By accessing and using the Site 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 Site.
We may change these Terms at any time without notice. Please review these Terms regularly when You access the Site to ensure You are aware of any changes made.
Account means an Account registered through this Site.
Content means data, information, e-Newsletters, software, text, blogs, images, movies, animations, links or other references to other websites, persons or information or any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the website.
Digital Product means a Product which is delivered electronically to the purchaser via the Internet.
Direct Communication means email, SMS, instant message or any other direct electronic communication.
Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in Evergiving.
Intellectual Property Rights means all statutory and other proprietary rights in respect of all intellectual or industrial property including all trademarks, patents, copyright, confidential information and all other Intellectual Property as defined by Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967 and the right to register them.
Member means a User that has registered an Account with Us to access the Service.
Physical Products means any Product which is not a Digital Product. Products mean Physical Products and Digital Products.
Services mean the Services offered by Us through this Site to Members. Site means all web pages located at www.evergiving.com including all sub-domains and related Sites.
Terms means these website Terms and conditions between You and Us. Us, We and Our mean Evergiving of 7/142a Glenayr Avenue, Bondi Beach, NSW 2026.
User means a User who has complied with these Terms and accesses the Site but does not have an Account.
3. About Us
Evergiving is an Australian company that provides mobile charity fundraising applications.
We are not affiliated or associated with the Users of Our Products.
4. Access and use of Site
Subject to these Terms, You may access and use the Site at no charge and without registering an Account.
You acknowledge and accept that access to and use of parts of the Site may:
(a) be restricted to Members;
(b) be subject to Terms and conditions in addition to these Terms; or
(c) require payment, and the imposition or removal of any access or use restrictions for any part of the Site is at Our sole discretion.
6. Registering an Account
It may be necessary to register an Account to access various Services and Products.
When Account registration is required You will be notified at the time of registration and required to follow Account registration procedures which may include You being required to:
(a) validly enter Your email address, a password and all other information requested in the registration section of the Site;
(b) signify Your acceptance of these Terms in addition to any other conditions which apply to that Product or Service which are displayed at that time; and
(c) pay a fee.
Accepting these Terms and any additional Terms and conditions displayed during the registration process is an important part of the registration process and You should carefully read these Terms and any additional Terms and conditions which apply before registering an Account with Us.
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 You become aware via the Contact Us section of the Site.
Unless otherwise stated in any additional Account registration Terms Your Account is not transferrable and You may only register one Account.
When registering an Account You must provide Us with accurate and truthful registration information, including, but not limited to, Your name, address, telephone number, and email address to keep Your registration information current.
We derive Content 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, suitability, accuracy or completeness of any Content provided via the Site.
While We use reasonable commercial endeavours to update Content embodied in the Site,You indemnify and release Us from all liability for any claim, loss, damage, cost or expense that directly or indirectly results from Your reliance on any Content provided on the Site.
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 Site 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 lies exclusively with the third party who provided it.
In relation to e-Newsletters, this Content is intended to provide general information only in summary form on pertinent topics, current at the time of first publication.
We may enable You to upload and analyse data using online Tools.
You acknowledge and accept that when using Tools:
(a) the processing, analysis and outputs generated by Tools are dependant on the accuracy and suitability of the data You provide and input into the Tool;
(b) any Tools provided on the Site utilise processes and calculations which are intended to have a general application and accordingly may not be suitable for Your specific requirements; and
(c) all Tools, and any output generated by Tools, are intended to provide guidance only and any reliance You place on the outputs and results generated by Tools is entirely at Your own risk.
You may be required to make a make Transaction through the Site for Products and Services.
All Transactions made through the Site will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
All Products and Servicesoffered on the Site are subject to the restrictions and disclaimers contained in these Terms in addition to any other Terms and conditions which apply to those Services.
By completing a Transaction You agree to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Site it cannot be cancelled or reversed.
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 Digital Product, where that failure is not directly caused by Our deliberate actions.
We reserve the right to modify, suspend or cancel any Transaction for any reason.
10. Communications from Us
11. Comments and Posts
The Site may allow Users to submit or post Comments on different sections of the Site.
By submitting Comments to Us, You grant Us a non-exclusive, irrevocable, perpetual, royalty free and worldwide licence to use and deal with Your Comment.
You agree that You will not enforce any Moral Rights You may have in any Comment submitted to Us and You agree that We may use Your Comments in any manner which We see fit without acknowledgement or reference to Your Moral Rights.
Comments must not, in any way whatsoever, be potentially or actually harmful to Us or any third party, where ?harm? includes, but is not limited to non-economic loss that will or may be suffered by Us. Without limiting any provision of these Terms, You warrant Your Comments are not:
(a) false, inaccurate or misleading or deceptive;
(b) fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party?s copyright, patent, trademark, trade secret or other proprietary rights or Intellectual Property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti discrimination and the Competition and Consumer Act 2010 (Cth));
(e) defamatory, libellous, threatening or harassing;
(f) obscene or contain any material that, in Our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, will be distributed only to people legally permitted to receive such Content;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of WCG, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
(h) create liability for Us or cause Us to lose (in whole or in part) the Services of Our ISPs or other suppliers.
12. Closing Accounts
Subject to any additional Terms specific to an Account, You may close any of Your Accounts at any time.
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.
You will not be entitled to recover any fees if Your Account is closed in accordance with clause 12.2.
13. Intellectual Property
By accessing and using the Site You acknowledge and agree:
(a) that We are either a licensee or owner of all rights, titles and interests in 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 this 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, without Our prior written authorisation.
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.
You agree to use the Site for lawful purposes only.
14. Modifying and terminating the Site
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.
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, Servicesor Content, then You will be deemed to have accepted those changes or modifications.
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.
We expressly disclaim (and do not endorse or verify) the accuracy or reliability of Content on third-party websites described in clause 15.1.
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.
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.
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 or specific business or that the Site can be used in relation to any business in substitution for proper specialised independent advice.
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 its inability to meet Your needs.
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 or Our suppliers 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 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.
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 for any Products or Servicesprovided by Us, Our liability to You is limited to the remedies contained in section 64A of the Australian Consumer Law (Cth), which You agree it 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, 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.
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.
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.
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 its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and You irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.