Terms & Conditions

Chuffed.org Website Terms of Service

between Chuffed.org Pty Ltd ("Chuffed" or "we" or "us")

and

the user of this website ("you" or "User")

1.             Introduction

1.1          Welcome to Chuffed (www.chuffed.org) (the "Website") and its associated services are operated by Chuffed.org Pty Ltd (ABN 24 608 395 393) ("Chuffed" or "we" or "us"). These terms  ("Terms of Service") govern your use of the Website and its associated services.

1.2          The Website is an online platform where people and organisations ("Social Ventures") can campaign and raise funds for projects to benefit social, community or charitable causes ("Social Projects") and where Supporters can donate money ("Donation") to support those Social Projects.

1.3          Please read these Terms of Service carefully. If you do not wish to be bound by these Terms of Service, you should not continue to use or access the Website or its associated services.

1.4          You acknowledge and agree that you have read and understood these Terms of Service and you agree to be bound by these Terms of Service each time you use the Website.

1.5          If you are accessing the Website in order to create a Social Project, you agree to these Terms of Service both personally and on behalf of your Social Venture as its authorised representative. If you are not authorised to accept these Terms of Service for your Social Venture, you must not submit a Social Project to the Website on its behalf.

1.6          These Terms of Service may change or be updated from time to time. Chuffed will post updates to the Terms of Service on the Website from time to time. You must check for updates whenever you access the Website. The latest version of these Terms of Service will govern any usage by you of the Website and its associated services from the date we post the revised version on the Website.

2.             Terms for Supporters

Donating to a Social Project: General

2.1          You make your Donation to a Social Project, not to Chuffed - we introduce Supporters to Social Ventures and their Social Projects. Following your Donation to the Social Project, the Social Venture will transfer any amounts owing to Chuffed directly to us. Donations can be made via PayPal or, for Social Ventures which meet the criteria set out in clause 3.3, via credit or debit card. All PayPal Donations are processed by PayPal under the terms of your agreement with PayPal. All credit and debit card Donations are processed by Stripe or Stripe Connect (our other "payment providers") in accordance with the terms of this Agreement. Donations cannot be made by any other method. Transaction fees apply (see clauses 2.16 and 2.17 below for more information).

2.2          Donations are subject to a minimum of $1.00 per Donation. Donations will be processed in the currency which is indicated on the campaign and payment pages. If your payment card or PayPal acocunt is in a different currency, conversion fees may apply, and may be charged to you by your financial institution. Donations can be made at any time from the start of a campaign up to the Funding Deadline for time limited campaigns. For time limited campaigns, once the Funding Deadline expires, no more Donations can be made via the Website.

2.3          Chuffed will not pursue Supporters for uncollected Donations. It is the responsibility of a Social Venture to contact any Supporters who have pledged a Donation but whose payment has failed, and to ask them to provide an alternative payment method.

2.4          Donations to a campaign will be charged to your PayPal account or credit or debit card at the time you make your Donation. PayPal and Stripe Connect Donations will be paid to the Social Venture's PayPal account or Stripe account at or around the time of your Donation. Other credit or debit card Donations will be deposited into Chuffed's trust account, and held in trust for the duration of the Social Project campaign and for 5 - 15 days after the Fundraising Deadline (as defined in clause 3.2(a) below). After this time, Chuffed will promptly transfer your Donation to the bank account of the Social Venture responsible for the Social Project. Any amounts indicated as a Contribution to Chuffed will be transferred by the Social Ventures to Chuffed at or near the time of transaction

Changes to and cancellations of Donations

2.10       You may not cancel a Donation (even if a Social Project has reached or exceeded its Fundraising Target before the Fundraising Deadline) once your Payment has been collected. If you wish to increase your support for a Social Project after your Donation has been processed, you must make a further Donation. However, no Donations can be accepted for a Social Project once its Funding Deadline has passed.

2.11       Social Ventures may cancel or refund a Supporter’s Donation at any time at their discretion and for any reason. They may only do this outside the Chuffed platform. If all Donations to a Social Project are refunded, they are not required to continue with the Social Project.

2.12       If you disagree with how a Social Project has used your Donation, you should raise this with the Social Venture, not with us.

Further support for Social Projects

2.13       Supporters may be invited by a Social Venture to assist in promoting a Social Project online (e.g., by spreading the word on Facebook, Twitter or email) and/or by word of mouth. If you choose to do so, you must comply with all lawful instructions, guidelines and requirements imposed by the Social Venture when doing so. Failure to comply may lead to suspension or, in serious cases, termination of your User account.

2.14       The Website is not currently able to, or intended to, offer real-life volunteering opportunities with Social Ventures. Requests for volunteers on a Social Project page should be reported to Chuffed immediately.

2.15       Chuffed takes no responsibility for the acts, omissions and communications of Users in promoting or engaging with a Social Project, or not.

Contributions to Chuffed and transaction fees

2.16       Registering on Chuffed is free but, when you Donate to a Social Project you will be asked to nominate an amount that is a contribution to Chuffed ("Contribution"), in addition to your Donation to the Social Project. The total Contribution shown on the payment page will include all transaction fees applicable to your Donation. Transaction fees are charged by PayPal or our other payment providers; the balance of the Contribution will be transferred from the Social Venture to Chuffed.

2.17       You may amend the amount of your Contribution, but - to cover the cost of processing your Donation - the smallest amount you can choose is an amount equal to the transaction fees applicable to your Donation. Transaction fees may vary depending on region and other factors. The minimum transaction fee payable for all transactions is $0.30 plus 2.0% of the value of the payment

2.18       PayPal and our other payment providers process Contributions at or around the time when your Donation is processed.

2.19       Unfortunately, we are not able to refund any part of a Contribution (including transaction fees) if your Donation is returned because a Social Project is cancelled or for any other reason.

Perks

2.20       In some cases, a Social Venture may offer Supporters a Perk as a "thank you" for donating to their Social Project. Please see clause 3.8 below for further details. You acknowledge and accept that, in a small proportion of cases, despite careful planning by a Social Venture, in certain unforeseen circumstances that Social Venture may be unable to deliver these perks. In such circumstances you acknowledge that delivery or lack of delivery of the perk is a matter between you and the Social Venture, and that responsibility for delivery of the perk is solely that of the Social Venture.

Tax deductions and receipts

2.21       When you make a donation, you will receive a receipt from us for the amount of your donation. In some cases donations made to a Social Venture will be tax deductible, but in other cases the donation may not be tax deductible.

2.22       It is your responsibility to confirm whether a Social Venture has the appropriate legal status to allow you to claim a tax deduction. It is also your responsibility to determine whether any perks received in exchange for your donation will prevent you from claiming your donation as a tax deduction.

2.23       In exchange for being allowed to use the Website, you agree that we will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.

3.             Terms for Social Ventures

Creating and Running a Social Project

3.1          All requests to set up a campaign for a Social Project are vetted by Chuffed prior to launch. Social Ventures must provide full details of their status and their proposed Social Project.

3.2          The acceptance of a Social Project for inclusion on the Website is at Chuffed's sole discretion. Submissions for Social Projects must meet certain qualifying criteria in order to be considered for listing on the Website. They must:

(a)            include the fundraising target (“Fundraising Target”) and the expiry date of the campaign (“Fundraising Deadline”) for time limited campaigns;

(b)            include your full name and email address;

(c)            include a description of your campaign, what you intend to raise funds for and whether you plan on offering Perks, Impact levels or neither;

(d)            if the Social Venture qualifies under clause 3.3 below and wishes to accept direct credit and debit card Donations, include details of the bank account to be used to collect Donations;

(e)            be supported by appropriate evidence of identity of the Social Project user account holder; and

(f)              comply with the fundraising laws relevant to the jurisdictions that you intend to fundraise from

3.3          When you submit a Social Project for listing on the Website, you represent and warrant that you are authorised to agree to these Terms of Service on behalf of your Social Venture. You also agree to appoint us as your agent, and we accept appointment as your agent, for the purpose of providing receipts to donors who donate to your Social Venture.

3.4          Social Ventures may accept Donations via PayPal or via the direct credit and debit card facility. When a Social Ventures receives a Donation, you agree to promptly forward any Contribution intended for Chuffed to us in whole. From this Contribution, we will pay any Payment fee charged to us by our Payment Providers.

3.5          Once the Social Project campaign commences, you may edit the Content of your Social Project page, provided this does not alter the substance of the Social Project (to be determined by Chuffed in its sole discretion).

3.6          Time-limited Fundraising campaigns for Social Projects are limited in duration to a minimum of 1 day and a maximum of 90 days from the date the campaign goes live on the Website. We do not accept any responsibility for any Social Project not reaching its Fundraising Target by the expiry of the Fundraising Deadline. Infinity Mode campaigns for Social Projects are able to collect donations from their launch date until Infinity Mode is switched off by the Social Venture.

3.7          If you are a Social Venture, you must:

(a)            not use the Website to solicit or recruit real-life volunteers or employees for Social Projects;

(b)            promptly answer any questions or provide any information or evidence requested by Chuffed to ensure the quality of the Social Project campaign, or to verify any details of the Social Project or your status as a Social Venture;

(c)            keep your Social Project page on the Website updated with accurate information during the campaign;

(d)            inform Chuffed immediately if anything compromises the integrity, potential success or existence of your Social Project;

(e)            complete all Social Projects for which Donations are collected via the Website substantially in line with the budget plan set out on your Social Project page, or refund Supporters' Donations immediately in full;

(f)              provide a minimum of two updates on the progress of your Social Project and about how Donations have been used on the Website at or around 1 and 6 months after the Funding Deadline;

(g)            refrain from taking any action in reliance on receiving Donations until they have been remitted to you and you have right and the ability to withdraw or spend these Donations;

(h)            correctly calculate and remit all taxes (including GST/VAT), levies or similar, if any, which are applicable to Donations made to you;

(i)              comply with, and hold and use any information you hold about Supporters in accordance with, the terms of the Chuffed Privacy Policy [www.chuffed.org/privacy], the Privacy Act 1988, the Spam Act 2003 and all relevant Privacy and Spam legislation in your jurisdiction. In particular, you must not to contact Supporters for marketing or promotional purposes unless you have their consent to do so;

(j)              obtain and continue to maintain, any necessary licenses, consents, approvals or other permissions required to use the Website and create and run a Social Project (if any); and

(k)             comply continuously with all laws, legislation, rules, regulations and industry standards applicable to you as a Social Venture.

Perks

3.8          You may offer to provide non-monetary incentives to Supporters as part of a Social Project campaign ("Perks"), although you are not obliged to do so. You may offer one or more Perks per Social Project and may set qualifying Donation criteria for each Perk (for example, a different Donation threshold for each Perk).

3.9          You agree that Chuffed has the right, but not the obligation, to vet all Perks which you wish to offer.

3.10       You represent and warrant in favour of Supporters and us that:

                                 i.    you will provide Perks to each Supporter who met your qualifying criteria for such Perks and who nominated that they wish to obtain a perk as at the time of making his or her Donation (and whose Donation has not subsequently been cancelled or refunded), irrespective of whether you reach your Fundraising Target;
                               ii.    you will deliver Perks promptly after receiving the Donation from the Supporter, or substantially in line with any estimated delivery date you have provided to the Supporter;
                              iii.    at the time of osting the Social Project on the Website and until all Perks are provided to qualifying Supporters, you have and will maintain sufficient funds on hand to provide any and all Perks offered; and
                              iv.    you will not provide to the Supporter, us or any other person any benefit in respect of a Donation other than the provision of the Perk to the Supporter and the fulfilment of the Social Project.

3.11       Offering financial products, securities or other proprietary interests or rewards, such as ownership, financial returns (e.g. profit share), cash and cash equivalents, or Donation repayments is prohibited. Breach of this prohibition is likely to result in a contravention of the fundraising laws of Australia contained in the Corporations Act 2001 (Cth).

3.12       Chuffed does not represent, warrant or guarantee that the offering of Perks will be legally permissible in all cases, nor that offering such Perks will not affect an organisation's charitable, non-profit or other status or taxation position. It is your responsibility to determine whether you are legally permitted to provide such Perks or whether doing so would compromise your status, or affect your liability to collect or pay taxes.

Charge Backs

3.13       You acknowledge and agree that in some circumstances (such as fraud or error), Chuffed and its payment providers may be required to reverse a Payment made via the Website ("charge back"). If you are a Social Venture, you agree to indemnify Chuffed for all losses, costs and expenses it incurs as a result of a charge back associated with your Social Project (including all fees charged by our payment providers associated with that charge back)("Charge Back Amount"). You agree that Chuffed may set-off the Charge Back Amount against any amount owed to you by Chuffed, including from Donations held on your behalf in Chuffed's trust account. In cases of suspected fraud, Chuffed may refund some or all of your donations without notice.

4.             Terms for All Users

Use of the Website

4.1          You must register with Chuffed and create a User account in order to donate to, or create and run, a Social Project, or to use certain other aspects of the Website. You can register by completing a registration form or by logging in via Facebook on the Website or one may automatically be created for you when using certain functions of the Website.

4.2          You must be 18 years or older to register with Chuffed and to use the Website and its associated service.

4.3          You must provide accurate, complete, and current information when you register with Chuffed and must keep this up to date. Failure to do so constitutes a breach of these Terms of Service and, in serious cases, may result in immediate termination of your account.

4.4          You must give your real name on the Website. You must not use any name or term that:

a)              is the name of another person, with the intent to impersonate that person;
b)              is subject to any rights of another person, without appropriate authorization; or
c)              is otherwise offensive, vulgar, or obscene.

4.5          It is your responsibility to ensure the safety and security of your Chuffed User account. You must not tell anyone the password to your User account or allow any other person to access it. You must take care not to leave your password and User account details where someone else could find them.

4.6          You are responsible for all activity that occurs under your User account. You must immediately notify Chuffed of any unauthorised use of your account or password, or other known account-related security breach.

4.7          A Social Venture may have more than one registered User, but only one User may create, run and edit each Social Project page. Social Ventures must not allow their members, employees or other persons linked to the Social Venture to share login details.

4.8          Chuffed reserves in its sole discretion the right, at any time and without notice:

(a)            cancel, reject, or suspend a Social Project campaign or User account;

(b)            cancel or reverse a Donation made to a Social Project; and

(c)            remove, edit, or modify any Content, including, but not limited to, any User submission,

for non-compliance with these Terms of Service, and in cases where Chuffed suspects fraud or error, or for any other good reason.

4.9          Chuffed also reserves the right to reverse a Donation made to a Social Project including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Donation is processed, including without limitation in the case of a charge back as contemplated by clause 3.13. Any fees will be deducted from the original amount of your Donation prior to us issuing any refund to your account.

4.10       Subject to clause 3.8, making a Donation does not entitle a Supporter to any interest in, or benefit from, the Social Project.

Your relationship with PayPal

4.11       To fundraise for a Social Project on the Website, you must have a fully functional Business or Premier PayPal account. To donate to a Social Project, you must have a functional PayPal account.

4.12       All PayPal Donations and Contributions are processed via PayPal. Your use of PayPal's services is subject to your agreement with PayPal. Chuffed is not responsible for the performance of PayPal or your use of its services. Any technical issues or other problems with making or receiving Donations via PayPal should be addressed to PayPal's customer service department. If PayPal is unable to resolve an issue with a Donation that has been made, you should contact the Social Venture to whom you made your Donation for assistance, or the Supporter who made that Donation to your Social Project, as applicable.

Tax-Deductible Giving

4.13       Donations and Contributions made via Chuffed may or may not be tax deductible for taxation purposes.

4.14       It is your sole responsibility to determine the taxation consequences, if any, of making or receiving a Donation. If you wish to make or receive tax deductible Donations via the Website, it is your responsibility to check whether the relevant Social Venture qualifies as an entity that is legally allowed to issue tax deductible or Gift Aid receipts in your jurisdiction.

4.15       Chuffed does not represent, warrant or guarantee that:

(a)            any Donations made via the Website will be deductible for income tax purposes; or

(b)            receiving Donations made via the Website will not affect or compromise a Social Venture's status as, or eligibility to become, an entity allowed to issue tax deductible or Gift Aid receipts.

4.16       For the issuance of tax receipts, Chuffed acts as an agent on behalf of the Social Venture. We provide all donors with a receipt. However, only donations made to Social Ventures who have indicated that they are eligible entities are tax deductible. If you receive a perk, your donation may not be tax deductible. It is the responsibility of the donor to check if the receipt of any perk affects the tax deductibility of any donations.  Chuffed does not assume any responsibility for a failure to provide tax receipts. See clauses 2.21, 2.22 and 2.23 for further information.

Content Licence and Intellectual Property

4.17       You may submit Content to us for inclusion in a Social Project's campaign or publication as a comment on the Website. You agree that we may publish and communicate to the public any such Content. By submitting Content to us, you grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:

(a)            display, reproduce, modify, add to, use, copy, publish, transmit, index, crawl, communicate and adapt such Content for any purpose and in any manner anywhere in the world, including (without limitation) on and in relation to the Website and its associated services, or any other services or products; and

(b)            permit any other person, company or organisation to do any of the things referred to in (a) ("Licence").

For the avoidance of doubt, the Licence will survive the termination of these Terms of Service.

4.18       You unconditionally and irrevocably agree to:

(a)            consent to any act or omission that would otherwise infringe your moral rights in the Content; and

(b)            waive all or your moral rights in the Content to the extent permitted by law.

You further agree to ensure that all other persons involved in the development of Content which you submit to us provide the above consents and waivers to the extent that they own moral rights in the Content.

If the above consents or waivers do not operate as an immediate consent in relation to, or a waiver of, these rights, you agree to give and you procure all other relevant persons to give, a written consent and waiver at any time at Chuffed's request.

4.19       You agree to do everything necessary (including, without limitation, on request, executing any document) to give Chuffed the full benefit of the Licence.

4.20       All intellectual property rights comprised in or relating to the Website (including the [Chuffed] logo and site design) and the name Chuffed.org ("IP") belong to Chuffed or our licensors. Your use of any IP owned by third parties may be subject to a third party's terms and conditions of use. Nothing in these Terms of Service (or otherwise on the Website) constitutes a transfer or licence of any IP to you. You must not use any such IP without the express permission of Chuffed and, if applicable, the licensor of such IP. Use of third party IP without permission may be an infringement of IP rights and is a serious breach of these Terms of Service, entitling Chuffed to terminate your User account immediately (without affecting any other rights Chuffed may have).

4.21       Except to the extent that applicable laws (including the Copyright Act 1968 (Cth)) prevent Chuffed restraining you from doing so, you must not decompile, disassemble, or otherwise attempt to derive any source code or underlying algorithms of any part of the Website, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate, or otherwise create derivative works of any part of the Website.

Your Conduct, Representations and warranties

4.22       You personally represent and warrant to Chuffed that:

(a)            you are least 18 years of age

4.23       You represent and warrant to Chuffed, personally and on behalf of your Social Venture, that:

(a)            you have the legal capacity and authority to agree to these Terms of Service and grant the Licence (including, if you are accepting these Terms of Service on behalf of a Social Venture, that you are authorised to do so) ;

(b)            you have obtained the consent of all individuals whose Personal Information is included in the Content to the use and disclosure of the Personal Information to Chuffed and otherwise in accordance with the Chuffed Online Privacy Policy.

4.24       You agree that you will not take any action, submit Content or offer a Perk on the Website that:

(a)            infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity;

(b)            breaches applicable laws, regulations or relevant industry codes, or is otherwise unlawful, threatening, abusive, harassing, defamatory, obscene, tortious, offensive, or invasive of another's privacy;

(c)            constitutes unsolicited or unauthorized advertising or promotional material ("spam"), chain letters, surveys, raffles, lotteries, contests, or pyramid schemes;

(d)            disrupts, damages, limits, modifies, obtains unauthorised access to or otherwise interfere with the proper function of any security measures, software, hardware, or telecommunications equipment or information of Chuffed or any third party (including submitting Content which contains software viruses, computer codes, files, or programs that are intended to have such an effect);

(e)            is false, misleading, deceptive, or inaccurate, including by misrepresenting your identity or affiliation with any other person or organisation;

(f)              imposes or may impose (as determined by Chuffed) an unreasonably large load on Chuffed’s or its third-party service providers’ technology infrastructure;

(g)            uses manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; or

(h)            contains any link to any other website which contains information that would if included in the Content or Perk be in breach of any of these subclauses (a) to (g).

Indemnities

4.25       You agree to indemnify Chuffed, its affiliates, and each of its and its affiliates’ employees, officers, contractors, directors, suppliers, and representatives from and against all losses, liabilities, claims, damage and expenses (including legal costs and expenses on a full indemnity basis) and penalties incurred or suffered by them that arise from or relate to:

(a)            your use or misuse of, or wrongful access to, the Website,

(b)            any act of fraud, breach of applicable law or wilful misconduct by you or on your behalf; and

(c)            the publication or use of Content submitted by you or any third party using your account in accordance with the Licence in clause 4.17, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, right to privacy, copyright infringement, trade mark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.

4.26       You agree to notify Chuffed of any matter(s) that could reasonably be expected to fall within clause 4.25 above as soon as possible after you become aware of such matter(s).

4.27       Chuffed reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you must assist and cooperate with Chuffed in asserting any available defences.

4.28       The indemnities in clause 4.25 above survive termination of these Terms of Service.

Disclaimers and Limitation of Liability

4.29       If you are a consumer, you have certain rights under consumer protection legislation ("Consumer Rights"), which cannot be excluded or limited by Chuffed. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms of Service is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so, and except as contained in your Consumer Rights:

(a)            Chuffed excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms of Service; and

(b)            Your use of the Website (including, without limitation, all material obtained from or linked to the Website) is at your sole risk.

4.30       If your Consumer Rights prevent Chuffed from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 4.30 in relation to the services offered on the Website, to the extent to which Chuffed is entitled to do so and despite any other provision in these Terms of Service, Chuffed limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at Chuffed's option:

(a)            the supply of the affected services again; or

(b)            the payment of the cost of having the affected services supplied again.

4.31       Chuffed introduces Supporters to Social Ventures via the Website, but it is a Supporter's responsibility to investigate independently and satisfy him or herself as to the identity of a Social Venture and the veracity of any claims on a Social Project page. Subject to clause 4.29, Chuffed does not represent, warrant or guarantee:

(a)            the identity, contact details or bona fides of the Social Venture, or the accuracy of any statements made on Social Project pages;

(b)            the feasibility, suitability, appropriateness or success of a Social Project;

(c)            that the Social Venture will use your Donation for the Social Project in accordance with the statements on its Social Project page;

(d)            the Social Venture's capacity or willingness to carry out a Social Project or provide any Perks offered; nor

(e)            that the full amount of Donations collected or pledged on the Website will be received in full and without deduction by a Social Venture in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if a Supporter does not have sufficient funds available or has had their credit or debit card cancelled at the time PayPal attempts collection).

4.32       To the fullest extent permitted by law and subject to clause 4.29, Chuffed excludes all liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with:

(a)            your use of, or reliance on, the Website (or any information contained on or linked to the Website) and/or its continued availability;

(b)            any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses the Website;

(c)            Chuffed's exercise of its rights under clause 4.8; and

(d)            the failure by a Social Venture to meet its obligations under these Terms of Service.

4.33       Neither you nor Chuffed will be liable for any delay in performing or failure to perform any of our obligations under these Terms of Service if that delay or failure is due to an Intervening Event.  A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay, provided that the delaying party promptly notifies the other party in writing of the reasons for the delay or failure to perform those obligations.

Privacy

4.34       Chuffed takes your privacy very seriously. All your Content and your personal information is held in accordance with the Chuffed Privacy Policy www.chuffed.org/privacy. Please review this document carefully to ensure you understand it before accepting these Terms of Service.

Third Party Sites

4.35       The Website may contain links to third party websites, and third party websites and resources may contain links to the Website. The inclusion on another website of any link to the Website does not imply endorsement by, or affiliation with, Chuffed. When accessing third party websites, you do so at your own risk.

Termination

4.36       If you are a Supporter, Chuffed may terminate your access to the Website and/or your User account immediately (or at a later time), without cause or prior notice.

4.37       If you are a Social Venture, Chuffed may suspend or terminate your access to and/or use of the Website and its associated services by giving written notice to you if you breach these Terms of Service and, in Chuffed's reasonable opinion:

(a)            your breach is significant or serious; and

(b)            suspension or termination of access, as applicable, is justified by your breach.

4.38       If you wish to terminate your User account, you may do so by following the instructions on the Website.

4.39       Upon or at any time after termination of your User Account for any reason, Chuffed will delete your Content except to the extent that Chuffed is required to retain it by law, or you consent for Chuffed to retain or use it. It is your responsibility to ensure that you have stored your Content elsewhere prior to cancelling or terminating your User account. Chuffed has no obligation to provide you with a copy of your Content and may remove and discard any data at any time from the date your User account is terminated.

Changes to the Website and these Terms of Service

4.40       Chuffed reserves the right to modify, suspend or discontinue all or any part of the Website and its associated services at any time with or without notice. Chuffed does not guarantee that any content, including your Content, will be available through the Website at all or specific times.

Governing Law

4.41       These Terms of Service are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

Interpretation

Content means all content submitted by you and made available through the Website including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Social Project means a social initiative that is created by a Social Venture and which for which that Social Venture campaigns for Donations through the Website.

Social Venture means a registered charity, organisation, group or entity which campaigns for a Social Project through the Website, on a not-for-profit basis, and where the context permits includes anyone acting on its behalf or with their express or implied authority.

Supporter means the holder of a Chuffed user account who donates to a Social Project.

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