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

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

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

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

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

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;

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

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

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

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;

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.