‘Cause I Can’ Terms and Conditions
These are the terms and conditions upon which Cause I Can Pty Ltd (75 606 798 798)
(“us” “our” “we”) provides the Cause I Can products and services to Clients (“Client” “you” “your”).
You agree to be bind by these terms and conditions. These terms and conditions may only be varied by written agreement signed by both parties.
- Client Account
- In order to purchase the Cause I Can application (“the App”) we require Clients to open an account with us. Clients are responsible for maintaining confidentiality of account, username and password information. We are not responsible for any unauthorised transactions made through a Client’s account.
- You must notify us immediately if you become aware of any unauthorised use of your account.
- By entering into this agreement you represent that you have the authority to bind the entity that you represent as principal to these Terms and Conditions.
- We retain the right at all times to decline a Client.
- Prices and Payment
- You agree to pay the cost as outlined in the payment schedule attached as “Schedule A” to this agreement.
- We operate on a ‘pay as you go’ pricing, charging an administrative cost per transaction that occurs through the App.
- Additional costs include extra options, which we create in consultation with Clients, providing tailored solutions to meet Client needs.
- We will invoice you for all payments, requiring payment to be made in 14 days.
- License to You.
- We provide the App and its content through this license to you. We retain all ownership and proprietary rights in the App and its content. Through this license, we grant you the non-exclusive, non-transferable, limited right to use the App for the prescribed use.
- The prescribed use means for use by a not for profit organisation, and depends upon which App the Client uses:
(a) Cause I Can donations: to drive your donations
(b) Cause I Can p2p fundraising: project platform for fundraising purposes
(c) Cause I Can events: project managing events
(d) Cause I Can memberships: manage your membership information
(e) Cause I Can data imports: to streamline your data to maximise salesforce
- This license commences upon your acceptance of this agreement and continues until termination by either party. We have the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by us.
- This limited license excludes the right to:
(a) frame or utilize framing techniques to enclose the App or any portion of the App;
(b) republish, redistribute, transmit, sell, license or download the App or any and/or all App Content (except caching or as necessary to view the App);
(c) make any use of the App or any and/or all App Content other than for the prescribed use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) use any meta tags or any other hidden text utilizing any and/or all App Content;
(f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(g) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
- 5. Conditions of use.
- Clients agree to use the App in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to us.
- You agree that you will not upload or provide content on the App which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
(d) violates any law; or
(e) encourages or incites any other person to engage in any of the above behaviour;
- You also agree that you will not :
(a) Use technology or other means that is not authorised by the Owner to access the Site;
(b) Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site;
(c) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
(d) Gain or attempt to gain unauthorised access to the Site including the networks or user accounts; or
(e) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.
- By posting, submitting or uploading any material to the App, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.
- We do not verify the information provided to it by Users. By using the App you agree not to provide false or misleading information through the App and you agree to indemnify us for any claim arising from your conduct through the App.
- You are solely responsible for any tax implications resulting from contributions received through your Personal Cause Fundraiser.
- The charitable organization will be responsible for monitoring and prohibiting any use of the Cause I Can application by any users under the age or 13, and will be responsible for purging any related data from the database.
- The charitable organization will be required to obtain (if not obtained already) a merchant account from a supported merchant in order to receive the Services. The Client agrees to abide by the terms and conditions of such an account at all times.
- Where you have expressly stated that funds raised will be applied to a particular project or appeal you warrant that the funds will be so used.
- Our Commitment.
We reserve the right to make changes to the App, its functionality, operation and application at any time without prior notice. We will take reasonable steps to ensure the ongoing effective operation and maintenance of the App and take steps to repair technical issues that arise from within the App within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.
- No endorsement
We do not endorse the activities of any Charitable Organisation who uses our products. The fact that a particular organisation uses the App does not indicate any endorsement by Cause I Can of the Charity, the content and opinions of the Charitable Organisation.
- Donations and payments via the App
We do not verify the information that Clients input into the App. It is the Client’s responsibility to check that you are directing people to donate to the Charity and cause that you intend. We do not accept any responsibility for an Individual’s Charity selection or the use of any donation by a Charity.
- Cancellation and suspension of account
- We reserve the right to suspend or cancel your account at any time.
- You may cancel your account by Contacting Cause I Can at firstname.lastname@example.org.On cancelation you Cause I Can can provide you the data however your are no permitted to continue using the application on cancelation.
- Warranties and Limitations on Liability
- The information on the App is provided on an “as is” basis.
- We do not warrant that the functional aspects of the App will be error free or that the App, its content or the server are free of viruses or other harmful components.
- We do not warrant that the App will be uninterrupted or error-free, or that the App or its content will be compatible with third party software or hardware.
- We are not liable for any default or losses arising due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.
- We do not guarantee and we make no warranties as to the accuracy of the contents of the App provided by third parties and to the extent allowed by law exclude all liability arising out of content provided by third parties.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- Online donations made via credit card or PayPal are sent directly to the charitable organization using the App. We are not involved in the processing of funds beyond connecting the charitable organization’s own Merchant Services account(s) to the Cause I Can application. Individuals should verify and confirm the charity and donation before making the payment.
- We make no representations or warranties in relation to the use of funds raised by use of the App or the services provided.
- We reserve the right remove any content without consultation.
- It is the responsibility of the Charitable Organisation to provide Receipts.
- We do not receive any payments from online donations, the full amount minus merchant processing fees are received by the charitable organisation.
- All communications or disputes regarding refunds are between the Charitable Organisation and the donor. We are not responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services.
- We make no representations or warranties regarding the applicability of tax laws to Users of the App such as the ability to receive tax deductions or other tax benefits in connection with donations made through the App.
- Your Indemnity
- In this clause “Cause I Can Pty Ltd” includes parent companies, subsidiaries, officers, directors, employees and agents.
- To the extent permitted by law, you indemnify and hold harmless Cause I Can Pty Ltd against any claim, loss, liability, cost or expense, including legal costs on a full indemnity basis, made against or incurred by Cause I Can Ltd Pty in relation to:-
- personal injury or death;
- property damage;
- economic loss;
- civil or criminal penalty;
- consequential loss;
- any negligent or criminal act or omission by you; or
- any other matter Arising out of any breach by you of this Agreement.
- Your indemnity includes all claims, demands, proceedings, damages (actual, special or consequential) of every kind and nature, known and unknown, including but not limited to demands, proceedings, damages (actual, special and consequential) of every kind and nature taken by any third party due to or arising out of your breach of this Agreement or by your violation or breach of any law or any rights of a third party.
- You indemnify and hold Cause I Can Pty Ltd harmless in respect of any loss or damage sustained by you as a result of Cause I Can Ltd Pty refusal to renew this agreement or decision to terminate your agreement.
- You indemnify Cause I Can Ltd Pty in respect of all loss or damage no matter how arising caused by unauthorised, illegal or improper access to the Site or the Services from any terminals or access points within Your control, custody or power.
- The indemnities contained in this clause may be enforced without Cause I Can Pty Ltd suffering the actual loss or damage.
- Intellectual Property Rights
The Owner retains all copyright and ownership rights over all intellectual property (registered or unregistered) available on this site, and its content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.
- Breaches of these terms and conditions
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the App;
(c) permanently prohibit you from accessing the App;
(d) block computers or devices using your IP address from accessing the App;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account.
- Where we suspend or prohibit or block your access, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Governing Law
This agreement is governed by the laws of Victoria and Australia. If any clause of this Agreement is invalid under any applicable such Law, the clause will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary the invalid clause will be deleted from the Agreement and the remaining clauses will remain in full force and effect.