Terms

TERMS AND CONDITIONS OF USE

This website is provided by fundus.com.au hereinafter referred to as “fundus”, “we”, “our” and “us” in these Terms of Use.  The term “you” refers to the user or viewer of the site.

These Terms of Use which, together with our Privacy Policy, apply to your use of the fundus website and other websites, mobile sites, applications and services made available by us (“the site”).  Your use of the site is deemed to be your conclusive acceptance of the Terms of Use.

Fundraising License

If you are outside Victoria, you must obtain a license to fundraise if you are conducting a physical appeal, for example a family fun day or door knocking appeal

No endorsement of the Charity or the Charity landing page

The presence of a Charity on the fundus website does not indicate an endorsement by fundus of the Charity, the content and opinions incorporated in the Charity's landing page or the fundraising activity promoted by it. It is your responsibility to check that you are directing people to donate to the Charity and cause that you intend. fundus does not accept any responsibility for your Charity selection or the use of any donation by the Charity.

Website

fundus does not guarantee that the fundus website will be free from viruses, or that access to the fundus website will be uninterrupted.

You must create a username and password which you must keep secure. If you suspect that your username or password is being used without your authority, you must immediately report this to fundus.

Warranties

You warrant that all information provided by you to fundus, including on any personal Fundraising Page:

• is true and correct;
• is not misleading or deceptive, defamatory or obscene;
• does not infringe a third party's intellectual property rights; and
• can be lawfully published by fundus.

You will indemnify and keep fundus indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.

Content

By creating a fundus Fundraising Page and uploading content you hereby agree and consent to fundus using the submitted photograph(s), video(s), comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.    

When you upload the User Content to the Page, you hereby agree and consent to fundus using the submitted photograph(s), video(s), comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.    

By uploading User Content to the Page, you represent and warrant to the Company that:

(1) you are of at least 18 years of age;

(2) you own all rights in the User Content or otherwise have the right to submit the User Content to fundus;

(3) the User Content does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, publicity or privacy);

(4) any persons identified in the User Content have consented to the submission of the User Content on the Page and further use of the User Content as contemplated herein; and

(5) the Authorised Persons’ use of the User Content in the manner contemplated above and the rights and licenses granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use.  You hereby agree to defend, indemnify and hold harmless fundus from and against any and losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties. 

Lastly, you hereby waive, release and forever discharge fundus and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity.

Fundraising Guidelines for personal causes

All fundraisers and campaign creators must adhere to the fundus fundraising guidelines available here 

Removal of content

Any Fundraising Page must not incorporate any content that fundus, in its absolute discretion, considers is inappropriate for inclusion on the fundus website. fundus reserves the right remove any content without consultation. fundus also reserves the right to prohibit fundraisers who breach these Terms of Use from using the fundus website in the future.

Website Usage

You must not use the fundus website to facilitate or participate in any illegal activity or engage in any activity that fundus, in its absolute discretion, considers to be inappropriate.

You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other websites. You must not attempt to bypass the network firewall and you must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;

fundus reserves the right to immediately and indefinitely restrict your access to the fundus website in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviour.

Media

fundus will act on your behalf in sourcing media opportunities for your cause if you agree by checking the tick box when creating a Fundraising Page

In consideration of the high value of this service you will not withdraw your campaign from fundus and retain an alternative fundraising platform. You also will not retain an alternative charity to collect donations on your behalf.

Complaints

fundus will handle all complaints received in accordance with our complaints resolution procedure, which can be obtained by visiting the "Contact Us" section of the fundus website.

Limitation of liability and jurisdiction

Your use of the site is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis.

The liability of fundus for any breach of these Terms of Use, any statutory cause of action, common law action or tort (including negligence) in any way is limited as follows:

1. fundus will not be liable for indirect or consequential loss or damage, notwithstanding anything else in this Agreement. This includes loss of profits, loss of any business opportunity and damage to computer equipment;

2. fundus’s liability in respect of all other claims by you, or loss or damage to you is limited, for an aggregate of all claims, to the amounts donated by your friends and family through fundus to a Charity.

3. fundus 's liability for a breach of a condition or consumer guarantee required or implied by law that cannot be excluded, is limited to the maximum extent possible, at fundus's option, to:

a. the supply of the services again; or

b. payment of the cost of having the services resupplied.

This website and its use are governed by the laws of the State of Victoria.

Intellectual Property Rights

fundus owns the intellectual property rights, including copyright, in all content of this website. Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of fundus.

You must not include any material on any Fundraising Page that infringes the intellectual property rights of others. For example, you may not include a trade mark or copyright material without consent of the owners.

You acknowledge and agree that fundus may use, copy and edit, for its business purposes, any material submitted by you in connection with any Fundraising Page and that you will receive marketing content from fundus

Privacy Policy

You may use this website without disclosing your identity. However, this website may use devices to collect anonymous traffic data from users. Our Internet server may also automatically record details about any computer used to access this website including the IP address, domain name and browser type, the date and time of access, and details of information downloaded. We use this information for internal purposes and to improve this website.  Any other information supplied to us, including personal information supplied to us voluntarily on this website, is treated in accordance with our Privacy Policy which can be viewed at www.fundus.com.au/privacy_policy

You consent to receiving marketing content from fundus, but you can opt out of this at any time by logging into myaccount - profile/privacy and selecting the unsubscribe option.

You also consent to having your donor data passed on to the charity to which you are donating including your street address. You can opt out of this at any time if you are a registered user through changing your account settings by logging into myaccount - profile/privacy. You may also opt out with the charity directly. The fundraiser can also see your name, donation amount and email address - but not your street address - in their donation reports, even if you remain anonymous on the fundraising page.

Donations

Donations made by credit or debit card are charged to your card immediately. fundus issues a receipt by email to the email address entered at the time of the payment.

Pledges

fundus offers pledge campaigns and donation campaigns. A pledge is a promise to pay at a later time. A pledge is not a donation. A donation is charged to your credit card immediately.

When you pledge, your credit card data is sent to our secure payment gateway provider 'Stripe' for storage. The amount is NOT pre authorised on your credit card. When the campaign target is reached your credit card will be charged the pledged amount. If you do not have funds at that time we will try again three times to charge your card. We will issue a receipt to you when your card is charged.

You can cancel a pledge by contacting fundus admin prior to the credit card being charged, or you can manage the pledge in your fundus account.

Funds collected after the campaign reaches it's target are transferred to the beneficiary at the end of that month.

Unsuccessful pledge campaigns:

In the case of unsuccessful projects, the pledged transaction is cancelled by fundus and your credit or debit card will not be charged. No fees or charges apply.

PayPal donations

Funds donated using the PayPal gateway are transferred directly to the beneficiary's PayPal account configured in their fundraising campaign setup. The PayPal beneficiary will automatically pay fundus commission from their PayPal account.

Refunds

Fundus will process automatic refunds for donations providing that the donation has not yet been passed onto the charity or beneficiary. Donations are sent electronically from the fundus to the nominated cause at the end of each month. To secure a refund, email or phone the fundus office. Contact details are available under the contact tab. If the donation has already been forwarded to the chosen charity or beneficiary, please contact them directly.

Disbursement of donated funds

If we are unable to disburse donations to you as the beneficiary cause, such as due to incorrect or insufficiently supplied details, we will try to contact you to obtain the required information. If we are unable to find you or you do not respond to our inquiries within a reasonable period of time, we will either refund the donations to your donors (if possible) or, at our absolute discretion, either donate the funds to another charity or retain the funds. If you contact us after the funds have been re-donated, we are unable to disburse the funds to you. Keeping your personal contact details up-to-date is the best way to ensure donations are directed to where you want them to go.

Credit Card Details and Unauthorised Use of Credit Cards

Any donations made through the fundus website using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution.

We do not store your credit card details. We use the services of Stripe, a PCI level 1 company which stores your credit card data.  This PCI compliant solution provides enhanced security against online fraud.  However, we provide no warranty as to its safety or security.

Links

For the convenience of our users the site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard.

Cookies

fundus.com.au uses cookies on our website. Cookies are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the website to your needs. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. But you should note that cookies may be necessary to provide you with some features of our on-line services.

Validity and Satisfaction of Terms of Use

fundus accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond fundus’s reasonable control.  If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

Modification of these Terms of Use

We reserve the right, at our discretion, to modify or remove portions of our Terms of Use at any time and such modification shall be effective immediately upon web posting of the modified Terms of Use. Your continued use of the site shall be deemed to be your conclusive acceptance of the modified Terms of Use.