property Rights comprised
in the Platform. A User must not:
assert any ownership or rights in respect of the Intellectual Property Rights in
reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile
or amend the underlying materials containing the Intellectual Property Rights in
the Platform in any way, whether directly or indirectly, or authorise any other
person to do so
No use of Content on the Platform is permitted without the prior written consent
of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable
GoFundraise will make reasonable commercial efforts to maintain the performance
of the Platform and continue to deliver services to Users. Despite this clause,
the User acknowledges and agrees that GoFundraise cannot and does not guarantee
continuous operation of the Platform or the integrity of the data stored or transmitted
in or through the Platform or the public Internet. The disclaimer of warranties
in this clause replaces all other representations or warranties, whether statutory,
express or implied that may have been made by GoFundraise or be found in these Terms
or in the relationship between GoFundraise and Users and all such representations
and warranties that may be excluded at law are excluded.
Limitation of liability and indemnity by User
GoFundraise will not be liable for direct, indirect, special, incidental, consequential,
punitive or exemplary damages of any kind whatsoever including any damages for lost
data, lost business, lost profits, injury, claim, liability or damage or failure
of security resulting in any way from:
- the use of the Platform by a User;
(b) the representations or activities of a User on or through the Platform, whether
acting with or without the authorisation of a Beneficiary; or
36(c) the representations, opinions or activities of Beneficiaries made on or through
The User indemnifies and holds GoFundraise, its affiliates, officers, employees
and agents harmless from any liabilities, claims, expenses or demands, including
legal fees and costs made by any third party due to or arising out of or in connection
- the use or misuse of the Platform by the User;
- Content uploaded by the User;
- the breach by the User of these Terms; or
- any liability arising out of the use of a User’s account.
A party notifying or giving notice to GoFundraise under these Terms must do so by
- in writing;
addressed to GoFundraise at the address set out at the beginning of these Terms;
- left at or sent by prepaid post, facsimile or email to that address.
A notice given in accordance with clause 33 above, will be deemed received:
- on the date of delivery, if left at the recipient’s address;
- Five days after the date of posting if sent by prepaid post; and
if sent by facsimile, when the sender’s facsimile system generates a message confirming
successful transmission of the total number of pages of the notice unless, within
eight business hours after that transmission, the recipient informs the sender that
it has not received the entire notice; and
if sent by email, on the day the email is sent (as long as the sender has not received
a delivery failure message in relation to that email).
The laws of New South Wales and the Commonwealth of Australia (as applicable) govern
these Terms and Conditions.
Clauses 15, 23, 24, 28, 29, 30, 31 and 32 survive termination or expiry of these
Terms as between GoFundraise and the User.
understanding and agreement between the User and GoFundraise and supersede any and
all prior oral or written communication on the subject matter contained in them.
If any provision in these Terms and Conditions is held invalid, then such provision
(to the extent it is invalid) is deemed severed from these Terms and Conditions
and the remainder will not be affected.