1. Introduction

1.1 Welcome to Sydney High School Foundation (www.shsfoundation.org.au) (the “Website“) and its associated services are operated by Sydney High School Foundation Inc. (ABN 62 078 650 439) (“SHSF” 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 where Sydney High School Foundation Inc raises funds for projects to benefit social, community or charitable causes and where Supporters can donate money (“Donation“) to support those Projects.

1.3  Please read these Terms of Service 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, you agree to these Terms of Service.

1.6 These Terms of Service may change or be updated from time to time. Sydney High School Foundation Inc will post updates to the Terms of Service on the Website from time to time. You must check for updates whenever you access the Website. The latest version of these Terms of Service 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 DONATORS

Donating to a Sydney High School Foundation Inc

2.1 Online Donations are made via Commonbank Simplify, All credit and debit card Donations are processed by Commonbank Simplify in accordance with the terms of this Agreement. Donations cannot be made by any other method. Transaction fees apply (see clauses 2.16 and 2.17 below for more information).

2.2 Donations are subject to a minimum of $1.00 per Donation. Donations will be processed in the currency which is indicated on the campaign and payment pages. If your payment card is in a different currency, conversion fees may apply, and may be charged to you by your financial institution.

2.3 SHSF will not pursue Donators for Donations. It is the responsibility of the Donator, whose payment has failed, to contact SHSF and to ask them to provide an alternative payment method.

2.4 Donations to a campaign will be charged to your credit or debit card at the time you make your Donation. Commonbank Simplify Donations will be paid to the Sydney High School Foundation Inc account at or around the time of your Donation. 

Refund Policy for Donations

2.5 You may not cancel a Donation once your Payment has been collected. If you wish to increase your support for after a Donation has been processed, you must make a further Donation.

2.6 SHSF may cancel or refund a Supporter’s Donation at any time at their discretion and for any reason.

2.7 Unfortunately, we are not able to refund any part of a Contribution (including transaction fees) if your Donation is returned because if a campaign is cancelled or for any other reason.

2.8 If you disagree with how a SHSF has used your Donation, you should raise this with the SHSF via the contact page.

Further support for Sydney High School Foundation Inc

2.9 Supporters may be invited by a SHSF to assist in promoting a campaign online (e.g., by spreading the word on Facebook, Twitter or email) and/or by word of mouth. If you choose to do so, you must comply with all lawful instructions, guidelines and requirements imposed by the SHSF when doing so.

2.10 The Website is not currently able to, or intended to, offer real-life volunteering opportunities with SHSF. Requests for volunteers on a campaign should contact SHSF directly.

2.11 SHSF takes no responsibility for the acts, omissions and communications of Users in promoting or engaging with a campaign, or not.

Contributions to Chuffed and transaction fees

2.12 The total Contribution shown on the payment page will include all transaction fees applicable to your Donation. Transaction fees are charged by CommonWealth Bank; the balance of the Contribution will be transferred from the Sydney High School Foundation Inc.

2.13 You may amend the amount of your Contribution, but – to cover the cost of processing your Donation – the smallest amount you can choose is an amount equal to the transaction fees applicable to your Donation. Transaction fees may vary depending on region and other factors. The minimum transaction fee payable for all transactions is $0.26 plus 2.0% of the value of the payment.

2.14 CommonWealth Bank process Contributions at or around the time when your Donation is processed.

Tax deductions and receipts

2.15 When you make a donation, you will receive a receipt from us for the amount of your donation. In some cases donations made to a SHSF will be tax deductible, but in other cases the donation may not be tax deductible.

2.16 It is your responsibility to confirm whether SHSF has the appropriate legal status to allow you to claim a tax deduction. 

2.17 In exchange for being allowed to use the Website, 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. Terms for All Users

Use of the Website

3.1 You must be 18 years or older to donate to SHSF and to use the Website.

3.2 You must provide accurate, complete, and current information when you register with SHSF and must keep this up to date. Failure to do so constitutes a breach of these Terms of Service and, in serious cases, may result in immediate termination of your account.

3.3 You must give your real name on the Website. You must not use any name or term that:

a)  is the name of another person, with the intent to impersonate that person;

b) is subject to any rights of another person, without appropriate authorization; or

c) is otherwise offensive, vulgar, or obscene.

3.4 SHSF also reserves the right to reverse a Donation made to a Campaign including any transaction fees chargeable as part of the original Payment and on the reversal of the Payment at any time after the Donation is processed, including without limitation in the case of a charge back. Any fees will be deducted from the original amount of your Donation prior to us issuing any refund to your account.

3.5 Making a Donation does not entitle a Supporter to any interest in, or benefit from, the Campaign.

Your relationship with Commonwealth Bank

3.6 All Donations and Contributions are processed via Commonwealth Bank. The use of the services is subject to your agreement with Commonwealth Bank. SHSF is not responsible for the performance of Commonwealth Bank or your use of its services. Any technical issues or other problems with making or receiving Donations via Commonwealth Bank should be addressed to Commonwealth Bank’s customer service department. If Commonwealth Bank is unable to resolve an issue with a Donation that has been made, you should contact the SHSF to whom you made your Donation for assistance.

Tax-Deductible Giving

3.7 Donations and Contributions made via SHSF may or may not be tax deductible for taxation purposes.

3.8 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 Campaign qualifies as an entity that is legally allowed to issue tax deductible or Gift Aid receipts in your jurisdiction.

3.9 SHSF 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 SHSF’s status as, or eligibility to become, an entity allowed to issue tax deductible or Gift Aid receipts.

3.10 For the issuance of tax receipts, SHSF provides all donors with a receipt. However, only donations made to SHSF who have indicated that they are eligible entities are tax deductible. SHSFdoes not assume any responsibility for a failure to provide tax receipts. See clauses 2.21, 2.22 and 2.23 for further information.

Your Conduct, Representations and warranties

3.11 You personally represent and warrant to SHSF that:

(a) you are least 18 years of age

(b) you have the legal capacity and authority to agree to these Terms of Service and grant the Licence (including, if you are accepting these Terms of Service on behalf of a SHSF, that you are authorised to do so) ;

(c) you have obtained the consent of all individuals whose Personal Information is included in the Content to the use and disclosure of the Personal Information to SHSF and otherwise in accordance with the SHSF Privacy Policy.

Indemnities

3.12 You agree to indemnify SHSF, 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

(c) the publication or use of Content submitted by you or any third party using your account in accordance with the Licence in clause 4.17, including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, right to privacy, copyright infringement, trade mark infringement, other intellectual property infringement, disclosure of confidential information, passing off, and misleading or deceptive conduct.

3.13 You agree to notify SHSFof any matter(s) that could reasonably be expected to fall within clause 3.12 above as soon as possible after you become aware of such matter(s).

3.14 SHSF 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 SHSF in asserting any available defences.

Disclaimers and Limitation of Liability

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

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

3.16 If your Consumer Rights prevent SHSF from excluding any of the representations, warranties, guarantees or other obligations referred to in this clause 3.15 in relation to the services offered on the Website, to the extent to which SHSF is entitled to do so and despite any other provision in these Terms of Service, SHSF limits its liability in respect of any claim relating from those non-excludable representations, warranties, guarantees or other obligations to, at SHSF’s option:

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

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

Privacy

3.17 SHSF takes your privacy very seriously. All your Content and your personal information is held in accordance with the SHSF Privacy Policy. Please review this document carefully to ensure you understand it before accepting these Terms of Service.

Third Party Sites

3.18 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, SHSF. When accessing third party websites, you do so at your own risk.

Changes to the Website and these Terms of Service

3.19 SHSF 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. SHSF does not guarantee that any content, including your Content, will be available through the Website at all or specific times.

Governing Law

3.20 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.