UTS Community Fundraising Terms and Conditions

Overview and Acceptance of the Terms

  1. This website (the “Site”) is operated by University of Technology Sydney (UTS) (ABN) 77 257 686 961.Throughout this Site, the terms “we”, “us” and “our” refer to University of Technology Sydney (UTS). UTS is an Australian public research university located at 15 Broadway Ultimo 2007 Australia with Australian Business Number (ABN) 77 257 686 961. UTS is registered as a charity in Australia with the Charities and Not for Profit Commission, as well as being a deductible gift recipient for Australian income tax purposes.
  2. Your use of the Site and the products and services offered and supplied via this Site (referred to collectively as the “Services”), whether as a guest or a registered user, is subject to these terms and conditions (the “Terms”), which are effective and binding between You and us. Use of the Site includes accessing, browsing, or registering to use this Site.
  3. Please take the time to read these terms and conditions carefully before You start to use this Site, and consider printing a copy of them, or saving them to Your computer, for future reference.
  4. By accessing or using any part of this Site, You agree to be bound by these Terms. If You do not wish to be bound by these Terms, You must not continue to use or access this Site or otherwise use any of the Services.
  5. By accepting these Terms You are also agreeing that You have read, understood and are bound by the Community Fundraising HUB guidelines.
  6. By accepting these Terms You are also agreeing that You have read, understood and accept the University of Technology Sydney privacy policy and code of conduct.
  7. By accepting these Terms You are also agreeing that You have read, understood and accept the Terms and Conditions and the privacy policy of GoFundraise

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Definitions

Approved Designation Fund — A bank account or fund associated with a Beneficiary.

Beneficiary (Includes Beneficiaries) — A UTS Centre or UTS Project created and approved as a UTS Cause by University of Technology Sydney and who will receive the funds raised through the Community Fundraising Hub.

Campaign Period — The period of time from start to finish of a UTS Project agreed between the Project Leader, Project Team and UTS Advancement.

Community Fundraising — Type of fundraising that empowers individuals to leverage their network of family and friends, co-workers and even fellow volunteers or donors to fundraise on your behalf.

Community Fundraising HUB — White label platform provided by GoFundraise to promote UTS Causes and which facilitates Community Fundraising Activities.

Content — Any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which we have made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms.

Donor(s) — Any organisation or individual contributing financially to a UTS Cause; either directly to the UTS Centre, Project, Fundraising Activity or Fundraising Page.

Fundraiser(s) — An individual or group who creates and manages a Fundraising Page in connection with UTS Cause, with the UTS Cause as the beneficiary. UTS staff, students, clubs &a,p; societies, alumni, donors and the wider community can create a fundraising page and fundraise for UTS. They can select any UTS Cause on the HUB, set up their own fundraising page and share to social / personal networks.

Fundraising Page — A webpage relating to a UTS Cause that is part of the Community Fundraising HUB. Webpage is created and managed by a Fundraiser.

Fundraising Activity — encompassing the different types of Community Fundraising activities available to Fundraisers to raise money on the Community Fundraising HUB, these are: a ‘challenge’, ‘make a difference’ and ‘event.’

Fundraising Target — A fundraising goal suggested by the Project Leader and/or Project Team and approved by UTS Advancement based on need and outreach capability.

Final Update — Information relating to the success of the Fundraising Activity provided to Donors. Includes the total funds raised for the UTS Cause, how the money will be spent and the impact of the project.

Microsite — Individual sites created on the Community Fundraising HUB to represent UTS Centers including but not limited to The Kidman Centre, Anti-Slavery Australia, Centre for Neuro science and Regenerative medicine, Centre for Social Justice, Institute of Sustainable Futures and Centre for Compassionate conservation.

Platform — White label platform provided by Gofundraise to promote UTS centres and causes for community fundraising activity. See definition for Community Fundraising HUB.

Project(s) — An individual or collaborative effort relating to an internal UTS initiative and approved by UTS Advancement. Such initiatives include but not limited to UTS Centres, research, social justice, scholarships, sustainability and Indigenous education. Projects are registered, created and managed by Project Leaders and/or Project Teams with the aim of raising money for the Project’s objectives.

Project Account — TBC

Project Application Form — Submission to UTS Advancement for the authorisation for a UTS Project to be present on the Community Fundraising HUB.

Project Leader — Designated leader and primary contact for a Project, whether as an individual or part of a Project Team. Project Leaders are members of the University community (student/staff/alumni or associated group).

Project Team(s) — Group of people involved in the creation and management of an approved Project. Project Team managed by the Project Leader with all team members and their required details listed on the Project Application Form. Project teams are a member of the University community (student/staff/alumni or associated group).

Project Updates — Content created by the Project Team and/or Project Leader to be posted on Project Page relating to the success of the Fundraising Activity as the activity progresses.

Project Page — A Project’s designated webpage on the Community Fundraising HUB

Site — UTS Community Fundraising HUB hosted by Gofundraise

Service(s) — has the meaning provided in clause 1 of these Terms;

Terms — these terms and conditions;

User(s) — Anyone who accesses, edits, engages with or donates to the Community Fundraising HUB, including but not limited to UTS students or staff, general members of the public, Fundraisers, Project Teams and/or Leaders.

Us — means University of Technology Sydney and UTS Advancement

UTS Advancement — University of Technology Sydney department managing the approval of UTS Centres and Projects and the ongoing management of the Community Fundraising Platform.

UTS Cause — A UTS Centre or Project authorised by University of Technology Sydney and UTS Advancement to be a Beneficiary and appear on the Community Fundraising HUB.

UTS Centre — A University of Technology Sydney affiliated or owned facility conducting specialist research and/or policy in a specialist area.

We — means University of Technology Sydney and UTS Advancement

You/Your — means, unless the context indicates otherwise, any user of the Site and/or the Services

Ownership of the Site

  1. The Community Fundraising HUB is not a UTS owned platform. This site is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011.
  2. The use of this website, and all services and online tools that GoFundraise makes available to donors, registrants and other Users of the GoFundraise service is governed by these Terms & Conditions. Your access and use of the Community Fundraising HUB constitutes your agreement with, and acceptance of the terms, and if You do not accept the terms You may not use or continue to use the Platform.

Use of the Site and Service

  1. The Services and this Site are available for use only by individuals who are at least 18 years old. You represent and warrant that You are of legal age to form a binding contract, and that all registration information you submit is truthful and correct.
  2. We reserve the right to:

    1. refuse the Services to anyone at any time without notice and for any reason; and
    2. change our eligibility criteria for use of the Services at any time without notice and for any reason.
  3. You may not use the Services and may not accept the Terms if:

    1. You are not of legal age to form a binding contract with us;
    2. You are a person not allowed to receive or use the Services under the laws that apply in New South Wales, Australia or any other jurisdictions (including the country, state or territory in which you are resident or from which you use the Services).

Changes to the Services and Terms

  1. We reserve the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that we may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is Your responsibility to check these Terms periodically for changes, as they are binding on You. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

Your Conduct and Use of the Site and Services

  1. The Fundraising Activity will be the sole responsibility of the Fundraiser or Project Leader and/or Teams including ensuring all requirements of current and relevant laws and regulations are met. These may include but are not limited to:

    1. Insurance (i.e. it is the responsibility of the applicant to arrange insurance appropriate to the event/activity, such as public liability and personal accident insurance cover).
    2. Responsibility for the safety of the activity lies with the organiser of the fundraising activity. This includes organising appropriate public liability insurance and providing first aid services as relevant.
    3. Licences and Council Permission (e.g. local council approvals).
    4. The provisions of the Charitable Fundraising Act 1991 (NSW) and Regulations.
    5. To the extent permitted by law, UTS will not be held liable for any costs, loss, expenses, penalties, damage, claims or proceedings that may arise with respect to any damage, loss or injury or death occurring to any person in any way associated with the Fundraising Activity.
    6. Each state and territory has different fundraising laws and it is Your responsibility to ensure You meet any obligations outlined in these laws, including organising any permit, licenses, insurance or authorities to fundraise where necessary, particularly for raffles and competitions.
  2. You must not solicit public donations through general door-to-door, street or telephone collections, or in public places such as shopping centres or on public transport. Fundraising must be through an accepted Fundraising Activity and/or Fundraising Page.
  3. The Community Fundraising HUB must not be used to acquire donations for personal gain or benefit.
  4. Additionally UTS Cannot

    1. Undertake tasks for You to assist in running a Fundraising Activity e.g. sourcing prizes, organising publicity, providing staff resources, goods or services.
    2. Guarantee a UTS representative can attend every Fundraising Activity.
    3. Provide public liability insurance cover for a Fundraising Activity.
    4. Provide tax advice - please contact the Australian Taxation Office.
    5. Promote the Fundraising Activity or Project on Your behalf.
    6. Allow You to produce any merchandise bearing the name or logo of UTS.
    7. Specific to Fundraising Pages, use of the ‘UTS’/’University of Technology Sydney’ name or logo, beyond standard templates provide by the Site, is not permitted. For example naming Your Fundraising Activity ‘UTS Sausage Sizzle’ would not be permitted.
  5. For more information please read the Charitable Fundraising guidelines issued by the NSW Department of Fair Trading.

User Registration

  1. You may use the Community Fundraising HUB anonymously for fundraising pages without registering. When You do this some information such as Your IP address, location and site usage may be collected.
  2. UTS projects the online application form needs to be completed and approved and then a user account will be created by advancement.
  3. 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 the GoFundraise Privacy Policy.

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.
    4. indemnity for misuse of Your login information
  2. University of Technology Sydney or GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify us from any costs, expenses or damages paid or payable by University of Technology Sydney or GoFundraise in connection with your breach of clause 21.

Registration of Projects

  1. No Project will be appear on the Site unless it has first been approved and registered by UTS Advancement. Projects will be assessed to determine whether the funds raised will be for a charitable purpose and whether the project will produce a reasonable return after expenses. Considerations for approval are outlined in the Community Fundraising HUB guidelines. We may approve or reject a proposed Project in our absolute discretion.
  2. Included in the registration of Projects review process is the Fundraising Target as approved by UTS Advancement, however it is the responsibility of the Project Leader and/or Project Team to reach the Fundraising Target. UTS Advancement is not responsible is the Fundraising Target is not met.
  3. Editing projects - Accessibility /admin rights / access to sensitive information and donor data
  4. Projects must be registered in accordance with the Community Fundraising HUB guidelines. Failure to comply with the Community Fundraising HUB guidelines can result in the project not being approved or being terminated without notice.
  5. Projects must be registered by a Project Leader. To qualify for a Project leader you must be a member of the UTS community (student/staff/alumni or associated group).
  6. If You register a Project with us, You represent, warrant and undertake and acknowledge to University of Technology Sydney and all Users of the Site that:

    1. You are 18 years of age or older;
    2. You are the person with ultimate responsibility for the Project (or are otherwise acting with the express authority of that person);
    3. You will obtain, maintain and renew (as applicable) any necessary approval, authority, consent, licence or any other permissions in relation to your use of the Services to achieve funding for the Project and comply with all applicable laws;
    4. all donations and funds will only be released to the Approved Designation Fund through University of Technology Sydney. All funds raised must be used for the Project’s defined purpose. Project Team members are prohibited from keeping any funds raised as profit or compensation. All Projects must be non-profit in nature.
    5. You will apply all donations received in accordance with the Project’s stated aims;
    6. You will not offer securities/financial instruments in return for donations; and
    7. You will not misuse any donations including not using any monies pledged for purposes which are not stated aims of the Project.

Fundraising Page

  1. Fundraisers who create a Fundraising Page through the UTS Community Fundraising HUB may establish a Fundraising Page on the Community Fundraising HUB to Fundraise for a UTS Cause. All external funds raised by a User with a Fundraising Page must be donated exclusively through the Site except for funds collected off-line.
  2. Where a registered User builds a Fundraising Page in favour of a Beneficiary, the Beneficiary must be first registered on the Site. The creation by a Fundraiser of a Fundraising Page, including a Fundraising Activity in no way implies the endorsement of the Fundraising or Fundraising Activity promoted on the page by University of Technology Sydney or the Beneficiary.
  3. University of Technology Sydney reserves the right to delete, close or suspend a Fundraising Page, and/or Fundraising Activity. If anyone gives University of Technology Sydney written notice that it deems a Fundraising Activity to be inappropriate or unnecessarily dangerous or not desirable, University of Technology Sydney will use its discretion to take appropriate action.
  4. Where a Fundraiser builds a Fundraising Page on the Community Fundraising HUB, the Fundraiser must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Fundraising Page does not:

    1. detrimentally affect the brand or reputation of University of Technology Sydney, any Beneficiary or any affiliates or partners of University of Technology Sydney;
    2. be misleading or deceptive as to the nature, type, service or benefits of the Content, Project or UTS Cause;
    3. be misleading as to that Fundraiser’s identity or affiliation with any person or group;
  5. Except in relation to a Fundraising Page, a User may not remove, alter, add to or change anything on the Site.
  6. University of Technology Sydney does not actively and/or continuously moderate the Fundraising Pages built on the Community Fundraising HUB but reserves the right to remove or edit any Content posted on the Fundraising Page at its sole discretion and without notice, regardless of 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 University of Technology Sydney.

Donations, Payment and Fees

  1. Projects and Fundraising pages must not offer dollar value gifts in return for Donations.
  2. Any donation made through the Site 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.
  3. Section about offline donations?
  4. Enquiries regarding donations, including but not limited to regular giving, cancellations of a donation, tax receipts must contact UTS Advancement for support on +61 (02) 9514 9861.
  5. Fees charged by GoFundraise under their standard fee arrangement set out in their Terms and Conditions are absorbed by UTS and are not charged to donors.
  6. Where a Fundraising Target relating to a Project, Fundraising Page or Fundraising Activity is promoted or publicised on the Site or another location, UTS is not held responsible for that Target not being met.
  7. All Donations, whether the Fundraising Target was achieved or otherwise, will be supplied to the Beneficiary and directed into the Approved Designation Fund.

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. 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
    2. any application or right to apply for registration of any of the rights referred to in clause 40(a).
  2. University of Technology Sydney owns or has the right to use all intellectual property rights comprised in the Community Fundraising HUB. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. 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.

User Content Licence

  1. A Fundraiser, Project Team and/or Project Leader warrants that all Content uploaded by them to a Fundraising Page, Project Page or otherwise is owned by them or they have the necessary rights and/or permissions to:

    1. use the Content for the purposes of the Fundraising Page and/or Project Page; and
    2. to grant the licence comprised in clause 45.
  2. The User indemnifies University of Technology Sydney from any costs, expenses, claims or damages paid or payable by us in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  3. The User grants University of Technology Sydney a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Site and Services.
  4. The User acknowledges and agrees that upon receipt and notice of any claim under this section, University of Technology Sydney may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Content

  1. You acknowledge that all Content which You may have access to as part of, or through your use of, the Site and the Services is the sole responsibility of the person from whom such Content originated.
  2. You should be aware that Content presented to you as part of the Site and Services may be protected by intellectual property rights. You must not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate agreement.
  3. We reserve the right (but have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Site or Services.
  4. You understand that by using the Site and Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site and Services at your own risk.
  5. University of Technology Sydney will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by You or any other User of the Site.
  6. No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of Content on the Site.
  7. The views expressed on the Site do not necessarily represent University of Technology Sydney views or values.

UTS Projects

  1. The Project Teams and/or Project Leader are responsible for providing the original content for the Project Page, which has prior approval from their relevant manager (Dean/Executive Dean/Head of Department /Executive Director)
  2. UTS Advancement has the right to review, moderate, edit the content at any time at our own discretion
  3. Project teams must provide two Project Updates during the Campaign Period to Donors and Fundraisers and one Final Update once the campaign has completed.
  4. Content and targets cannot be changed once the fundraising Project has commenced, however updates can be added at any time. All content must follow the UTS brand guidelines.

Authorisation to Fundraise

  1. 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 in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Termination of Use

  1. University of Technology Sydney reserves the right to reject a registration application, for a Project, terminate a Fundraising page or terminate use of the Site 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 Site by a User if:

    1. 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;
    2. conduct in using the Community Fundraising HUB;
    3. You breach these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

No Warranties

  1. University of Technology Sydney will make reasonable commercial efforts to maintain the performance of the Site and continue to deliver services to Users, in conjunction with GoFundraise. Despite this clause, the User acknowledges and agrees that University of Technology Sydney cannot and does not guarantee continuous operation of the Site or the integrity of the data stored or transmitted in or through the Site 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 University of Technology Sydney or be found in these Terms or in the relationship between University of Technology Sydney and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. University of Technology Sydney 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:

    1. The user of the Site by a User;
    2. The representation or activities a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. The representations, opinions or activities of Beneficiaries made on or through the Site.
  2. The User indemnifies and holds University of Technology Sydney 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 with:

    1. the use or misuse of the Site by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notice

  1. A party notifying or giving notice to University of Technology Sydney under these Terms must do so by notice:

    1. in writing;
    2. addressed to University of Technology Sydney or GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.
  2. A notice given in accordance with above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. 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
    4. 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).

Electronic Notification Policy

  1. By using the Services as User, You consent to receiving from University of Technology Sydney electronic communications (including notices, agreements, legally required disclosures or other information) in connection with the Services and any relevant Projects.
  2. In addition, we reserve the right to contact Project Teams and Project Team Leaders by telephone should a problem arise with their Project.

Linking on the Site

  1. The fact that we provide links to certain third party websites does not in any way constitute endorsement of, or association with, those websites by us. Furthermore, You acknowledge and agree that the University of Technology Sydney shall not be responsible or liable for any damage or loss caused by Your use of any such website or resource.
  2. You may link to any page of the Site, provided You do so in a way that is fair and legal and does not damage University of Technology Sydney’s reputation or take advantage of it.
  3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by You. The Site must not be framed on any other site.
  4. We reserve the right to withdraw linking permission without notice. The website to which You are linking must comply in all respects with the content requirements set out in these Terms.

Privacy and Data

  1. We will comply with our Privacy Collection Notices and our Privacy Policy in relation to the collection, use and disclosure of any Personal Information that you provide to us.
  2. Donor Data will not be stored... Storage of data etc.
  3. Project Teams, Project Leaders and Fundraisers must not store, collect, sell or manipulate Donor data, including their name, contact information, address and payment information.

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