These Terms set out the agreement between us and you, including our obligations to you and your obligations to us when using our Services. By using our Services, you agree to comply with and be subject to these Terms as amended by us from time to time in accordance with clause 2.5.
Message to Supporters of Raisely Customers (including donors)
These Terms are agreed between Raisely and Raisely Customers. These Terms do not govern the relationship between Raisely Customers and their Supporters and do not create a relationship between Raisely and Supporters. Supporters may enter into a direct contractual relationship with Raisely Customers if Supporters make a donation to or otherwise support a Campaign. If Supporters have questions or concerns, please directly contact the relevant Raisely Customer.
Our complete Terms are contained below, but some important points for you to know before you become a customer are set out below:
Nothing in these terms limit your rights under the Australian Consumer Law.
We provide the Platform, an online platform and tools that assist you to:
We do not hold any funds that are transferred through the Platform, as all funds are handled by our payments processor.
We offer our Services to persons and organisations that satisfy our eligibility criteria, as amended by us from time to time.
Eligibility Criteria:
To use our Services, you must be:
To be eligible, you must also comply with the Raisely Code of Conduct.
We grant you a limited, revocable, non-transferable and non-exclusive licence to use the Services through your user account.
This licence does not permit you, and you agree not to, store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Services or otherwise distribute in any way the Services other than as specifically permitted under these Terms or under non-excludable rights at law.
You may not sell, assign, sublicence, grant a security interest in or otherwise attempt to transfer any right in the Services, create derivative works based on, or in any manner commercially exploit the Services, in whole or in part, other than as expressly permitted under these Terms. You may not introduce malicious programs into our software or systems. Any use of the Services for any purpose other than as specifically permitted under these Terms or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted under these Terms.
The applicable “Services Fees” are described in this clause.
To receive donations and to make payment of fees to us, Raisely Customers may choose between a donor tip fee structure (Donor Tip Structure) or a fixed-percentage fee structure (Platform Fee Structure) on the Raisely Website or the Platform ‘Admin Panel’.
If you receive donations using the Services through recurring donations imported onto the Platform, social media-integrated Campaigns or offline donations via postal mail or telephone, alternative Services Fees may apply for these types of donations as displayed on the Raisely Website (or as otherwise agreed by the parties).
If you select the Platform Fee Structure, you agree that our Services Fees will be calculated as a fixed percentage of each payment you receive using the Platform or through a Campaign and will be paid by you to us by us deducting the Services Fee from the relevant donation. The percentage used to calculate the Services Fee is displayed on the Raisely Website or the Platform ‘Admin Panel’ or as otherwise agreed between the parties. The percentage is calculated on the full donation amount (including any tip), without taking into account any amounts charged by Stripe or PayPal.
2.3 DONOR TIP STRUCTURE
If you select the Donor Tip Structure, Supporters will be invited to leave an optional tip.
Using our Donation Form, Supporters will be invited to give:
The suggested Donor Tip amounts that are presented to a Supporter are determined by Raisely at its discretion.
Where a Supporter makes a Donor Tip, that Donor Tip will be treated as the Services Fee for the purpose of processing, routing, and invoicing under clause 2.6. If a Supporter chooses not to provide a Donor Tip, no Services Fee is payable by you to us in respect of that Core Donation.
Where a Supporter chooses to make a recurring donation, the Donor Tip they select when setting up that recurring donation will apply to all future recurring donations.
If you choose to purchase one of our subscription products or add-ons (Subscription), an additional “Subscription Fee” will be charged to you as displayed on the Raisely Website or Platform. The Subscription Fee is payable by you in advance on an annual or monthly basis or another recurring interval disclosed to you by us prior to your payment of the Subscription Fee (Billing Cycle).
At the end of the first Billing Cycle, your subscription will automatically renew for recurring periods of time (each of which will be considered a Billing Cycle) unless and until you cancel your Subscription. You will be charged the Subscription Fees for subsequent Billing Cycles as outlined on the Raisely Website or Platform.
From time to time, Raisely may vary these Terms, the Services Fee or Subscription Fee.
(a) Changes to the Terms: We may update these Terms from time to time. We will provide at least 30 days’ notice of any changes by notifying you through the Platform, posting an updated version on our Terms page (including an updated “Last Updated” date), or sending you an email.
(b) Changes to Services Fees or Subscription Fees payable by Raisely Customers: If we vary any Services Fee under the Platform Fee Structure, or any Subscription Fee, we will provide at least 30 days’ notice by notifying you through the Platform or sending you an email.
If you do not agree with any variation, you have the option to terminate in accordance with clause 10.2.
Unless agreed otherwise, you must set up and use a Stripe or PayPal electronic payment facility to receive donations through your Campaigns. The Services enable you to set this up. The Stripe or PayPal electronic payment facility (or other payment facility, as agreed) must be linked to a bank account of a registered organisation; it must not be linked to a personal bank account. For the avoidance of doubt, where you are an individual soliciting donations on behalf of an organisation, you may not use your own bank account to receive donations. Your use of Stripe, PayPal, or another third-party electronic payment facility will be subject to additional terms and conditions from the electronic payment facility.
Stripe
Where you use Stripe to receive donations on your Campaigns, you agree to configure the payment facility so that Services Fees are automatically transferred to our Stripe account (details of which are as set out on the Platform) in satisfaction of your liability to pay us the Services Fee, unless otherwise agreed in writing. We will provide you with a tax invoice for the Service Fees that are payable.
PayPal
Where you use PayPal to receive donations on your Campaigns, you agree to configure your PayPal account to allow for the immediate deduction of the Services Fees as you receive donations. We will provide you with a tax invoice for the Services Fee that are payable at the end of each month.
2.7 COMMUNICATIONS WITH DONORS
You must not do or say anything that may discourage a person from making a Donor Tip.
Supporters may choose to make recurring donations through the Platform or through a Campaign. The frequency and amount of these recurring donations will be as specified by the Supporter at the time of setting up the recurring donation. Supporters may modify or cancel their recurring donations at any time.
As between the Parties, we own all intellectual property rights in Our Materials, and nothing in these Terms constitutes a transfer or assignment of any intellectual property rights in Our Materials.
We grant you a non-exclusive, revocable, non-sublicensable and non-transferable right and licence, for the duration of the Terms, to use Our Materials that we provide to you, solely for the purposes for which they were developed and for your use and enjoyment of the Services.
You may use the Services to create Campaigns, and you and your Supporters may upload Customer Data to your Campaigns. As between us and you, you own all intellectual property rights in the Customer Data, and nothing in these Terms constitutes a transfer or assignment of any Customer Data from you to us. You grant us a limited licence to store and backup the Customer Data for the sole purpose of providing the Services, including purposes contained in clause 5.
You must ensure that you have all rights, consents and licences to use any Customer Data (including to provide this to us as contemplated by these Terms) and that the Customer Data is compliant with all laws. We assume no responsibility or liability for the Customer Data.
If your Supporters have any questions or requests in relation to Customer Data submitted to your Campaigns, they will need to contact you as we will not provide your Customer Data to third parties unless permitted by these Terms or applicable laws.
We will provide each Administrator with a secure, password-protected user account on the Platform. You must ensure Administrator’s passwords that are used to access the Platform are safeguarded. You are responsible for all Administrators, users and activities on your account (authorised or otherwise). You must ensure Administrator passwords are not disclosed to any third party, and must notify us immediately if you become aware of a security breach or an unauthorised use of your account.
In creating an account, you must provide us with information that is accurate, complete, and current. You are responsible for ensuring the information you have provided, including your email address, is kept valid and up-to-date.
4.2 RAISELY BRANDING
Unless specified otherwise in writing, you must display the Raisely Branding, as requested by us, at the footer of each page of your Campaign. The Raisely Branding must be visible, and you must not display the Raisely Branding in the same or similar colour as the background colour you select.
You are solely responsible for and waive and release us from liability in relation or connection to the acts and omissions of your Supporters and any third party that interacts in any way with your Campaigns independently of us. We recommend that you have a set of terms and conditions in place to govern the relationship between you and your Supporters.
You must not use the Platform, Site, Services or Our Materials to promote and solicit donations for a purpose that falls outside of the Raisely Code of Conduct. This includes organisations, businesses, individuals and entities that are involved in practices that are widely recognised as harmful or condemned, such as indentured servitude, warfare, war crimes, child exploitation, human trafficking, sex trafficking and slavery.
You may use the Services or Our Materials to transact the sale of products or tickets, provided you have obtained any applicable licence and comply with the relevant legislation in your country or state.
If you are selling goods or services to Supporters using the Platform, the Australian Consumer Law, or similar or equivalent consumer protection laws and regulations in your jurisdiction may apply. You may be legally required to offer or provide warranties on your goods or services. You warrant that you will comply with any applicable consumer protection legislation.
You agree that we are not party to nor responsible for any transaction between you and any Supporter and that we are not liable for any liability in connection with such transactions including any complaints.
You must not (and warrant that you will not) use the Platform, Site, Services or Our Materials to:
You must not attempt to or actually:
You agree that you are solely responsible for the information and content on the Sites and Campaigns you create using the Platform and Services. You agree to follow our reasonable instructions and directions and cooperate with us as we reasonably require.
You must not provide or publish information on any Site or Campaign that:
Where you continuously or frequently upload documents to the Platform of volume that is greater than average (based on the data we gather from requests by our other Raisely Customers), we may:
1. give you written notice of this usage requesting you decrease your usage; and
2. if you do not adjust your usage in line with our request to do so, we may:
a. adjust our response time to your Campaigns accordingly and vary the Services Fee to reflect your use of our resources, immediately effective on and from the date of us giving you written notice of the variation of the Services Fee under this subclause 4.8.2b; or
b. terminate these Terms in accordance with clause 10.2.
We may intermittently back up your information and content of your Campaigns. We do not warrant that any back up will be successful or made readily available to you. We do not assume responsibility for completing a back up, maintaining copies of files, documents or materials that you create or use within the Platform. You are solely responsible for backing up the information and content on the Campaigns.
We may but are not obligated to monitor content and the Campaigns created on the Platform or created by using our Services. We may use aggregated, de-identified information (including Customer Data) from Campaigns, or your use of the Services, to analyse usage patterns and user behaviours in order to optimise and enhance our Services, and develop further services.
We may share and publish our analysis for the benefit of the broader community and other users of the Platform. We may disclose to third parties any information necessary to satisfy our legal obligations, to protect us or our users, or to facilitate the operation or improvement of the Services.
We will use any personal information provided by you and your Supporters in accordance with our obligations at law and our Privacy Policy available on the Platform. You may reference disclosure of your Supporters’ information to us in your privacy policy.
Our Platform and Services may contain links to and/or rely or interface with third-party websites or service providers that are not owned or controlled by us, including third-party payment processors. These websites or service providers are governed entirely by their terms and conditions and privacy policies.
We are not responsible or liable for any damage or loss arising from or in connection with the content, conduct, or practices of these third-party websites or service providers, and any impact these may have on your use of the Services. We recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.
If required by law, you must issue receipts for donations made to your Campaigns. We may issue receipts on your behalf to Supporters if you select this feature.
You will be able to access the following information from your account on the Platform:
The Site will record all Core Donations and Donor Tips received by you, and all Subscription and Services Fees paid by you to us. We will provide you with a tax invoice for all Subscription and Services Fees payable to us, and a report recording payments received from you. The invoices and report will be accessible through your account on the Platform.
If and when applicable, GST payable will be set out on the Raisely Website. Each party agrees to pay GST at the same time as that party pays any other amount payable under these Terms.
You warrant that:
Subject to your Consumer Law Rights, the Platform, Services and any derivative content, websites or interactions that you create are provided “as is”, “as available”, “with all faults” and without any warranty of any kind, express or implied. To the fullest extent possible under applicable law, we disclaim all representations and warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, fitness for a particular purpose and non-infringement.
Subject to your Consumer Law Rights, without limiting the foregoing, we do not make any representations or warranties:
Subject to your Consumer Law Rights, you agree that your reliance upon the Services and/or the Platform is at your sole risk.
You indemnify us against any Liability (including reasonable legal costs and expenses) incurred by us arising from any claim, demand, suit, action or proceeding by any person against us or our Personnel where such Liability arose out of, in connection with, or in respect of:
Neither party will be liable for any consequential loss, special or indirect loss, real or anticipated loss of profit or donations, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, you agree that our liability under these Terms is limited to a maximum and aggregate of 6 consecutive months’ of Services Fees except where such liability is directly caused by our negligence, our breach of any intellectual property clause, privacy or confidentiality clauses under these Terms.
A party’s liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party (or any of its Personnel), including any failure by the other Party to mitigate its loss.
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
If we determine that you have breached any of these Terms, we may take such action the following actions, including (but not limited to):
We may also report you to law enforcement officials in the appropriate jurisdictions.
These Terms continue until terminated by either party. You may terminate these Terms at any time by requesting to close your account and ceasing to use the Services.
We may terminate these Terms at any time and for any reason by providing you with 30 days’ notice in writing. We do not need to provide you with reasons.
We may terminate these Terms, or suspend or cease to provide the Services, for your breach of these Terms with 7 days’ written notice to you.
If your breach is a material breach, we may terminate these Terms with immediate effect.
To the extent permitted by law, we may terminate these Terms, or suspend or cease to provide the Services, if you breach a warranty in clause 9.1, with 7 days’ written notice to you.
If you terminate in accordance with this clause (unless you are or have been in breach of this these Terms) you will be entitled to a refund on a pro-rata basis of any Subscription Fees paid in advance after the date of termination (had you not terminated) less any discount you were granted on the Subscription Fees.
Upon termination of this these Terms:
All terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, confidentiality, warranty disclaimers, indemnity and limitations of liability.
You agree that we have the right to disable any Campaign at any time, in our discretion, where we reasonably suspect that:
You warrant that you have authority to complete this registration form and consent to these terms, and (where applicable) to do so on behalf of your organisation.
Other than for notices given under clause 2.5, any notice given under these Terms must be in writing, addressed to the relevant address last notified by the parties. Any notice may be sent by email, and will be deemed to have been served at the time of transmission or, where not served during business hours, on the following business day.
A delay or failure in enforcing any right under these terms does not constitute a waiver of those rights unless waived in writing.
We reserve the right, at our sole discretion, to modify or replace these terms at any time with 30 days’ written notice to you.
By continuing to access or use our Services after those revisions have become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you agree to cease to use the Services and Platform.
If the processing of any Personal Information is governed by the General Data Protection Regulation 2016/679 (GDPR), you may request that we sign a Data Processing Agreement (DPA) in addition to the Terms. We will send you our standard DPA for acceptance on request by email. You agree that you will comply with any similar or equivalent privacy laws.
Each party agrees that it may receive confidential information from the other party. Unless such information is already within the public domain, each party agrees not to disclose such confidential information to any third party and to treat the confidential information received from the other party as if it were its own confidential information.
Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes those Consumer Law Rights.
This clause 11.7 will survive the termination or expiry of these Terms.
If a dispute arises, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This will not prevent a party from seeking urgent equitable relief. Each party agrees that these Terms are governed by the laws of Victoria, Australia. If you are located inside of Australia, in the event of a dispute you submit to the exclusive jurisdiction of the courts operating in Victoria, Australia. If you are located outside of Australia, you agree that the dispute will be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Melbourne, Australia. The language of Arbitration shall be English. The number of arbitrators shall be one. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the parties.
The Services may be accessed in Australia and overseas. We make no representation that the Services comply with the laws (including intellectual property laws) of any country outside of Australia. If you access the Services from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place you access the Services.
11.11 ASSIGNMENT
A party must not assign or deal with the whole or any of its rights or obligations under these Terms without the prior written consent of the other party (such consent is not to be unreasonably withheld).
Unless the context otherwise requires, capitalised terms have the meanings given to them below:
Administrator means a user account, invited by you to the Platform with permission to manage your Campaigns, this includes the initial account used to create the initial Raisely Customer account in the Platform.
Billing Cycle has the meaning given in clause 2.4 of the Terms.
Campaigns means your fundraising events, actions or drives.
Customer Data means images, wording and other information supplied by or included by you, or your Supporter.
Donor Tip has the meaning given in clause 2.3 of the Terms.
Donor Tip Structure has the meaning given in clause 2.1 of the Terms.
Donation Form means an element of a webpage, or other digital form, to solicit, gather information for and transact payments for your Campaign.
Liability means any damage, loss, liability, cost, charge, or expense.
Our Materials include, but are not limited to: software, information text, software documentation, design, trade marks, trade secrets, copyright materials, logos, slogans, taglines, photographs, graphics, audio, video or other materials provided by us in connection to the Services and Platform, and all derivative works.
Personal Information has the meaning given in the General Data Protection Regulation 2016/679.
Personnel means, in respect of either Raisely or the Raisely Customer, any of its employees, consultants, suppliers, subcontractors, agents or legal entities.
Platform means the online tool that enables Raisely Customers to create and manage fundraising Campaigns and websites, available primarily at admin.raisely.com.
Platform Fee Structure has the meaning given in clause 2.1 of the Terms.
Raisely (we, us, our) means Raisely Pty Ltd, trading as Raisely (ABN 49 124 507 062).
Raisely Branding means words or images to denote Raisely and the Raisely Platform.
Raisely Customer (you, your) means organisations who use Raisely to setup and operate fundraising Campaigns and websites.
Raisely Website means the informational website that describes our Services, available at raisely.com.
Services means the website building tools and fundraising campaign management tools as described on Our Website.
Services Fee has the meaning given in clause 2.1 of the Terms.
Site means a website created by you using the Platform to host Campaigns.
Subscription has the meaning given in clause 2.4.
Subscription Fee has the meaning given in clause 2.4 of the Terms.
Supporters means your donors and other users of or contributors to your Campaigns or users of the Platform on your behalf.
Terms mean the contract created between you and us under these terms of use.