TERMS AND CONDITIONS OF THE WEBSITE

THESE ARE THE TERMS AND CONDITIONS (“Terms”) ON WHICH Club Solutions Australia Pty Ltd (“Oxil”), ABN 69 160 018 351 and Organisation Pty Ltd (“Organisation”), ABN XX XXX XXX XXX, OFFER YOU ACCESS TO THE xxx.io ("Website") AND ITS SERVICES (“Our Services). You must read carefully and agree to accept these terms and conditions before you continue to browse or use this Website. If you continue to use this Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Our relationship with you in relation to this website.

We may, at Our sole discretion, amend or revise these terms and conditions at any time by updating the text of this page. You are bound by any such amendments or revision and should therefore visit this page periodically to review. Your continued use of the Website or the services provided on the Website following the posting of any amendments will mean that you accept these amendments. All registered Users will be notified of any amendments to our terms and conditions sent to the email address provided by the User to the Website.

These terms and conditions were last updated 31 July 2016 and is effective of 1 August 2016, for current users and upon acceptance of new users.

DEFINITIONS

Definition of words and phrases.

"Agreement" means this agreement, comprising the terms and conditions set out in this document. All other agreements provided on this site will be referred to in full.
“Cause” means
“Donors” means a person or entity supporting an Individual participating in a Program.
“Group” means an entity connected to Organisations including but not limited to schools, community groups and workplaces.
“Individuals” means a person participating in Programs developed by Organisations and run by Group.
“Organisation” means the licence holder of products and services developed by Oxil.
“Our Services” means all products and services developed by Oxil.
“Platform” means the Oxil platform (software) which provides Organisations a customisable platform for managing fundraising appeals and community engagement.
“Platform Data” means data entered by Users into the Platform, specific to the Organisation, Group or Program, to which Users are provided access pursuant to the Program or data which may otherwise be generated, compiled, arranged or developed using the Platform.;
“Programs” means programs developed by Organisations associated with fundraising appeals and community engagements.
"Privacy Law" means all legislation and principles and industry codes or policies, relating to the collection, use, disclosure, storage and granting of access rights to Personal Information.
"Relevant Law" means any:

statute, ordinance, code or other law including regulations and other instruments under them; and
any code of practice, guidelines or standards issued by relevant regulators or industry bodies, whether or not having the force of law.

"Users" means a User of the Platform, including but not limited to Groups, Donors and Individuals, and unless the context states otherwise includes you.
"Website" means Platform and all Website content including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials. All interface design, development and other services in relation to the creation and maintenance of the Website in the form of PHP, Hypertext Mark-up Language ("HTML") and JAVA.
"We, Us and Our" refers to Oxil Club Solutions Australia Pty Ltd (“Oxil”) ABN 69 160 018 351, the provider of the Website to you or Organisation Pty Ltd ABN XX XXX XXX XXX, the ??? of the of the Website to you.
"You and Your" means the User to whom the Website is provided by Us.

USER AGREEMENT – INDIVIDUALS (INCLUDING GUARDIANS)

To use this Platform you must first read and agree to accept all of the terms and conditions contained in this Agreement and those set out in Our Privacy Policy before you continue to browse or use this Website

This Individual User Agreement shall override any contrary terms or conditions published by Us or appearing on this Website pertaining to Users.

Becoming an Individual User on the Website is free. We do not charge Individual Users for joining, nor for participating in Programs.

If you are under the age of 13 your parent or guardian must agree to all terms and conditions before you are able to register.

We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process. If you are over the age of 13 and register as a User we enable you to access and use Our Services. If you are under the age of 13, you may only register under the supervision of a parent or guardian.

When registering you must ensure your User ID is not abusive, illegal, indecent, obscene, offensive, racist or threatening in any way and not in breach of any of Our policies. You may not use a term that could be confused with someone else's trademark or brand, unless you have authority from the trademark owner. You may not use a User ID that represents an email address or web site address (URL).

We in our absolute discretion reserve the right to refuse, suspend or terminate the registration of any User without notice or compensation.

Parent/Guardian

As a parent or guardian of a child under 13, you must verify that you are the parent or guardian of the child and to consent to the creation of a User account with Us for the child. Upon receipt of both parental verification and consent we will enable you to create a User account with Us for the child. If you are unable to consent to a child’s access to and use Our Services or do not verify your consent through the registration process, We will bar that child’s registration for a User account, prevent the child’s access to and use of Our Services and ensure that such child’s information is not accessible through the Platform.

As a parent or guardian you must agree to this Agreement together with our Privacy Policy.

USER AGREEMENT – GROUP

For the purpose of this Agreement, this clause has intentionally been left blank.

USER AGREEMENT – DONORS

As a donor you can anonymously donate through the Platform without registration. The only information collected from you in that process is the information required to complete the donation.

You may also register your details and be added to the Platform database. Acceptance of your registration and the continuation of it will be subject to this Agreement together with our Privacy Policy.

FUNDRAISING AND PHYSICAL ACTIVITY SECTION

By creating a fundraising page connected to a physical activity or fitness event (each such event, an “Event”) I agree as follows:

For the avoidance of any doubt, for the purpose of this clause “I” means “Individual User”.
I agree, represent, and warrant that I have received consent from my physician to participate in health and fitness programs, workouts, exercises, or any other related activities connected to my fundraising activities and declare that I am physically fit and have trained sufficiently to participate in and complete the Event.

I waive, release and discharge Oxil, the Organisation, the Group and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of my attendance at or participation in the Event. I also waive, release and discharge Oxil, the Organisation, the Group and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I or any person under my care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person or property being pushed, carried, accompanied or in any like manner by me. This includes children in child-carrying devices (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of my or their attendance at or participation in the Event. I agree to take all necessary precautions and actions to ensure any child or person accompanying me, whether in a child-carrying device or not, is safe. I indemnify and will keep indemnified Oxil, the Organisation, the Group and its officers, employees, contractors, volunteers and agents against all costs, losses or damages arising from or in relation to my attendance at or participation in the Event including the attendance or participation of any person in my care.

I consent to the free use of my name and pictures of me in any broadcast, telecast and print by Oxil, the Organisation, the Group in relation to the Event.

OXIL

This Platform is powered by Oxil. Oxil is a Platform designed to deliver custom Programs to Organisations in order for managing fundraising appeals and community engagements. Oxil acts as agent for the Organisation, Group and other Users of its services with limited authority to deliver Programs and facilitate the collection, accounting and payment of funds raised. Organisations, Groups and Users are given access to a functionality that enables them to create Programs, build web pages and contact their networks. All such actions are the actions of the relevant Organisations, Groups and Users. As a general proposition, Oxil accepts no liability whatsoever for the actions of Organisations, Groups or Users on this platform.

The Organisation has authorised Oxil to collect donations on its behalf and allocated funds in accordance to the Organisations instructions. Oxil accepts no liability for ensuring the funds are applied by the Organisation or Group in any particular way. If the User is dissatisfied with an Organisation’s or Group’s use of any donations the User makes through the Platform, the User should contact that Organisation or Group directly.

FUNDRAISING & CHARITY STATUS

If you are outside of Victoria, you must obtain a license to fundraise if you are conducting a physical appeal.

The presence of a Group or Organisations on the Website does not indicate an endorsement by Us of the charity or not-for-profit status by Us. Nor an endorsement of the content and opinions stated on the Group or Organisations page or the fundraising activity promoted by it. It is the Individual’s responsibility to check that you are directing people to donate to the Cause that you intend. We do not accept any responsibly for your Group, Organisation, Program or Cause selection, or the use of any donation by the Group or Organisation.

FEES

All fees and the distributions of funds are co-ordinated between Oxil and the Organisation. Should you have any questions regarding fees please contact the Organisation directly.

CREDIT CARD PAYMENTS (STRIPE & NAB)

Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Organisation or Group.

We do not store your credit card details. We utilise Stripe Payments Australia Pty Ltd payments services to make it easy and secure for you to make credit and debit card payments online.

RESTRICTED USE

Unless We agree otherwise in writing, you are provided with access to the Website only for your personal use or the use of your Organisation as a registered entity. Without limiting the foregoing, you may not without Our written permission on-sell or otherwise on-transmit information obtained from this Website.

SECURITY INFORMATION

Data transmission over the internet cannot be guaranteed as totally secure. We do not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to the Website is transmitted at your own risk. Nevertheless, once the Website receives your transmission, we have taken reasonable steps to protect the Personal Information we hold from misuse, interference (including computer attack), loss and from unauthorised access, modification or disclosure.

We use industry standards to protect the integrity and confidentiality of information stored by us including duplicates of all transactions in separate locations, financial institution matching and continued reviewing of our systems and procedures.

Secure Credit Card Transaction

All credit card transactions are made on an encrypted HTTPS server using the Secure Sockets Layer (SSL) transport mechanism up to 256-bit SSL encryption. We do not store your credit card details on any of our servers, and only use the most secured payment gateways to process your transactions.

PROCESSING & TECHNICAL ERRORS

In the event of errors in processing, Website downtime or any other errors or delays caused to the Website as a result of unforeseen technical difficulties associated with our servers, data hosting centre, internet service provider or any other reason, We reserve the right to, prior to, during, or after, the original time set for conclusion of the online auction:

decide to extend an online auction for a period of time (determined at our discretion);
decide to extend an online auction for a period of time (determined at our discretion) and the extended auction can include the previous auctions bidding history;
decide to re-open an online auction for a period of time - to be determined at our discretion;
retract any Winning Bidders emails which may have been sent out to bidders prior to or following (as the case may be) the conclusion of an online auction; and/or,
void that entire online auction transaction and open the auction again at the original start prices.

We do not warrant to you that the services will be available at all times or at any specific times nor is it responsible in the event a transaction is not processed due to technical difficulties affecting the Website function.

NO WARRANTIES

We provided this Website on an "as-is" basis and the only obligations on Us are set out in this Agreement.

To the full extent permitted by law:

(a) We will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of services supplied pursuant to the Services offered over this Website;

(b) We give no warranty or condition, express or implied other than those expressly set out herein;

(c) We do not warrant that the functions contained in this Website and the services provided will be uninterrupted or error free, that defects will be corrected, or that this Website or its servers are free of viruses or other harmful components;

(d) We do not warrant or make any representations regarding the use or the results of the use of this Site; and

(e) We expressly exclude all guarantees, terms, representations and warranties that would otherwise arise or be implied by law in respect of any Item.

The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and We give no warranty, expressed or implied, in connection with such facilities. To the full extent permitted by law, We will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities.

PRIVACY

When you use Our Services, you trust us with your information. We have written a Privacy Policy to help you understand what data we collect, why we collect in and what we do with it. For that reason we ask that you read Our Privacy Policy carefully before using our services. We are committed to complying with the Australian Privacy Principles (APP) contained within the Privacy Act 1988.

Privacy Policy is available here.

COPYRIGHT

Copyright of this Website (including but not limited to content, text, graphics, logos, pictures, code, scripts, algorithms, applets, audio, video and other materials) is owned and operated by Us. You may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Website; or commercialise any information, products or services obtained from any part of this Website without prior written permission from Us.

RELEASE & INDEMNITY

You agree to release Us from any claims, demands or damages arising from any disputes. Our services are provided without warranty of any kind either express or implied and you are aware from time to time we may not be able to provide continuous service due to reasons outside our control.

You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless against any claims or demands, losses and damages of whatsoever nature, including legal fees and costs, made against Us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using Our services. You agree to be responsible for your own actions.

GENERAL PROVISIONS

System Integrity

You must not:

(a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any auction being conducted on this Website;

(b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Website;

(c) disclose or share your password to any third parties or use his/her password for any unauthorised purpose.

Disputes

A dispute resolution process may be entered into with Us to assist to resolve a dispute however this in entered into with full adherence to this Agreement. This is achieved by contacting Us via the Website.

General Compliance with Laws

You must comply with all laws and regulations and you agree not to violate the Broadcasting Services Act 1992 or the Trade Practices Act 1994 or any of The Department of Fair Trading Legislation or any other legislation, and that you are personally responsible for your activities when using the Website, AND YOU AGREE TO COMPLY WITH THE LAW AND OUR T&C AND PRIVACY POLICY.

No Agency

We are not your agent for any purpose in relation to this Agreement or your use of Our services.

No Waiver

A provision of this Agreement or a right created under it may not be waived except in writing signed by Us and any parties aforementioned in this Agreement subject to the waiver.

Partial Invalidity

If any provision of this Agreement is void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, the provision must be read down to the extent it can be to save it, but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it, but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.

Entire Agreement

This Agreement constitutes the entire Agreement in respect of the subject matter of this Agreement and supersedes all prior discussions, undertakings and deeds.

Conduct

Users are not to assume that the practices or conduct of other Users that you observe is necessarily in conformance with their obligations under this Agreement or that you may act similarly. We do not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

We do not accept any obligation to protect you from any unsafe services that may be offered on the Website. Please do not assume that such items offered will be harmless to people or property.

Notices

Except as explicitly stated otherwise, any notices shall be given by way of email. In respect to registered users, notices shall be deemed as given if sent to the email address provided by the user to the Website during the registration process or such other address as the user shall specify.

Alternatively, We may give notice to the users by pre-paid ordinary post to the address provided to Us during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.

Force Majeure

Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted or prevented by reason of any act of God, fire, natural disaster, act of government, strikes or labour disputes, inability to provide raw materials, power or supplies, or any other act or condition beyond the reasonable control of the party in question.

Currency

All prices are in Australian Dollars (AUD).

GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of Victoria.

Termination

We in its absolute discretion reserves the right to terminate this Agreement, your membership and your access to this Website at any time without notice. Where this Agreement is terminated, those clauses capable of surviving such termination shall do so.

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