(1) ACCEPTANCE OF TERMS
Welcome to Dooable.com.au. Dooable requires that all donors, fundraisers, non-profit organizations and all other visitors (collectively known as “users”) to its site (“the Site”) agree to the terms and conditions set in this User Agreement. You should review carefully the following terms and conditions. BY USING THE SITE, YOU INDICATE YOUR ACKNOWLEGEMENT AND AGREEMENT TO THIS USER AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE. As used in this Agreement, “we,” “our” and “us” means Dooable unless otherwise indicated.
(2) WHO WE ARE
Dooable is a for-profit social enterprise headquartered in Melbourne, Victoria, Australia
(3) WHAT WE DO
Dooable provides an online fundraising or donation platform to individuals and non-profit organizations to raise money for medical associated costs or expenses. Each fundraiser receives a personal fundraising profile page where he or she can post stories, photos and videos about their projects as well as receive credit card or PayPal donations from friends and family. Additionally, through our advanced search tools, all visitors to the Site can search through many other projects and choose to donate to the ones that best match their philanthropic interests.
(4) Modifications to the User Agreement
(5) Availability of the Site
The Site may change without prior notice. Other features or services available within the site may be discontinued at any time, and without notice. The media or services on the Site may be out of date, and Dooable makes no commitment to update these materials on the site.
(6) ELIGIBILITY TO USE THE SITE
By using the site, you represent and warrant that (1) all information you submit is truthful, current, complete and accurate; (2) your use of the site does not violate any applicable law or regulation; and (3) you are at least 18 years of age or have received parental consent and supervision when using the site. Dooable may, at its sole and absolute discretion and at any time, terminate your privilege to use this Site for any other reason.
(7) SERVICES PROVIDED BY DOOABLE
(8) DOOABLE FUNDRAISER ACCOUNTS
(9) ADDITIONAL PROVISIONS SPECIFIC TO FUNDRAISER ACCOUNTS
Any individual, entity or organization that registers for a fundraiser account is subject to the following additional terms of this User Agreement that apply specifically to fundraisers. By clicking the “Create” button, you indicate that you understand and agree to the following additional terms in the section below.
(10) FUNDRAISER REPRESENTATIONS
By registering to become a fundraiser, you warrant and represent that: (a) You are an Australian Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Dooable is truthful, current, complete and accurate and you will update the information to maintain its accuracy; (c) You are raising money for a medical cause that is legal under all applicable federal, state and local laws and regulations; (d) You will use all donated funds solely for the purpose you have stated on the Site, and under no circumstances may you use the funds for any other purpose; (e) You will make all reasonable efforts to send a thank you note to donors who have donated to your project. Additionally, you understand and agree that upon request, you may be required to provide supplementary information about yourself or your organization as a condition of continued use of the service. Fundraisers also authorize Dooable to conduct background inquiries, as Dooable deems appropriate to assess a fundraiser’s eligibility for the Service or to review the fundraiser’s continued use of the Service.
(11) ADDITIONAL PROVISIONS SPECIFIC TO DONORS
Any individual, entity or organization that registers for a donor account is subject to the following additional terms of this User Agreement that apply specifically to donors. By clicking the “Give Now” button, you indicate that you understand and agree to the following additional terms in the section below that apply specially to donors.
(11A) DONOR REPRESENTATIONS
By registering for a donor account, you represent and warrant that: (a) You are an Australian Citizen, 18 years of age or older, or if you are under 18, you have received parental consent and are acting under parental supervision; (b) All information you provide to Dooable is truthful, current, complete and accurate and you will update the information to maintain its accuracy; and (c) Any donation you make is legal in your jurisdiction. Dooable will not be held liable for any loss or damages due to non-compliance. Additionally, by using the Dooable service you understand and agree that your use of the Site and use or reliance upon any of the materials through the site is solely at your own risk. While we take reasonable efforts to review fundraising events for compliance with the Dooable eligibility requirements, Dooable does not verify, endorse or control any of the information on the Site, unless it is of official documentation.
(12) User Conduct
THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 18. If you are under 18 years of age, then please do not use the Site unless you have received parental consent and are acting under parental supervision. In connection with User Submissions, you affirm, represent, and/or warrant that:
- You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Dooable to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by Dooable and these Terms, and
- You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Dooable and these Terms.
In connection with User Submissions, you further agree that you will NOT:
- Submit material that is not authorized by the copyright owner, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post and sell the material and to grant Dooable all of the license rights granted herein;
- Publish falsehoods or misrepresentations that could damage Dooable or any third party;
- Submit material that is unlawful, false, inaccurate, misleading, defamatory, libellous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;
- Distribute or post spam, chain letters, advertisements, promotional materials, pyramid schemes or solicitations of business;
- Harvest or otherwise collect information about users, including email addresses, without their consent; or
- Impersonate another person or entity.
- You understand that when using the Site you will be exposed to User Submissions from a variety of sources, and that Dooable is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dooable with respect thereto, and agree to indemnify and hold Dooable, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
(13) Prohibited Uses
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
- Access to the Dooable Materials and the Site from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
- Your use of any of the Dooable Materials other than for approved commercial or non-commercial use is strictly prohibited.
- You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site.
- You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
- You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.
- You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
- The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- You may not utilize framing techniques to enclose any trademark, logo, or other Dooable Materials without our express written consent.
- You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Dooable’s name or trademarks without our express written consent.
- You may not deep-link to the Site and will promptly remove any links that Dooable finds objectionable in its sole discretion.
- You may not use any logos, graphics, or trademarks of Dooable or those related to the Site as part of the link without our express written consent.
- You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(14) TRANSACTIONS BETWEEN PARTIES
Dooable serves as an intermediary between donors and beneficiaries. After a project has been completed by reaching a predetermined deadline, Dooable remits all donated funds (less any service fee) to the project’s beneficiary via Paypal transfer. If a Dooable fundraising event is found to be in violation of the terms of this User Agreement, Dooable reserves the right to terminate the fundraiser and user account and return funds to donors. Dooable does not warrant that funds will be used for any particular purpose and is not responsible for any misuse of the funds by the beneficiary or user. After Dooable or Paypal transfers funds to the beneficiary, all further dealings are solely between you and such organizations and individuals. By using this site you understand and agree that Dooable shall not be responsible for any losses or damages incurred as a result of the fundraising event. In the event of a dispute between users (including but not limited to fundraisers, donors, beneficiaries, and third parties), you agree to release Dooable, its employees, agents, affiliates, directors, officers, representatives, subcontractors, advisors and volunteers or anyone else who has participated in the creation development or delivery of this Site (collectively “Dooable and its Affiliates”) from all claims, damages and demands that may or may not be known, suspected or related to such disputes about our service. Although Dooable shall not be held liable for the actions of a fundraiser, Dooable reserves the right to terminate a fundraising event at any time and for any reason. Dooable also reserves the right to remove a fundraising event and/or User from the Site at any time and for any reason.
(16) YOUR PROPRIETARY MATERIAL
You own all your trademarked materials provided by you in connection with your use of the Dooable Service. By using the Site, you grant to Dooable a nonexclusive, royalty-free transferable, fully paid-up worldwide license to use copy, display, transmit, publish and distribute your trademarked materials for the sole purpose of providing the services described in this User Agreement. You also grant Dooable the right to include your name and logo in press releases as well as other announcements on the Site. Dooable obtains no other right, title or interest in your trademarked materials except as set forth herein
(17) OUR PROPRIETARY MATERIAL
Dooable and its licensors shall retain all intellectual property rights in the software, data, design, tools and any other material or content developed or provided by Dooable pursuant to this User Agreement including but not limited to the Dooable Service, and all data, pictures, videos, text, sound, graphics, logos, marks, symbols, digital materials and any and all other content provided by Dooable.
Dooable Pty. Ltd., Dooable, Dooable.com.au, the Dooable logo and any other product and service names that we may present on the Site are trademarks or registered trademarks of Dooable Pty. Ltd. Other trademarks, service marks or logos that appear on the Site may be the property of third parties and are likely to be registered trademarks and subject to restrictions as to their use. Your use of the Site does not grant you a right or license to use or reproduce any Dooable or third-party trademarks without first receiving the express permission of both Dooable and the Trademark owner.
Dooable and third-party providers collectively own all material and content of this Site. All such content is protected under intellectual property and proprietary rights laws. You may use the Site and its content and materials only for the purposes stated in this User Agreement. You may copy such content for your own personal, non-commercial use only, provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the Site’s content including but not limited to text, graphics, logos, sound, images, photographs, video, or software is permissible without the express written consent of Dooable and where applicable, the copyright holder.
(20) DISCLAMER OF WARRANTIES
Dooable makes no warranties regarding the safety of the Site and the accuracy of the content on the site. Dooable retains the right to restrict the use of the Site for any reason and at any time. Each party represents and warrants that it shall perform its obligations so as to comply with applicable federal, state and local laws, ordinances and regulations. Additionally, you warrant that you own or otherwise have sufficient rights to grant the license granted to your proprietary material in compliance with all applicable laws and regulations including but not limited to any Australian patent, copyright, trademark, or trade secret law or regulation. You further warrant that the use of your proprietary material will not infringe upon any intellectual property, or any other rights of any third party. Except as otherwise expressly provided, all content, information, services and tools and on this Site are provided on an “As Is”, “As Available” basis. Use of this Service is solely at your own risk. DOOABLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDTIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INLCUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DOOABLE MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. To the extent permissible by law, Dooable expressly disclaims any and all other warranties and makes no representation as to whether online donations are tax deductible. Dooable shall have no liability for any claim by any federal tax authority with respect to any characterization by you or any user on any applicable federal tax return.
(21) LIMITATION OF LIABILITY
YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT APPLICABLE BY LAW, IN NO EVENT WILL DOOABLE AND ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM ANY USE OF THE SITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, FAILURE OF PERFORMANCE, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT OR NETWORK FAILURE OR OTHERWISE, EVEN IF THERE IS NEGLIGENCE BY DOOABLE OR AN AUTHORIZED DOOABLE RESPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AGREE THAT YOUR USE OF THE SITE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO SUE DOOABLE AND ITS AFFILIATES OR TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR DAMAGES OR LOSSES RESUTLING FROM YOUR USE OF THIS SITE. IN NO EVENT WILL DOOABLE’S LIABILITY TO YOU FOR ANY AND ALL OF YOUR CLAIMS AGAINST DOOABLE AND ITS AFFILIATES ARISING OUT OF OR RELATED TO USE OF THIS SITE OR ITS CONTENTS THEREOF OR ANY HYPERLINKED WEB SITE EXCEED THE ACTUAL DIRECT DAMAGES INCURRED AS MEASURED BY THE TOTAL REVENUE RECEIVED BY DOOABLE RESULTING FROM YOUR USE OF THE SERVICE DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE CLAIM IS MADE.
You agree at your expense to indemnify, defend and hold harmless Dooable and its affiliates from any and all loss, damage or liability including reasonable attorney’s fees arising from any third-party claim, action or allegations of infringement based on: (1) information, content or data you submitted in connection with the Site; (2) your use of this Site in breach of any term or condition in the User Agreement; (3) any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct; (3) breach of your representations and warranties as set forth herein.
(23) PARTNER SERVICES
The Site may provide links to third-party websites or services and may link you automatically to sponsor’s or third-party’s websites or services. Dooable provides such links solely as a convenience to you. Dooable does not maintain, review, endorse or take responsibility for the content, products, services or other materials of linked sites. You understand and accept that you take full responsibility for your use of third-party websites or services.
(24) CONTENT ON WEBSITE
You are solely responsible for the content you post on the Site including but not limited to photos, text, videos, graphics, and personal profiles. Information, ideas or opinions posted by users of the Site do not necessarily reflect our views and Dooable does not take any responsibility for the accuracy of any information, ideas or opinions posted by users. Dooable shall not be liable for any damages or losses resulting from such information, ideas or opinions. As a Dooable user, you understand and agree that Dooable may terminate any fundraising event, user membership or access to use the site at any time and for any reason. By posting any information or other content on the Site, you have authorized Dooable to publish such materials in any manner desired without any obligation to compensate you or anyone else. You further understand and agree that Dooable may monitor and delete any content that we, in our sole and absolute discretion, believe violates the terms of the this User Agreement or which may be illegal or offensive, or which poses a threat to the rights or safety of Dooable users. Prohibited content includes but is not limited to anything that:
- Is unlawful, defamatory, harassing, inciting, threatening, hateful, harmful, bigoted, racially offensive or otherwise objectionable;
- Interferes with another user’s rights to privacy;
- Displays sexually explicit material of any kind;
- Collects, stores or solicits user’s personal information for commercial or unlawful purposes without the consent of Dooable;
- Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable law or regulation;
- Contains any personally identifiable information about another use without that person’s express consent;
- Uses false or misleading e-mail addresses or attempts to disguise the origin;
- Posts any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Posts any materials that may damage the operation of a computer (such as a virus worm or Trojan horse); or
- Advertises or sells any goods or services.
(25) MAKING A DONATION THROUGH DOOABLE
Dooable provides online fundraising tools to non-profit organizations, individuals raising money on behalf of non-profit organizations, and individuals who wish to raise money for projects unaffiliated with a non-profit organization. Because Dooable allows individuals to raise money, not all of which are associated with non-profit organizations, Dooable makes no representations and does not warrant that donations to any particular project are tax-deductible. Additionally, Dooable makes no representations or warranties regarding the accuracy of any information contained in Users’ profile and project pages. Users use the Site entirely at their own risk. Dooable does not warrant that the information listed in a User’s profile page is an accurate description of the User or a real person. Dooable does not warrant that the information listed in a User’s project page is an accurate description of the project, the User’s intended use of donations or that the project exists. Dooable does not warrant that a User who receives donations for a project will use the funds in a manner specified in their project description. If you have any reservations regarding the legitimacy of a particular fundraiser or fundraising event, DO NOT DONATE.
(26) FEES AND TAXES
Dooable charges an administration fee of 5% + PayPal transaction fees on all proceeds from fundraiser projects. Disbursement of funds (less all applicable fees) will be made at the completion of the fundraising event unless earlier payment is set up or a request for earlier payment is approved by Dooable in its sole discretion. Users and/or beneficiaries have full responsibility for all applicable taxes for funds paid. User agrees to indemnify, defend and hold Dooable harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labour or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Dooable by the relevant taxing authorities with respect to any funds paid.
(27) VIOLATIONS AND TERMINATION
(28) User Communications
Under this User Agreement, you consent to receive communications from the Site electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(29) RESOLUTION OF DISPUTES
This User Agreement shall be governed by federal laws and the laws of the state of Victoria without regard to its conflict of laws provisions. You agree that any disputes or claim arising out of or in connection with this User Agreement shall be adjudicated in the state of Victoria. Any provision of this User Agreement that is found to be invalid or unenforceable will be replaced by a valid and enforceable provision that achieves, as near as possible, the same objectives as the deleted provision was intended to achieve. The remaining provisions of this User Agreement shall remain in full force and effect. The failure of Dooable to act with respect to a breach by you does not waive the right of Dooable to act with respect to similar future breaches. You may not attempt to assign or transfer any right or obligation set forth in this agreement without obtaining Dooable’s prior express written consent. This agreement shall be binding upon each party’s successors and assigns. Dooable shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Dooable’s reasonable control. Any notice required or given to you under this User Agreement shall be sent to the e-mail address you provided by you upon registration. Except as otherwise expressly provided, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law or in equity. YOU AND DOOABLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STIE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as explicitly stated otherwise, legal notices shall be served on the Site’s national registered agent or to the email address you provide to the Site during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
(31) ENTIRE AGREEMENT
This User Agreement constitutes the complete and entire understanding and agreement between Dooable and you in connection with your use of this Site, hyperlinks to the Site and the content and software displayed on the Site, and supersedes any prior agreements, proposals or understandings between you and Dooable including prior versions of the User Agreement. As a user of the Site you, you understand and are held responsible for periodically reviewing the terms of this User Agreement. Dooable may update this User Agreement from time to time by posting revised versions of the Agreement on the Site without notice to you except that we will post the effective date at the top of the User Agreement. Any continued use of the software or Dooable service by you after such amendments have been posted shall be deemed your acknowledgement and consent to the amended terms. The services hereunder are offered by: Dooable Pty. Ltd.