Terms and Conditions

CharityMatchmaker Terms and Conditions

between Parachute Digital Pty Ltd (“CharityMatchmaker” or “we” or “us”)
and
the user of this website (“you” or “User”)

1. Introduction

1.1 CharityMatchmaker (the “Website“) and its associated services are operated by Parachute Digital Pty Ltd (ABN 59 169 332 156) (“CharityMatchmaker” 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 that matches people to charities (“Donor Matching”) who can choose to support good causes (“Good Causes“) that are delivered by an organisation such as a Charity or Not-for-Profit (“Providing Organisation“) usually through the provision of either one-off or regular-monthly donations (“Donation“) to support the delivery of the good cause.

1.3 . Please read these Terms and Conditions 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 a professional capacity on behalf of an organisation, you agree to these Terms of Service both personally and on behalf of the organisation as its authorised representative. If you are not authorised to accept these Terms and Conditions on behalf of the organisation, you may not use the site on behalf of the organisation.

1.6. These Terms and Conditions may change or be updated from time to time. We will post updates to the Terms and Conditions on the Website should this occur. You must check for updates whenever you access the Website. The latest version of these Terms and Conditions 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 Individuals

Donating to a Good Cause

2.1. You can donate to any good cause by completing the charity matchmaking and donation process. Please note that that your Donation is to the Providing Organisation delivering the Good Cause. The role of CharityMatchmaker – unless expressly stated otherwise – is to act as a platform to connect individuals with the Providing Organisation. Donations can be made via Stripe or other payment methods as may be available from time to time. All Donations are processed under the terms of your agreement with the payment provider. Transaction fees may be applied by the relevant payment provider.

2.2. In most instances Donations are subject to a minimum donation amount as defined by CharityMatchmaker or the Providing Organisation. Donations will be processed in the currency which is indicated on the CharityMatchmaker and payment pages, or if not specified, the base currency of AUD.

If a donation is made in a different currency, conversion fees may apply, and may be charged to you by your financial institution. You may have a choice of making a one-off donation or a monthly (recurring) donation. As a result of this, the initial donation amount may be taken at the time of payment and for recurring donations each month afterwards for the term of the agreement or until you cancel.

2.3. In the case of payments not being processed, the payment provider will normally attempt to complete the transaction as per their own Terms and Conditions. In such case as the payment is still unable to be processed, the Providing Organisation may contact the individual to arrange alternative payment.

Holding and Release of Funds

2.4. Depending on the arrangements agreed with the Providing Organisation your payments may be deposited directly into the Providing Organisations bank account at the time of your donation less our Service Fee. Alternatively the payment may be deposited in the bank account of CharityMatchmaker and distributed to the Providing Organisation less our Service Fee within a minimum of 15 days to a maximum of 30 days from the collection of the funds.

Changes to and cancellations of Donations

2.5. Any donations already made and processed cannot be refunded unless under exceptional circumstances and at the discretion of the Providing Organisation or CharityMatchmaker depending on whether the funds were released at the point of a request to cancel the donation.

2.6. A Providing Organisation may cancel or refund a Donation at any time at their discretion and for any reason.

2.7. If you disagree with how a Providing Organisation is using your Donation, you should raise this directly with the Providing Organisation

CharityMatchmaker Fees + Transaction Costs

2.8. CharityMatchmaker does at this point not collect a fee and supports the operation and development of the Website and associated services pro bono however reserves the right to charge a Service Fee in the future.

2.9. In most instances the payment provider will levy a fee for processing the transaction and you should refer to their website for specific information on their transaction fees. This amount is deducted from the donation amount is not an extra charge imposed on the individual.

In the case of Stripe, CharityMatchmaker is charged 1.75% of the donation amount + 30¢ for each transaction for domestic cards and 2.9% of the donation amount + 30¢ for each transaction for international cards as of the time of writing of these Terms of Service.

2.10. If a Providing Organisation chooses to refund all or part of a donation, the CharityMatchmaker service fee and/or payment provider transaction fees are, in most circumstances, not refundable.

2.11. From time to time Providing Organisations may contract CharityMatchmaker to provide other services for which a fee is charged, however these fees are paid by the Providing Organisation out of their general operating budgets.

Tax deductions and receipts

2.12. When you make a donation, you will receive a confirmation for the amount of your donation. In most cases donations made will be tax deductible, but in certain cases the donation may not be tax deductible.

Where donations are tax deductible, you will receive a receipt from CharityMatchmaker which should be used for claiming tax deductions on your donation. It is your responsibility to contact us if such receipt is not forthcoming.

2.13. In exchange for being allowed to use our platform and associated services, 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. Donor Matching

3.1. Donor matching is administered by, and is at the sole discretion of CharityMatchmaker.

3.2. CharityMatchmaker reserves the right to refuse to donor match any donations which they believe to be fraudulent.

3.3. In relation to when a user commits to regular giving, a first month donation is made on the basis that the donor remains as a regular giver for a minimum of 6 months. In the event that a donor cancels their regular giving within 6 months, CharityMatchmaker reserves the right to deduct the donor match amount from any future donations remitted to the Charity.

3.4. If a donation is not matched, the only recourse available is a refund of the donation, and subject to the amount not already being remitted to the charity or the charity agreeing to refund the money.

4. Other Terms

Use of the Website

4.1. CharityMatchmaker reserves in its sole discretion the right, at any time and without notice:

(a) cancel, reject, or suspend a good cause or Providing Organisation;

(b) cancel or reverse a Donation made; and

(c) for non-compliance with these Terms and Conditions, and in cases where CharityMatchmaker suspects fraud or error, or for any other good reason.

4.2. Making a Donation does not entitle an individual to any interest in, or benefit from, the Providing Organisation.

Your relationship with the Payment Provider

4.3. To accept or provide donations, you will be required to create an account with a Payment Provider, such as Stripe. Your account with the payment provider will be subject to the Terms and Conditions of the relevant Payment Provider.

Tax-Deductible Giving

4.4. Donations and Contributions made via CharityMatchmaker may or may not be tax deductible for taxation purposes.

4.5. 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 Providing Organisation has Deductible Gift Recipient (“DGR”) status.

4.6. CharityMatchmaker 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 providing organisations status as, or eligibility to become, a DGR.

Indemnities

4.7. You agree to indemnify CharityMatchmaker, 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

4.8. CharityMatchmaker 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 us in asserting any available defences.

4.9. The indemnities above survive termination of these Terms and Conditions.

Disclaimers and Limitation of Liability

4.10. If you are a consumer, you have certain rights under consumer protection legislation (“Consumer Rights“), which cannot be excluded or limited by us. Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms and Conditions 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) CharityMatchmaker 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 and Conditions; and

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

4.11. If your Consumer Rights prevent us from excluding any of the representations, warranties, guarantees or other obligations referred to in relation to the services offered on the Website, to the extent to which CharityMatchmaker is entitled to do so and despite any other provision in these Terms and Conditions, CharityMatchmaker limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at our option:

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

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

4.12. CharityMatchmaker introduces individuals to Providing Organisations via the Website, but it is an individuals responsibility to investigate independently and satisfy him or herself as to the identity of the Providing Organisation and their ability to deliver the Good Cause. We do not represent, warrant or guarantee:

(a)        the identity, contact details or bona fides of the Providing Organisation, or the accuracy of any statements made on CharityMatchmaker pages;

(b)        the feasibility, suitability, appropriateness or success of a good cause

(c)            that the Providing Organisation will use your Donation(s) for the deliver of the Good Cause in accordance with the statements made on the applicable CharityMatchmaker page

(d)        the Providing Organisations capacity or willingness to deliver the good cause and/or for the period specific nor

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

4.13. To the fullest extent permitted by law CharityMatchmaker 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;

4.14. Neither you nor CharityMatchmaker will be liable for any delay in performing or failure to perform any of our obligations under these Terms and Conditions 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

4.15. Please see our Privacy Policy

Third Party Sites

4.16. 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 CharityMatchmaker. When accessing third party websites, you do so at your own risk.

Changes to the Website and these Terms of Service

4.17. CharityMatchmaker 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. We do not guarantee that any content, including your Content, will be available through the Website at all or specific times.

Governing Law

4.18. 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.

5. ‘$2,500 Donation for your Charity and $250 for you’ prize

5.1 Individuals may perform the Charity Match at Charity Matchmaker.com.au as many times as they like. But a nomination or vote is only cast when they submit their details

5.2 This competition is a game of skill, not a game of chance

5.3 Unless stated otherwise, each charity match with details submitted by a person = 1 vote, and any donation = 1 vote for every dollar donated

5.4 An individual may vote for up to 3 Charity organisations, and make a donation at any time

5.5 Unless stated otherwise, we will distribute 5 x $250 Prepaid Visa Cards and $2,500 to the Charity with the most Charity Matches + votes when the Charity Matchmaker database reaches 1,000 members

5.6 To be eligible for the donation, a Charity or not-for-profit must be registered with Charity Matchmaker

5.7 To be eligible to win one of the 5 x $250 Prepaid Visa cards, an individual must complete the questionnaire at CharityMatchmaker.com.au to be matched with your Charity and enter your personal details and SHARE your Charity Match via Social Media with an answer to the Question ‘Why you care so much about this cause?’

5.8 Charity Matchmaker will review all entries and social media shares and award the $250 to the 5 x entrants whose social media posts – at the sole discretion of Charity Matchmaker – are considered the 5 most original and insightful. The judges decision is final and no further correspondence will be entered into

5.9 Charity Matchmaker or one of their partners will make a $2,500 donation to the Charity Organisation with the most Matches and entrant sign ups

5.10 Entries will open on 6th November 2018 and close January 25th 2019 unless advised otherwise

5.11 Winners will be notified by email and telephone (where provided) and will have 30 days to confirm their details for payment to be made. If the winner has not responded within 30 days Charity Matchmaker reserves the right to choose another winner and award the prize

5.12 The prize draw will take place at 3:00pm January 26th 2019 at Lvl 13, 50 Carrington St, Sydney, NSW 2000 and 30 days afterwards if required

5.13 Charity Matchmaker reserves the right to reject any entry which they believe – at their sole discretion – is fraudulent.