Terms & Conditions
1) Donate Planet Foundation Limited ABN 98 160 928 629 (Donate Planet) operates the www.donateplanet.com website, which is a service that allows people to make donations to certain causes and charities. The website includes a webpage for each such cause or charity (Donee) that allows visitors to make an online donation to their chosen Donee and allows Donate Planet to issue receipts for such donations as agent for the Donee (Donate Planet Service).
2) The Donee wishes to use the Donate Planet Service and hereby appoints Donate Planet as their agent for the purposes of collecting donations and providing receipts in the name of the Donee and under the Donee's endorsement as a deductible gift recipient and for this purpose Donate Planet will comply with the conditions applicable to this endorsement.
3) The Donee has agreed to enter into an agreement with Donate Planet on the terms of these Terms and Conditions (Agreement).
4) Subject to compliance by the Donee with the terms of the Agreement, Donate Planet will provide the Donate Planet Service to the Donee on the terms of the Agreement.
5) The Donee must pay to Donate Planet an annual fee of $95 (excluding GST) or such other amount as notified to the Donee by Donate Planet in writing. Donate Planet will issue to the Donee an invoice for the annual fee on or around each anniversary of the Donee entering into this agreement with Donate Planet.
6) In addition, the administration fee to be paid by the Donee to Donate Planet for each donation to the Donee made via Donate Planet will be 5% (+GST) of the amount of the donation or such other amount as agreed in writing between Donate Planet and the Donee (Administration Fee).
7) In addition, the financial services fee to be paid by the Donee to Donate Planet for each donation to the Donee made via Donate Planet will be 2% (+GST) of the amount of the donation or such other amount as agreed in writing between Donate Planet and the Donee (Financial Services Fee).
8) Within fourteen (14) business days following the receipt of each donation, Donate Planet will remit to the Donee the amount of the donation less the Administration Fee, Financial Services Fee and GST.
9) The Donee has provided Donate Planet with content, including its trade mark(s) and logo(s), for use with the Donate Planet Service (Donee Content). The Donee must promptly notify Donate Planet of changes to the Donee Content.
10) The Donee grants Donate Planet a non-exclusive, royalty-free licence to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify and otherwise use the Donee Content. Pursuant to the licence under this clause 9, Donate Planet may edit, adapt or modify the Donee Content with the consent of the Donee, such consent not to be unreasonably withheld.
11) As soon as reasonably practicable after receiving the Donee Content or notice of changes to the Donee Content, Donate Planet will host (or update, as applicable) a webpage on the website associated with the Donate Planet Service that displays the Donee Content (Donation Page). Visitors to the Donation Page will be able to make online donations to the Donee.
12) The Donee warrants that: * (i) it either owns or has a licence for all of the intellectual property rights and other rights in or related to the Donee Content; * (ii) the Donee Content does not, and use of it by Donate Planet will not, infringe any third party’s intellectual property, moral or other rights; * (iii) the Donee Content is not defamatory and will not breach any applicable law; * (iv) the Donee Content is not misleading or deceptive, or likely to mislead or deceive; * (v) the Donee Content does not bring and will not bring Donate Planet or the Donate Planet Service into disrepute; * (vi) it will comply with the Privacy Act 1988 (Cth) in respect of the collection, use and disclosure of personal information (as that term is defined in that Act); and * (vi) Donate Planet will not be infringing the intellectual property rights or other rights of any third party or breaching any laws by using the Donee Content in connection with the Donate Planet Service.
13) Donate Planet may remove or refuse to update the Donation Page if, in Donate Planet's sole opinion, any Donee Content has breached, or may breach, clause 9.
14) Either party may terminate this Agreement by giving one (1) month's written notice to the other party.
15) Donate Planet may cease hosting the Donation Page and immediately terminate this agreement if in Donate Planet's opinion: * (i) the Donee breaches or may breach any term of this Agreement; or * (ii) the Donee or the Donee Content brings or may bring Donate Planet or the Donate Planet Service into disrepute.
16) The Donee indemnifies Donate Planet against any loss, damage, cost or expense (including legal costs and expenses on a solicitor/own client basis) that Donate Planet suffers or incurs arising out of or in relation to any breach by the Donee of this Agreement. Subject to the limitation on liability in clause 18, Donate Planet indemnifies the Donee against any loss, damage, cost or expense (including legal costs and expenses on a solicitor/own client basis) that the Donee suffers or incurs arising out of or in relation to any breach by Donate Planet of this Agreement.
17) Except for those terms that cannot by law be excluded, all terms other than those expressly contained in this Agreement are excluded.
18) Except as provided by law, Donate Planet's aggregate liability to the Donee, whether in contract, tort (including negligence) or otherwise, is limited to the aggregate amount of Administration Fees paid to Donate Planet in respect of that Donee in the calendar year in which the liability arose.
19) Except as provided by law, in no event will Donate Planet be liable to the Donee, whether in contract, tort (including negligence) or otherwise, for any consequential, special, incidental or indirect loss or damage or loss of profit (whether consequential, special, incidental, direct or indirect) that may arise from or in relation to this Agreement.
20) Donate Planet will ensure that all transaction and credit card information entering the system is encrypted using an Extended Validation Certificate from GeoTrust, with up to 256-bit SSL encryption based on a 2048-bit key. Donate Planet will ensure that credit card transactions are authorised in partnership with Eway and that no cardholder information will ever be passed unencrypted in a web browser to Donate Planet or from Donate Planet to Eway. Donate Planet will ensure that no payment information is stored on www.donateplanet.com (other than the last four digits of each registered credit card) and will not store any 3-digit credit card security codes, such as CSC, CVV or CVC codes. Donate Planet will further ensure that any credit card information sent to banks and any return authorisation message is secure. While Donate Planet will take all reasonable steps to protect information provided by the Donee, Donate Planet does not warrant that: * (i) the Donate Planet Service will be uninterrupted or error free; or * (ii) the Donate Planet Service will be free from external intruders (hackers) or other persons having access to the services or systems of Donate Planet without the consent of Donate Planet.
21) The Donee must comply with Donate Planet's policies from time to time relating to the Donate Planet Service.
22) Donate Planet has no obligations or duties except those expressly set out in this Agreement and those imposed on it by any law that cannot be excluded.
23) This Agreement constitutes the entire agreement of the parties about its subject matter and supersedes any previous understandings or agreements on that subject matter.
24) The Donee must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Donate Planet.
25) Donate Planet may assign or transfer any of its rights or obligations under this Agreement. Donate Planet may sub-contract or otherwise arrange for another person or party to perform any part of this Agreement or to discharge any of the obligations under any part of this Agreement.
26) This Agreement is governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.