TERMS & CONDITIONS
This Agreement does not constitute an agreement by My Charity Change to provide services to you. Such an agreement with you is only formed when your My Charity Change Account is established in accordance with the terms of this Agreement. My Charity Change will only provide its services to users who meet its eligibility requirements which, at this time, include a requirement that the users be an Australian resident. Please be aware that whilst My Charity Change will not be bound to provide you with services prior to the establishment of your My Charity Change Account, your use of the Website or App prior to that point (eg. any browsing activity of the publicly accessible portions of the Website or App) will remain subject to this Agreement.
My Charity Change may, from time to time, amend this Agreement. Any such amendments will be posted on the Website and/or App and will take effect at least fourteen (14) days after such posting. If you do not accept such amendments to the Agreement, you cannot continue to use the Website or App. By using the Website or App, you agree that the then current version of this Agreement (including any amendments effective at that time) applies to your use of the Website or App.
General Advice Only
My Charity Change reserves the right to modify, discontinue or disable the Website, App or any part of the Website or App (on a permanent or temporary basis) at any time. While My Charity Change will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, you agree and accept that it may not always be possible to provide you with such prior notification.
You must not use the Website or App:
- To collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
- For any unlawful purpose.
You must not violate or attempt to violate the security of the Website or App. You must not hack into the Website, App, My Charity Change computer systems or the computer systems of other users of the Website or App. “Hacking” means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website/app.
If you breach the terms of this Agreement, My Charity Change may (at its option, and without limiting the remedies available to My Charity Change in any way) terminate its agreement with you or bar you from accessing the Website or App on a temporary or permanent basis.
Usernames and Passwords
You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and account(s) used on the Website or App. Please notify My Charity Change immediately if there is any unauthorised use of your account by any other internet user or any other breach of security via written email to email@example.com.
You are responsible for the security of your username and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.
Intellectual Property Rights
The Website or App and all content contained on the Website or App (including without limitation all text, graphics, icons, advertisements, photographs, databases, trademarks and other information contained on the Website or App (other than Third Party Content) (My Charity Change Content) and all intellectual property rights that subsist in the Website or App and My Charity Change Content, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by My Charity Change or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.
Subject to this Agreement and all applicable laws and regulations, My Charity Change grants you a non-exclusive, non-transferable, personal, limited licence to download, access, view, use and display the My Charity Change content which My Charity Change makes available to you from time to time on the terms and conditions set out in this Agreement.
You must not do anything which breaches or otherwise interferes with My Charity Change’s intellectual property rights or the intellectual property rights of any of My Charity Change’s third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any My Charity Change Content without the prior written permission of My Charity Change or the relevant third-party licensor or exploit such contents for commercial benefit.
All rights not expressly granted are reserved by My Charity Change.
Third Party Activities
The My Charity Change Website or App may contain links to third party websites where content is not controlled by My Charity Change (Linked Sites and charitable partners)
Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply My Charity Change’s endorsement of that Linked Site or any content created or uploaded by a party other than My Charity Change, including all text, graphics, icons, advertisements, photographs, databases, trademarks and other information created and/or uploaded by such a party (Third Party Content). My Charity Change has no control over and is not responsible for any Linked Site or any Third-Party Content.
Your use of Third-Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party’s terms and conditions of use. It is your responsibility to check and comply with such terms.
To the full extent permitted by law, My Charity Change 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 this Agreement.
To the full extent permitted by law and subject to clause, the Website or App and My Charity Change content is provided to you “as is” and on an “as available” basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that My Charity Change does not guarantee continuous, uninterrupted or secure access to the Website, App or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Website or App. You should consider the potential for disruption or other difficulties in planning your use of the Website or App. To the extent permitted by law, My Charity Change has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the My Charity Change Website or App.
To the full extent permitted by law, subject to and except where the relevant liability arises from My Charity Change unlawful actions, neither My Charity Change nor any party involved in creating, producing or delivering the Website or App accepts any liability for the accuracy, timeliness or completeness of the information contained on the My Charity Change Website or App or any responsibility for any errors or omissions in the content on the My Charity Change Website or App.
To the full extent permitted by law, subject to clauses and except where the relevant liability arises from My Charity Change unlawful actions, My Charity Change excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Website, App or otherwise in connection with:
- Your use of, or reliance on, the Website or App (or any of the My Charity Change Content, Linked Site or Third-Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise));
- The accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the My Charity Change Website or App; and/or
- Any errors or omissions in the content on the Website or App, whether or not My Charity Change is aware of such errors or omissions.
Certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that My Charity Change is entitled to do so, My Charity Change limits its liability pursuant to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.
You agree to fully compensate My Charity Change and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:
- Your material breach of this Agreement (noting that for the purposes of this clause, a material breach will include, without limitation, a breach of a representation, obligation or warranty);
- Any misuse or use of My Charity Change Content in breach of this Agreement; and
- Any act of fraud or wilful misconduct by or on behalf of you.
We may provide you with notices in connection with this Agreement by posting such notices on the My Charity Change Website or App or, where appropriate, by email or mail if you have provided contact details for that purpose.
My Charity Change may assign this Agreement provided that the relevant assignee undertakes to perform all of My Charity Change obligations herein.
The obligations to compensate for losses incurred by My Charity Change and its officers, employees and agents in this Agreement are continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement and absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.
This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
By applying for an My Charity Change Account;
- You consent to receive any and all advice, documents, information, or other communications from My Charity Change electronically through the Website, the App, email or otherwise over the internet;
- You agree that you will use the App for all transactions in respect of your My Charity Change Account;
- You agree and acknowledge that you must have a direct debit arrangement in place either through bank account and/or bank card to make donations from your My Charity Change Account to nominated charitable organisations.
- You agree and acknowledge that you must use the App to connect your bank account and/or bank to the My Charity Change App in order to make donations to nominated charitable organisations.
- You agree and acknowledge that we will use your personal information to send you messages (via text message or email) containing important information about your My Charity Change Account. These messages are an important part of the service that we provide to you and will be sent to you as long as you hold an My Charity Change Account. You cannot opt-out of receiving these messages.
My Charity Change Charitable Partners
If you have signed-up for a My Charity Change Account and process payments toward charitable organisations, from time to time, those charitable organisations (and only those) may be available to you for communication.
Notwithstanding any other provision of this Agreement, My Charity Change may terminate, cancel or amend all or any portion of any My Charity Change relationship. Advance notice will be provided (via the My Charity Change Rewards page within the App) where possible. However, you acknowledge that the My Charity Change.
Direct Debit Request Service Agreement
Definitions In this agreement:
- a. Agreement means this Direct Debit Request Service Agreement between us and you.
- b. Debit arrangements means the debit arrangements that apply between us and you as set out in this agreement and the maximum/minimum weekly donation amount(s) as selected with the Website or App.
- c. Debit day means a day that your account is due to be debited by us
- d. Debit payment means a particular debit from your account.
- e. Direct Debit Request means the written, verbal or online request made to us by you to debit funds from your bank account.
- f. We, us or our means My Charity Change.
By applying for an My Charity Change Account, you agree to the terms of this agreement and authorise and request us to debit from your account or nominated bank card any amount payable to us by you, including any payable.
If the debit day is not a Business Day, we can debit your account or nominated bank card on the next Business Day. If you are uncertain about when a debit payment has been or will be processed, you should contact your financial institution.
We may vary or cancel the debit arrangements at any time if we have given you at least 7 days’ notice of the variation or cancellation.
You can, in writing (including via email), ask for the debit arrangements to be altered. If you request a variation in the debit arrangements, you will be required to provide verification information again.
You can cancel your authority for us to debit your account or nominated bank card; or change, stop or defer an individual debit or bank card payment at any time by giving us at least 7 days-notice in writing or via email. You can also cancel the debit arrangements by contacting your financial institution, which must act promptly on your instructions.
If you cancel the debit arrangements with your financial institution, you must make other arrangements with an alternative financial instruction to continue account use.
You must have a direct debit arrangement via bank card or bank account in place to operate your My Charity Change Account.
If you believe that we have debited your account incorrectly, contact us via email (firstname.lastname@example.org) as soon as possible to confirm your query in writing. We will investigate your query and notify you in writing of the action we have taken within 7 days.
If we find that the debit was made incorrectly, we will adjust your account accordingly (including in relation to interest and charges). To the extent permitted by law, we will not be liable for any other losses suffered by you. If we find that the debit was made correctly, we will provide you with reasons and any evidence for this finding.
You can also ask your financial institution to query a debit on your behalf.
Direct debiting is not available on all accounts and you should check with your financial institution whether direct debiting is available on your account.
It is your responsibility to ensure that the account details provided to us in the direct debit request are correct. You should check those account details against a recent statement from your financial institution.
If you are uncertain about the debit arrangements, you should check with your financial institution before completing the direct debit request.
It is your responsibility to ensure that your account has sufficient clear funds available on a debit day to permit a debit payment to be made in accordance with the direct debit request.
If your financial institution does not permit us to process a debit payment on a debit day (whether because there are insufficient clear funds or for any other reason), the following terms apply;
- We will notify you in writing and we may charge you reasonable costs incurred by us on your account of there being insufficient funds.
- Your financial institution may also require you to pay fees, charges and interest.
Notice Of Change Or Cancellation (Remove or delete account from Website or App)
If you are required or wish to give us written notice in relation to the debit arrangements, use the email us at email@example.com. We will send notices to you by email to the address that you have provided to us. Any notice will be deemed to have been received on the second banking day after sending.
Any cancellation, pause, hold or removal of account(s) request must be made in writing to My Charity Change administration via email firstname.lastname@example.org. We will notify you in writing of the action we have taken within 7 days.
Your security is our highest priority. My Charity Change works to protect your information, prevent unauthorised account access, and notify you of unusual activity.
My Charity Change Pty Ltd (ABN 58 637 688 898) and My Charity Change and its subsidiaries are regulated and overseen by the ASIC.
Your money is insured against fraudulent and criminal activity through Stripe (https://stripe.com).
If you have a complaint and cannot contact us, you can always contact the Australian Financial Complaints Authority (AFCA). This process and contact details are outlined in the product disclosure statement and they will follow up on your behalf.
Application security and customer peace of mind is our priority. My Charity Change works to protect all customer information, prevent unauthorised account activity and ensure payments are transacted safely. We have incorporated the following within the Website or App;
- Multi-factor authentication (MFA).
- SSL/TLS secure tunnel data transfer between bank(s).
- 256-bit AES full data encryption.
- Restricted private software network.
- Real-time fraud monitoring.
Secure servers, security supported by McAfee, privacy verified by physical security.
Multi-factor authentication, automatic logouts, and ID verification help prevent unauthorised access.
By using the Website or App, you agree to provide true, accurate, current and complete information about yourself, and your accounts and you agree to not misrepresent your identity or your account information held with third party account providers.
By using, and continuing to use, the Website and the App, you authorize My Charity Change and its service providers (transactional institutions, charitable partners, third party websites) designated by you, on your behalf, to retrieve information requested by you in order to facilitate the provision of services by My Charity Change. For that sole purpose only, you hereby appoint My Charity Change and each Service Provider as your agent, with full power of substitution and re-substitution, to access third party websites, servers or documents, retrieve information, and use your information, all as described in this clause, with the full authority to do and perform anything necessary to be done in connection with such activities, as fully to all intents and purposes as you may or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MY CHARITY CHANGE OR A SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY WEBSITES, MY CHARITY CHANGE AND ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT. You agree that third party account providers are entitled to rely on the foregoing authorization and agency granted by you solely for the purpose set out in this clause.
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