1.
General
1.1
Unityaid Pty Ltd ACN 163 603 398 (‘Unityaid’, ‘we’, ‘us’, or ‘our’) operates and maintains this website and provides the service described in clause 2 (‘the Service’).
1.2
These terms and conditions (‘Terms’) apply to your access and use of this website and the Service. By accessing and using this website or the Service, you agree to these Terms.
1.3
We may change these Terms at any time by publishing the changed Terms on this website. Changes will not operate retrospectively.
1.4
The law of Australia governs these Terms. We do not warrant that this website or its content complies with the laws of any country other than Australia. If you access this website from outside Australia, you do so at your own risk.
2.
Description of service
Unityaid is an online platform for use by businesses or individuals that wish to run a campaign to raise funds for a particular purpose or project, or to contribute or claim a reward to someone else’s Unityaid campaign. Users may offer permitted products or services as a reward to contributors. Unityaid does not manage campaigns and offers and therefore is unable to make any guarantees in relation to the lawfulness, value, quality or ethics of any campaign on the website. You agree to use the service at your own risk. Unityaid is unable to guarantee that site users will provide any reward, product or service specified in their campaign.
3.
Accounts, usernames and passwords
3.1
You must register an account to launch a campaign or leave comments to a campaign. Only one account is permitted per person. You must be 18 years or over to operate a Unityaid account. Persons aged 13 to 17 are only permitted to use the site with the supervision and consent of a legal guardian or parent. The legal guardian or parent must be 18 years or older and must agree to these Unityaid terms and conditions. The nominated parent/guardian agrees to be responsible for the use of the service.
3.2
You warrant that the information you provide when you register is correct and not misleading in any way. You promise to keep your information up to date.
3.3
You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.
4.
Prohibited use
In using this website or the Service, you must not:
(a)
contravene any applicable law or regulation;
(b)
interfere with or disrupt this website or the Service in any way, including through the use of viruses, Trojans or harmful code.
(c)
mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity;
(d)
stalk, harass, abuse, threaten, intimidate, defame or vilify any person;
(e)
share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;
(f)
otherwise violate or infringe the legal rights of any person; or
(g)
encourage, assist or procure another person to do any of the foregoing.
5.
Prohibited rewards
Campaigners are not permitted to offer or provide any of the following as a Reward:
(a)
shares or interest in a company, enterprise or venture;
(b)
any forbidden or illegal drug or substance, or associated paraphernalia or equipment;
(c)
any weapon, whether prohibited or not, or any accessory related to weaponry;
(d)
any item (a) that is unlawful to supply or possess, (b) that could otherwise result in you violating a law by distributing it, or (c) that via its distribution would infringe upon another individual’s rights.
6.
Disputes between campaigners and contributors
Unityaid does not resolve or mediate disputes between Contributors and Campaigners. Where there is a dispute Unityaid may assist to facilitate mediation between the parties by providing contact information so that the parties may resolve the dispute directly.
7.
Campaigners
It is a requirement under these Terms of Use that Campaigners shall honor any commitment made as part of a Campaign. This includes (but is not limited to) providing rewards described in the Campaign. You are also required to supply truthful answers to any questions asked by Unityaid, and to do so promptly. In the event that you are not able to meet a commitment or reward offered in your Campaign, you agree to communicate with Contributors in order to identify a suitable and mutually agreed outcome. This might include offering a different reward or returning the Contributor/s funds. You must ensure that you are in compliance with applicable legislation that may relate to seeking funds for your venture, distribution of rewards you offer, or to the use of Contributions received. You also agree to comply with the taxation laws applicable to you, and to your use of our service. It remains your responsibility to collect, report and remit any tax due as a result of your activities on the Unityaid website.

Unityaid reserves the right to verify the identity of those using our service and to verify other information that has been provided.

8.
Contributors
Contributors accept sole responsibility for their decision to contribute to a Campaign. We recommend all Contributors exercise appropriate risk management and request details, ask questions and undertake any other enquiries necessary before contributing to a Campaign. Unityaid does not warrant that funds you contribute to a Campaign will be used as stated by the Campaigner, nor do we guarantee that rewards will be provided or that Campaigns will reach their target. Unityaid makes no representations as to the truthfulness or correctness of any content on the site. We make no representations or guarantees in relation to the lawfulness, ethics, standard or safety of Campaigns or Contributions, or of any rewards offered. Contributors accept sole responsibility for all issues, including but not limited to taxation issues, that arise from the receipt of rewards.
9.
Fees and payments
Becoming a member on Unityaid is free. Campaign owners are charged a percentage of the funds raised. Campaigners who elect to use Unityaid agree to the following fees:
(a)
for Partner Campaigns we retain a 2.5% fee if you reach your goal or a 5% fee if you don't;
(b)
for Non Partner Campaigns we retain a 5% fee if you reach your goal or a 10% fee if you don't.

Changes to fees are effective after we provide you with notice by posting the changes on the Site. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all fees and taxes associated with your use of the Service. Contributions are collected via debit and credit cards. Payments are processed via Stripe. Stripe’s fees may vary. These are determined by Stripe and the fees applicable will depend on your location and the currency used. For more information, please refer to Stripe’s pricing. Unityaid makes no guarantees relating to the operation of Stripe or of any bank or card processing service utilized in the payment process.

10.
Taxes
Please be aware that the taxation authority in your country may deem funds raised on Unityaid as taxable income, whether the beneficiary is you, your business or another individual. It is up to Campaigners and Contributors using the Unityaid site to verify their own taxation status.
11.
Non profits
Non-profit and charitable organizations are required to be licensed or registered. Unityaid may request evidence of such registration prior to accepting your Campaign.
12.
Copyright
12.1
Unless otherwise indicated, copyright in this website and its contents belongs to us. This does not apply to content of your own that you place in our offering and for similar content of other users. In this respect, however, you must respect the rights of the other parties entitled to that content.
12.2
You may:
(a)
publish a link to this website and or embed a widget;
(b)
make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and
(c)
print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
12.3
Unless permitted by law, you must not, without our prior written consent:
(a)
otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
(b)
cause any part of this website or its contents to be framed or included in another website.
13.
Trade marks
13.1
Unityaid and the Unityaid logo are trademarks of Unityaid. Other trademarks on this website are the property of our respective licensors.
13.2
You must not use any trademark on this website without the prior written consent of the relevant owner.
14.
Links
This website may link to websites at other addresses. Unless stated otherwise:
(a)
we do not control, approve, endorse or sponsor any such websites or their content; and
(b)
we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
15.
Disclaimer
15.1
Your access and use of this website and the Service is at your own risk. While the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.
15.2
We do not promise that this website or the Service:
(a)
is free from errors;
(b)
will operate without interruption; or
(c)
is free from anything which may damage your computer or data.

You should always ensure you have up-to-date antivirus and firewall security in place when using the Internet.

15.3
We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.
15.4
We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service.
16.
Limitation of liability
16.1
The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.
16.2
Subject to clause 17.1 and to the fullest extent permitted by law:
(a)
the Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
(b)
where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to:
(i)
the resupply of the Service; or
(ii)
the payment of the cost of resupply of the Service; and
(c)
we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this website, its contents, the Service or your use of them.
17.
Account cancellation, breach and indemnity
17.1
Because of the nature of the Service, we must reserve the right to decide who may use it.
17.2
We may cancel your account at any time at our absolute discretion, without giving reasons. We may also cancel your account if you:
(a)
breach these Terms; or
(b)
are the subject of a complaint that we deem serious;
17.3
If we cancel your account, you may not use the Service again, whether by creating a new account or using an alternative account.
17.4
You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.
18.
Privacy
18.1
Personal information is handled in accordance with our Privacy Policy.
18.2
In addition, we may log details about any computer used to access this website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed and information downloaded. This information is used for our own statistical purposes and to improve this website.
19.
Relationship
Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.
20.
Contact
Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.
21.
Questions and complaints
If you have any questions or complaints relating to these Terms, please contact: The Legal Officer, Unityaid Pty Ltd, PO Box 1455, Noosa Heads, Queensland, Australia, 4567.