Terms and Conditions
In these terms and conditions:
“we” “us” and “our” refer to PleezPay Pty Ltd ABN 94 141 689 054 and, where the context requires it, our employees, agents, contractors, officers and directors;
“Charity” or “Charities” refers to the charity to which you are donating using our website or fundraising for by using our website;
“Event” refers to an event or activity for which a person is required to register and to make payment for that registration via our website; and
“website” refers to our website at the address www.pleezpay.com.
How these terms & conditions apply to you
Your access to and use of our website and all applications we run on or through our website is provided subject to these following terms and conditions. By making a payment whether for a registration or a donation to a charity, you are using our website and you are agreeing to be bound by the following terms and conditions.
We reserve the right to amend these terms and conditions at any time and by using the website, following any amendments, you are agreeing to be bound by them.
Relationship between us and the Event or the Charity
We are not the organisers of the Event and we are not part of or in the employ of a Charity and any information set out in a website about the Event for which you are making a payment or a Charity to whom you are donating is not supplied by us to you. We cannot warrant the accuracy or currency of this information and you may need to make your own enquiries with the organisers of the Event or a Charity if you need more information.
We recommend that each time you access our website you read these terms and conditions.
- You confirm the information you supply to us is true and accurate and you must notify us if any information is incorrect.
- You agree to pay the amount you nominate to pay as entered on our website.
- The services of this website are provided to adults over the age of 18 years. By proceeding to use our services through our website, you acknowledge that you are over 18 years of age.
- We may use contractors from time to time to provide part of our services.
- We reserve the right to refuse your access to our website in our absolute discretion.
- If an act, circumstance or omission over which we could not have reasonably have exercised control causing delay continues for more than 7 days, we may terminate your order for our services by giving at least 7 days’ notice to you.
- These terms and conditions are to be governed by the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of New South Wales and the Federal Court of Australia.
- If a clause in these terms and conditions is found to be void, illegal or unenforceable, it may be limited, narrowed, construed or altered as necessary to render it valid (but only to the extent necessary to achieve such validity), or severed without affecting the other clauses.
- You agree to indemnify and hold us harmless from all claims, losses, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or your dealings with us, including but not limited to information you provide us with to the extent that it was not caused as a direct result of our act, omission or negligence.
TERMS AND CONDITIONS OF SALE AND TRANSACTIONS
- We will record the information you supply to us on our website.
- All prices are provided or quoted in Australian dollars and, where applicable, are inclusive of GST (however see clause 18 below re donations which are not subject to GST).
- If you supply information to us as the representative of another party you warrant that in doing so you have their authority to do so, and if that authority is denied you will be personally liable to pay the amount
- When you register for an Event or make a payment to a Charity we require you to provide your name, address, email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept we are not liable for its misuse due to error in transmission or virus or malware.
- We undertake to confirm your payment for registration with an Event or donation to a Charity via our website immediately or shortly after you have given us all the information we require. If the website does not provide confirmation then the information is deemed to be rejected. We are not required to give reasons for rejection; however the most likely reason for rejection will be that you may have failed to enter information that we require or you do not have sufficient funds to make a payment.
- If anything has been listed at the incorrect price or with incorrect descriptive information or image due to a typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately arrange to refund your credit card for the total amount debited.
Donations to Charities
- The amount of any payment you make to a Charity is collectively referred to as “donation” or donations”.
- All donations are paid in or converted to Australian Dollars and are not subject to GST.
- We will only accept donations in Australian Dollars, New Zealand Dollars, British Pounds and US Dollars. If you make a donation in one of these authorised currencies other than Australian Dollars, then your donation will be subject to the additional charges printed on our website.
- Any information referred to on our website or in these terms and conditions about the Charities has been supplied to us by the Charities and we cannot warrant its accuracy or currency. We make no representation as to the use of your donation by the Charities or the intended beneficiaries from your donations identified by the Charities and you should contact the Charities if you have a question or concern about any aspect of their operations or the use of your donation or the intended beneficiaries from the donations identified by the Charities.
- In these clauses 21 through 24 inclusive “DGR” means deductible gift recipient as that term is defined in the Income Tax Assessment Act, 1997 (Cth).
- The Charity to whom you are donating has advised us they are endorsed by the Australian Taxation Office as a DGR.
- We have been authorised by the Charity to issue receipts to you on their behalf for your donation in the form and with the information as appears on the receipts issued to you from our website.
- We do not warrant you are entitled to a tax deduction for a donation and you must satisfy yourself and obtain your own independent taxation, legal or accounting advice as to the tax deductibility of a donation made by you to the Charity using our website.
Processing of payments
- Payments to our website may only be made using a credit card or a PayPal account.
- We use Braintree, a division of PayPal to process payments made by credit card.
- We will not collect or store credit card data.
- All card data handling is undertaken by Braintree, a division of PayPal. Card details are posted directly from your web browser to Braintree, a division of PayPal.
- Braintree, a division of PayPal. Card will process a payment made by credit card and then distribute the payment to us.
- We are obliged and will distribute any payment which is a donation to the Charity less any fees and costs authorised by the Charity.
- We are obliged and will distribute any payment which is made in order to register you for the Event less any fees and costs authorised by the organisers of the Event.
- If payment is made through a PayPal account, PayPal Australia Pty Ltd will pass the payment to us and we will distribute those payments which are donations and those which are to register to climb in accordance with clauses 30 and 31.
- We cannot process a refund of a donation or your registration. You will need to contact the Charity to obtain a refund of a donation and you will need to contact the organisers of the Event to obtain a refund of your registration.
- Our services do not come with any express warranties or guarantees whatsoever, however we undertake to rectify any fault which arises through no fault on your part. If you believe there is a fault with your registration, a payment or a donation you must notify us through our designated “contact us” webpage as soon as you become aware of the fault and no later than 7 days of your becoming aware.
- If we are unable to rectify the fault, we undertake to reimburse you for the amount at fault including any packaging and postage or delivery charges.
Statutory guarantees to consumers
- Schedule 2 of the Australian Consumer Law (“ACL“) defines a consumer. If you are a consumer within the meaning of Schedule 2 of the ACL our goods and/or services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced and services remedied if the failure does not amount to a major failure.
Limitation of liability & disclosure of your information
- Subject to the above statutory guarantees:
(a) to the full extent permitted by law, our liability for breach of an implied warranty or condition or for our duty of care to you is limited to the cost of the goods, the supply of the services again or payment of the costs of having those services supplied again;
(b) we accept no liability for any injury, death, costs, damages or loss whatsoever and howsoever occurring including consequential losses such as loss of profit or loss of opportunity suffered by you arising from goods or services we have supplied, your participation in an Event, your making a donation to a Charity and your payment being processed by the third parties noted in clauses 25 through 32; and
(c) you acknowledge that the organisers of the Event, the Charities and the third parties noted in clauses 25 through 32 will have access to the information you provide to our website, and be able to contact you from time to time via email or sms, in order for you to register for the Event, make a payment, make a donation, obtain a receipt or have a payment processed and we recommend you review any policies as to how your information will be handled that may be detailed on their respective websites.
- We try to ensure that all information on our website including but not limited to all descriptions of our goods and services (if any) is accurate and current, however we do not warrant that it is accurate and current at all times.
- We try to ensure that all amounts quoted are current, however we reserve the right to amend amount at any time.
- Any Images on our website have been provided for illustrative purposes only and we do not guarantee that the images exactly portray the Event or the Charities or the intended beneficiaries of the Charities.
- We try to ensure that our website is free of any virus, worm, trojan and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- We host third party content on our website associated with the Event such as advertisements, endorsements and information belonging to third parties. We are not responsible for that content and we make no warranty as to the accuracy or currency of that content.
- We may provide for your convenience hyperlinks to other websites from our website. We are not responsible for the content of those websites. In providing a hyperlink we are not suggesting that we endorse, support or sponsor that website, its owner or the goods or services they may provide.
- If you want to link to our website, you can do so with our consent, and at your expense. You cannot alter any of our website’s contents in doing so, and deep linking and framing is not permitted.
Our intellectual property rights
- All content on our website including software, applets, graphics, images, layouts and text is subject to copyright which either belongs to us or we have a licence to use it. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on our website are also either owned by us or we have a licence to use them. Except for the limited purposes stated below, you must not copy our content or use our trade marks without our prior written permission.
- Any idea, comment, feedback, or suggestion which you provide to us becomes our property and we are free to use it in whatever way we wish for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted it to our website or to us. You acknowledge that it is original and does not infringe the intellectual property rights of third parties.
Your website access licence
- Except as permitted under the Copyright Act 1968 (Cth), and as referred to below, you are not permitted to copy, reproduce, republish, distribute or display any of the information or images on our website without our prior written permission.
- When you visit our website, we give you a limited licence to access and use our information and images for your personal use.
- You may download a copy of the information and images on our website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way without our prior written permission infringes our intellectual property rights.
- You are not permitted to use any data mining robots or other extraction tools or to metatag or mirror our website without our prior written permission.
- You are permitted to download a copy of the information and images on our website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.