Website Terms of Use

1. Introduction

By accessing and using the Site You accept and agree to be bound by
these Terms and accordingly You should review them carefully. If You do
not accept these Terms You must not access or use the Site.

Our Privacy Policy and all other notices and communications We provide
through the Site will form part of and be subject to these Terms. Unless
otherwise specified to the extent of any inconsistency or conflict
between information in any communication or notice and these Terms,
these Terms will prevail.

We may change these Terms at any time without notice. Please review
these Terms regularly when You access the Site to ensure You are aware
of any changes made.

2. Definitions

Account means an Account registered through this Site.

Content means data, information, e-Newsletters, software, text, blogs,
images, movies, animations, links or other references to other websites,
persons or information or any other digital media whether currently
existing or not that may be displayed, delivered through or otherwise
embodied in the website.

Digital Product means a Product which is delivered electronically to the
purchaser via the Internet.

Direct Communication means email, SMS, instant message or any other
direct electronic communication.

Intellectual Property means all present and future rights to trade
marks, domain names, logos, patents, inventions, copyrights and all
similar rights in any part of the world whether registered or
unregistered, which directly or indirectly relate to any information,
media or process utilised by or embodied in Evergiving.

Intellectual Property Rights means all statutory and other proprietary
rights in respect of all intellectual or industrial property including
all trademarks, patents, copyright, confidential information and all
other Intellectual Property as defined by Article 2 of the Convention
Establishing the World Intellectual Property Organisation of July 1967
and the right to register them.

Member means a User that has registered an Account with Us to access the
Service.

Physical Products means any Product which is not a Digital Product.
Products mean Physical Products and Digital Products.

Services mean the Services offered by Us through this Site to Members.
Site means all web pages located at
www.evergiving.com including all
sub-domains and related Sites.

Terms means these website Terms and conditions between You and Us. Us,
We and Our mean Evergiving of 7/142a Glenayr Avenue, Bondi Beach, NSW
2026.

User means a User who has complied with these Terms and accesses the
Site but does not have an Account.

3. About Us

Evergiving is an Australian company that provides mobile charity
fundraising applications.
We are not affiliated or associated with the Users of Our Products.

4. Access and use of Site

Subject to these Terms, You may access and use the Site at no charge and
without registering an Account.
You acknowledge and accept that access to and use of parts of the Site
may:
(a) be restricted to Members;
(b) be subject to Terms and conditions in addition to these Terms; or
© require payment, and the imposition or removal of any access or use
restrictions for any part of the Site is at Our sole discretion.

5. Privacy

We are committed to protecting Your privacy. Please refer to Our Privacy
Policy at http://www.evergiving.com/privacy for further details on how
We collect and protect Your information.

6. Registering an Account

It may be necessary to register an Account to access various Services
and Products.
When Account registration is required You will be notified at the time
of registration and required to follow Account registration procedures
which may include You being required to:
(a) validly enter Your email address, a password and all other
information requested in the registration section of the Site;
(b) signify Your acceptance of these Terms in addition to any other
conditions which apply to that Product or Service which are displayed at
that time; and
© pay a fee.
Accepting these Terms and any additional Terms and conditions displayed
during the registration process is an important part of the registration
process and You should carefully read these Terms and any additional
Terms and conditions which apply before registering an Account with Us.
You must keep Your Account password confidential. You are responsible
for any activities or Transactions made using Your Account and We are
not liable for any damage or loss which results from unauthorised access
to Your Account. You must immediately notify Us of any unauthorised
access or use of Your Account of which You become aware via the Contact
Us section of the Site.
Unless otherwise stated in any additional Account registration Terms
Your Account is not transferrable and You may only register one
Account.
When registering an Account You must provide Us with accurate and
truthful registration information, including, but not limited to, Your
name, address, telephone number, and email address to keep Your
registration information current.

7. Content

We derive Content from sources which We believe are accurate and up to
date as at the time of publication, however, We do not make any
representation or warranty as to the currency, reliability, suitability,
accuracy or completeness of any Content provided via the Site.
While We use reasonable commercial endeavours to update Content embodied
in the Site,You indemnify and release Us from all liability for any
claim, loss, damage, cost or expense that directly or indirectly results
from Your reliance on any Content provided on the Site.
We may engage third parties to author, design or provide Content for
inclusion in the Site.You acknowledge and agree that in relation to all
Site Content contributed by third parties:
(a) any views or opinions expressed in that Content are the views and
opinions of that third party and not Ours; and
(b) despite any attribution of authorship or lack thereof, the
responsibility and liability for ensuring the accuracy, legality,
completeness and currency of Content lies exclusively with the third
party who provided it.
In relation to e-Newsletters, this Content is intended to provide
general information only in summary form on pertinent topics, current at
the time of first publication.

8. Tools

We may enable You to upload and analyse data using online Tools.
You acknowledge and accept that when using Tools:
(a) the processing, analysis and outputs generated by Tools are
dependant on the accuracy and suitability of the data You provide and
input into the Tool;
(b) any Tools provided on the Site utilise processes and calculations
which are intended to have a general application and accordingly may not
be suitable for Your specific requirements; and
© all Tools, and any output generated by Tools, are intended to
provide guidance only and any reliance You place on the outputs and
results generated by Tools is entirely at Your own risk.
All data and information You upload to a Tool will be handled in
accordance with Our Privacy Policy.

9. Transactions

You may be required to make a make Transaction through the Site for
Products and Services.
All Transactions made through the Site will be covered by these Terms
and any additional terms or conditions displayed during the finalisation
of the Transaction.
All Products and Servicesoffered on the Site are subject to the
restrictions and disclaimers contained in these Terms in addition to any
other Terms and conditions which apply to those Services.
By completing a Transaction You agree to pay all amounts related to the
Transaction including all taxes and delivery charges by the relevant due
date. Once a Transaction is completed on the Site it cannot be cancelled
or reversed.
You acknowledge and accept that, while We make all reasonable commercial
efforts to ensure Transactions occur in a secure environment,
transacting through the Internet has inherent risks and We are not
responsible for any unauthorised:
(a) interception, modification or diversion of a Transaction request;
(b) access or copying of details relating to a Transaction (including
personal or financial information); or
© failure to deliver a Digital Product, where that failure is not
directly caused by Our deliberate actions.
We reserve the right to modify, suspend or cancel any Transaction for
any reason.

10. Communications from Us

All Direct Communications from Us to You will be in accordance with Our
Privacy Policy.

11. Comments and Posts

The Site may allow Users to submit or post Comments on different
sections of the Site.
By submitting Comments to Us, You grant Us a non-exclusive, irrevocable,
perpetual, royalty free and worldwide licence to use and deal with Your
Comment.
You agree that You will not enforce any Moral Rights You may have in any
Comment submitted to Us and You agree that We may use Your Comments in
any manner which We see fit without acknowledgement or reference to Your
Moral Rights.
Comments must not, in any way whatsoever, be potentially or actually
harmful to Us or any third party, where ?harm? includes, but is not
limited to non-economic loss that will or may be suffered by Us. Without
limiting any provision of these Terms, You warrant Your Comments are
not:
(a) false, inaccurate or misleading or deceptive;
(b) fraudulent or involve the sale of counterfeit or stolen items;
© infringe any third party?s copyright, patent, trademark, trade
secret or other proprietary rights or Intellectual Property rights,
rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation
(including, but not limited to, those governing export and import
control, consumer protection, unfair competition, criminal law, anti
discrimination and the Competition and Consumer Act 2010 (Cth));
(e) defamatory, libellous, threatening or harassing;
(f) obscene or contain any material that, in Our sole and absolute
discretion, is in any way inappropriate or unlawful, including, but not
limited to obscene, inappropriate or unlawful images and, if otherwise
adult in nature, will be distributed only to people legally permitted to
receive such Content;
(g) contain any malicious code, data or set of instructions that
intentionally or unintentionally causes harm or subverts the intended
function of WCG, including, but not limited to viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, modify, delete, detrimentally interfere with,
surreptitiously intercept, access without authority or expropriate any
system, data or personal information; or
(h) create liability for Us or cause Us to lose (in whole or in part)
the Services of Our ISPs or other suppliers.

12. Closing Accounts

Subject to any additional Terms specific to an Account, You may close
any of Your Accounts at any time.
We reserve the right, without notice to You and at Our complete
discretion, to refuse to register Your Account or close Your Account if
We believe You:
(a) have breached any part of these Terms;
(b) are likely to breach any part of these Terms; or
© have acted against Our business interests or reputation.
You will not be entitled to recover any fees if Your Account is closed
in accordance with clause 12.2.

13. Intellectual Property

By accessing and using the Site You acknowledge and agree:
(a) that We are either a licensee or owner of all rights, titles and
interests in the Intellectual Property and You will not hinder, impede,
invalidate or challenge Our ownership or entitlement to use or register
any part of the Intellectual Property in any way, or do any act which
may diminish the value of the Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication
or reproduction of any part of this Site or the Intellectual Property is
strictly prohibited unless necessary for and incidental to Your access
and use of the Site; and
© You must not otherwise copy, upload, communicate, modify, transmit,
reproduce, distribute or in any way exploit any of the Site, the Content
or the Intellectual Property, without Our prior written authorisation.
Certain software and other Content provided or available through the
Site may be stated to be subject to special or additional rules or
conditions which will form part of these Terms.
You agree to use the Site for lawful purposes only.

14. Modifying and terminating the Site

We reserve the right to modify, update or terminate the Site or any part
of the Site at any time and at Our absolute discretion, without notice
or liability to You.
Any change or modification to the Site or these Terms is effective
immediately upon them being posted on the Site. If any such change or
modification is unacceptable to You, You must not use the Site. If
following any such change or modification You continue to use the Site,
Servicesor Content, then You will be deemed to have accepted those
changes or modifications.

15. Hyperlinks

We have no control over and are not responsible for the Content of any
third-party:
(a) Site for which a hyperlink is provided or displayed on the Site;
(b) Site framed within the Site; or
© advertisements displayed on the Site.
We expressly disclaim (and do not endorse or verify) the accuracy or
reliability of Content on third-party websites described in clause
15.1.
Hyperlinks are provided on the Site for Your convenience only and may
not be current or operational. Our use or inclusion of a hyperlink on
the Site is not an endorsement, approval or recommendation of the linked
website or its Content.
We are not responsible for the Content or privacy practices associated
with third-party websites and accessing these Sites You should read
their terms, conditions and privacy statements. Your use of or reliance
on any third-party website is at Your own risk absolutely.

16. Disclaimer

We make no representation and give no warranty or undertaking (express
or implied) as to the currency, accuracy, completeness, effectiveness or
reliability of the Site or Content for any particular purpose or
specific business or that the Site can be used in relation to any
business in substitution for proper specialised independent advice.
We disclaim any and all responsibility or liability for any loss,
damage, injury or other claim whatsoever for any outcome arising from
Your reliance upon the Site or its inability to meet Your needs.
The use of and Your reliance upon the Site is entirely at Your own risk.
When using the Site information will be transmitted over a medium which
may be beyond Our or Our suppliers jurisdiction or control. Information
and files available from the Site cannot be guaranteed to be secure,
free from computer viruses or other faults or defects and You should
scan and check such data accordingly.
We will not be responsible for any delay, failure, interruption, or
corruption of any data or other information transmitted in connection
with use of the Site which is beyond Our direct control. For the
avoidance of doubt We do not accept responsibility for any interference
or damage to Your computer system which may arise in connection with
Your use of the Site.

17. Liability

To the fullest extent permitted by law:
(a) all conditions and warranties concerning the Site (whether as to
quality, outcome, fitness, care, skill or otherwise) expressed or
implied by statute, common law, equity, trade, custom or usage or
otherwise are expressly excluded and in respect of those statutory
warranties which can not be excluded for any Products or
Servicesprovided by Us, Our liability to You is limited to the remedies
contained in section 64A of the Australian Consumer Law (Cth), which You
agree it Your only remedy;
(b) in no event will We, Our officers, employees, agents, contractors,
licensors, suppliers, or any other third parties mentioned on the Site
be liable for any loss, costs or damages (including, without limitation,
economic or consequential loss, lost profits or special damages)
resulting from the use of or inability to use the Site, whether arising
under statute or in contract, tort or any other legal doctrine, and
whether or not We are or ought to have been aware of, or advised of the
possibility of such loss, costs or damages;
© We are not liable to You or to any third party for any personal
injury, including death, caused by access to, use or misuse of the Site;
and
(d) remedies under these Terms are exclusive and are limited to those
expressly provided for in these Terms.

18. General

To the extent that any part of these Terms are invalid, unenforceable,
illegal, void or voidable for any reason, then these Terms will be
construed and be binding as if the invalid, unenforceable, illegal, void
or voidable part had been deleted from them or read down to the extent
necessary to overcome the difficulty.
Our waiver of any breach or a failure to enforce or to insist on the
observance of a condition of these Terms will not be a waiver of any
other or of any subsequent breach.
We will not be responsible or liable for failure to perform any
obligation under these Terms if such failure is caused by the occurrence
of any matter beyond its reasonable control including, without
limitation, industrial disputes, internet and communications outages,
fire, flood, war, explosion, accident or act of God.
These Terms are governed by and construed in accordance with the law of
the State of New South Wales and the Commonwealth of Australia, and You
irrevocably submit to the jurisdiction of the courts of that State and
of the Commonwealth of Australia.