Terms of Service

These Terms were updated on 18th May 2018. By continuing to use the Platform, you agree to these additional Terms, and the Terms generally.

Terms

These Terms of Use ("Terms") apply to all use of the Generous giving platform for use via the internet or offline (the "Platform") by you, or by any entity or organisation on whose behalf you use the Platform (together, "Users"). The Platform is made available by Heartburst Pty Limited as Generous ("Generous"), who can be contacted at hello@getgenerous.com. By making a donation on the Platform, Users confirm that they have read, understood, accept and agree to be bound by these Terms. Users may only use the Platform in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by Generous.

Amendments

Generous reserves the right to amend or update these Terms at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Platform that will be subject to the Terms. Any User who continues to use the Platform after any changes are made will be taken to have agreed to those changes.

The Platform

In these Terms, any User wishing to use the Platform in order to be able to make donations to an Organisation. Upon providing the User Account information required, Users will be able to make a donation to an Organisation, and Organisations will be able to receive donations’ from Users, for certain campaigns being promoted by the Organisations.

Generous may release new versions of the Platform from time to time, and require all Organisations to use the latest version. The Platform may only be used in accordance with these Terms, and Users and Organisations must not (and must not attempt to) copy, reproduce, modify, adapt, reverse-engineer or decompile the Platform in any way.

SMS Communication

Generous operate a SMS service that you can use to receive links and reminders. By sending a message to the Generous SMS number, you authorise Generous to send you a return message containing the information you have requested. Generous will only send you one message in response. Please note that Message and Data rates may apply.

User account information

In order to be able to make payments for goods and services via the Platform, Users will need to provide certain information about themselves (as prompted by the Platform) ("User Account Information"). All Users agree to provide true, accurate and current User Account Information. Users grant a non-exclusive, worldwide, royalty-free licence to Generous to use such User Account Information solely for the purposes of supplying the services provided by the Platform, including disclosing such User Account Information to third parties as necessary (for example, disclosing limited User Account Information to Organisations at the time of a Donation, or verifying a User's account information with their credit card company).

Cancellation of recurring donations

Users are entitled to cancel their recurring donation with Generous at any time by logging into the donor portal at https://app.getgenerous.com/Donor/.

Generous may cancel a User's account at any time. Generous may, in its discretion, choose to withdraw or discontinue the provision, operation and/or support of the Platform at any time, and shall have no liability to any Users if it chooses to do so.

All cancellations will result in the deactivation or deletion of the User's account.

Malfunctions and technical support

Generous takes all reasonable steps to ensure that the Platform will function as intended. However, Generous shall not be liable if at any time the Platform malfunctions and/or causes any loss or damage to Users, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Platform. Generous will try to promptly address (during normal business hours) all technical issues that arise in relation to the Platform.

Responsibility

Each User will be responsible and liable for all transactions effected through their use of the Platform. Generous will not be held accountable if a User suffers any loss or damage as a result of the use of the Platform.

Warranties and Liability

The Platform and all content, functionality and features within it (the "Materials") are provided "as is" and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Generous disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Platform is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.

Save in respect of any liability for personal injury or death caused by our negligence, Generous shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the Platform or any function or services provided by the Platform, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.

While Generous uses reasonable efforts to ensure that the Platform is free from viruses and other malicious content, neither Generous nor any other party involved in producing or delivering the Platform assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Users' computers or mobile devices or other property on account of access to or use of the Platform.

Each User indemnifies, and will keep indemnified, Generous against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Generous may incur or be subject to or suffer as a result of the User use of the Platform and the services and functionality provided by it.

Tax Deductible Receipts

In the Platform, Generous makes available to Organisations a feature called Tax Deductible Receipts. A Tax Deductible Receipt is a financial summary that captures the contributions made by Users to Organisations based entirely on the information provided by Organisations to Generous.

Organisations are responsible for providing true, accurate and complete information to Generous. Generous does not verify this information and accept no responsibility for its accuracy or completeness, including in the form that this information may appear in any Tax Deductible Receipt. Tax Deductible Receipts do not constitute tax advice. Organisations and other Users should carefully review information on contributions contained on a Tax Deductible Receipt to ensure that it is accurate and complete, and should consult their respective tax advisers concerning the tax deductibility of amounts reflected on the Tax Deductible Receipt.

No illegal or malicious use

No User may use the Platform for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User.

Intellectual property and Privacy

All Users agree that Generous owns all of the intellectual property rights existing in the Platform and that nothing in these Terms shall operate to transfer or assign any such rights to any User.

Any information, data, or other content which is generated in the course of use of the Platform by a User ("Data") shall vest in and be owned by Generous. To the extent such Data contains any personally identifiable information, the terms of Generous's Privacy Policy shall apply.

Branding

No User or Organisation may publish or use Generous's brand, branding or logos except with Generous's prior written consent. Users must not remove or alter any copyright or other proprietary notices contained within the Platform.

Security

Generous takes reasonable measures to keep User Account Information and Organisation Account Information secure against unauthorised use or access. However, Users shall be responsible for maintaining the security of their Generous account by keeping their User Account Information or Organisation Account Information (as the case may be) and log-in details confidential and secure, and not sharing any such information with any third party.

Generous shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the Platform by any third party caused by Users failure to comply with these provisions. Users must notify Generous immediately if they suspect or become aware of any unauthorised or fraudulent use of their account.

Non-compliance

If a User does not comply with any aspect of these Terms, Generous may (without prejudice to any other rights or remedies available to it) cancel or suspend that User's account, disable the ability of that User to use the Platform, and/or terminate these Terms (including the licence granted within it). Generous shall not be liable for any loss or damage suffered by Users as a result of Generous exercising its rights under this clause.

Governing law and jurisdiction

These Terms shall be governed by Victorian law, and all Users submit to the exclusive jurisdiction of the Victorian courts for any matter or dispute arising in relation to these Terms.

Privacy Policy

The Organisation and Generous are committed to ensuring the privacy of all users' information.

Application of privacy policy

This privacy policy applies to all personal information submitted by Users through the Organisation’s website, and through the Generous web-based donation platform via the Internet or offline.

Purpose of use of cookies

The Generous Platform uses a range of technologies that enhance user friendliness and engagement. The technology used includes cookies, local storage and scripts (hereafter collectively referred to as “cookies”).

Cookies are used for a variety of purposes, including gathering statistics and provide information to the Organisation about visitor behaviours and which visitors made a donation. Some of these may include the Organisation’s own Facebook or Google analytics in addition to that provided by Generous.

If you do not wish to store cookies on your device, you may change your browser settings to receive a warning or to refuse cookies or delete them once already stored. Please refer to your browser help to determine the settings that suit your preferences.

Personal information

The Organisation will collect general information about you, such as your name, address, and contact details so the Organisation can contact you. Generous may also collect this and other types of personal information during the course of dealing with you, for example when you wish to donate to the Organisation. The Organisation will not collect any personal information about visitors to the website except when they knowingly provide it.

In order to make a donation to the Organisation, all Users will need to submit certain personal information about themselves (as prompted by the Website and/or Platform), including their name, phone number, postal and email address and phone number(s). Users may be asked to submit further information from time to time.

Use of information and data

We use the information you provide for the purposes for which it was originally collected, for example, to respond to your email or to provide funds towards campaigns you donated to. We may also use this information to help us improve the content and functionality of our website, to better understand the needs and interests of the people and organisations that use our website, and to improve our programs and services.

Consent

By accessing the Website and/or using the Platform, all Users consent to the collection, use, disclosure, storage and processing of their information in accordance with this privacy policy.

Changes to privacy policy

The Organisation may amend or update this privacy policy from time to time, with or without notice to Users. All Users agree to be bound by the privacy policy that is in effect at the time they access the Website or use the Platform.

Protection of Personal Information

The Organisation and Generous, takes precautions - including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorised access, disclosure, alteration, and destruction.

Retention

The Organisation and Generous will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

Refund Policy

If you wish to receive a refund, you must contact the Organisation directly.

Direct Debit Service Request Authority

You hereby authorise and request to debit your account via the Bulk Electronic Clearing System from time to time in accordance with the instructions You provided on your donation form on the schedule You provided and on the terms set out in the Direct Debit Request (DDR) Service Agreement.

You have read and understand the information contained in the DDR Service Agreement.

DDR Service Agreement

You hereby authorise Heartburst Pty Ltd ACN 617 897 828 (Direct Debit User ID number 268849) (herein referred to as “Generous”) to make periodic debits on behalf of the “Organisation” as indicated on the attached Direct Debit Request (herein referred to as “the Organisation”).

You acknowledge that Generous is acting as a Direct Debit Agent for the Organisation and that Generous does not provide any goods or services (other than the direct debit collection services to me/us for the Organisation pursuant to the Direct Debit Request and this DDR Service Agreement) and has no express or implied liability in regards to the goods and services provided by the Organisation or the terms and conditions of any agreement that You have with the Organisation.

You acknowledge that the debit amount will be debited from your account per the terms and conditions of your agreement with the Organisation and the terms and conditions of the Direct Debit Request (and specifically the Debit Arrangement and the Fees/Charges detailed in the Direct Debit Request) and this DDR Service Agreement.

You acknowledge that bank account and/or credit card details have been verified against a recent bank statement to ensure accuracy of the details provided and You will contact your financial institution if You are uncertain of the accuracy of these details. You acknowledge that is your responsibility to ensure that there are sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. Accordingly, You acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, You agree that Generous will not be held responsible for any fees and charges that may be charged by either your or its financial institution.

You acknowledge that there may be a delay in processing the debit if:

1. there is a public or bank holiday on the day of the debit, or any day after the debit date;
2. a payment request is received by Generous on a day that is not a banking business day in Victoria;
3. a payment request is received after normal Generous cut off times, being 4:00pm Victorian time, Monday to Friday.

Any payments that fall due on any of the above will be processed on the next business day.

You authorise Generous to vary the amount of the payments from time to time as may be agreed by me/us and the Organisation as provided for within your agreement with the Organisation. You authorise Generous to vary the amount of the payments upon receiving instructions from the Organisation of the agreed variations. You do not require Generous to notify me/us of such variations to the debit amount.

You acknowledge that Generous is to provide at least 14 days’ notice if it proposes to vary any of the terms and conditions of the Direct Debit Request or this DDR Service Agreement including varying any of the terms of the debit arrangements between us.

You acknowledge that You will use the Generous portal (available at https://app.getgenerous.com/Donor/ ) or contact the Organisation if You wish to alter, defer or cancel any of the debit arrangements.

You acknowledge that any disputed debit payments will be directed to the Organisation and/or Generous. If no resolution is forthcoming, You agree to contact your financial institution.

You acknowledge that if a debit is returned by your financial institution as unpaid, you may incur and will be responsible for any fees and charges applied by your financial institution for each unsuccessful debit attempt.

You authorise Generous to attempt to re-process any unsuccessful payments as advised by the Organisation.

You acknowledge that certain fees and charges (including setup, variation, SMS or processing fees) may apply to the Direct Debit Request and may be payable to Generous and subject to your agreement with the Organisation agree to pay those fees and charges to Generous.

Credit Card Payments

You acknowledge that “Generous” will appear as the merchant for all payments from your credit card. You acknowledge and agree that Generous will not be held liable for any disputed transactions resulting in the non-supply of goods and/or services and that all disputes will be directed to the Organisation as Generous is acting only as a Direct Debit Agent for the Organisation. You acknowledge and agree that if a claim is made, Generous will not be liable for the refund of any funds and agree to reimburse Generous for any successful claims made by the Card Holder through their financial institution against Generous.

You acknowledge that Credit Card Fees are a minimum of the Transaction Fee or the Credit Card Fee, whichever is greater as detailed on the Direct Debit Request. You appoint Generous as your exclusive agent about the control, management and protection of your personal information (relating to the Organisation and contained in this DDR Service Agreement). You irrevocably authorise Generous to take all necessary action (which Generous deems necessary) to protect and/or correct, if required, your personal information, including (but not limited to) correcting account numbers and providing such information to relevant third parties and otherwise disclosing or allowing access to your personal information to third parties in accordance with the Generous Privacy Policy.

Other than as provided in this Agreement or the Generous Privacy Policy, Generous will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made relating to an alleged incorrect or wrongful debit, or as otherwise required or permitted by law. Further information relating to Generous’s Privacy Policy can be found at http://www.getgenerous.com/au/privacy-policy/ .

You hereby irrevocably authorise, direct and instruct any third party who holds/stores your personal information (relating to the Organisation and contained in this DDR Service Agreement) to release and provide such information to Generous on your written request. You authorise:

1. Generous to verify and/or correct, if necessary, details of your account with your financial institution; and
2. your financial institution to release information allowing Generous to verify your account details.

PO Box 209 Kerrimuir, VIC 3129
Ph: 1300 428 778
Generous DDR Service Agreement (Ver 1.0)