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Terms of Use

Last revised April 15, 2023

These terms and conditions of use (“Terms”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by GoGive, Inc. (“Company,” “we,” “us” or “our” ), including the gogive.com.au website (collectively, the “Site”). Your compliance with these Terms is a condition to your use of the Site. If you do not agree to be bound by these Terms, promptly exit the Site.

Message to Donors

GoGive Pty Ltd, trading as GoGive with ABN 53 647 215 567, provides a round-up donation plugin to charities and non-profit organizations to integrate into their website for fundraising purposes. GoGive has no control over the businesses or individuals that may use our platform, the content of any fundraising campaign, and for verifying the stated purpose of any fundraising campaign. You should conduct your own research into a fundraising campaign before deciding to make a donation. If you make a donation to a GoGive Customer, you enter into a direct relationship with the GoGive Customer, and are subject to any terms and conditions that the GoGive Customer agrees with you.

1. The Site and Services

The Site offers an online platform that allows qualified charities, individuals, and entities ("Fundraisers") to raise funds by soliciting donations to support their organization and mission. The Services provided include facilitating such transactions between Site visitors (“Users”/“Supporters") and registered Fundraisers. The Services include the provision of a round-up donation plugin (“Plugin”) allowing Fundraisers to automatically collect the round-ups of their Supporters. A “round-up” refers to the difference between a transaction amount and it’s value rounded up to the next whole number. The Plugin relies on the service of Basiq Pty Ltd (“Basiq”/“Bank Link Provider”). The Bank Link Provider allows the User to secure share financial data with the Company such as their transactions.The Site includes the online platform for the Users to manage their services.

These Terms govern the use of the Services, including transactions made through the Site.

As part of your use of the Site, you may be required to provide certain information. You acknowledge and agree that the accuracy and content of this information are solely your responsibility. We will use any information you provide in accordance with our Privacy Policy, which can be found at https://GoGive.com/privacy. We encourage you to review our Privacy Policy.

2. Access to the Site; Eligibility; License.

The Company provides access to the Site and its Services to Users, subject to their agreement to comply with these Terms and our Privacy Policy. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you are not permitted to use the Site.

To be eligible to use the Site, Users must be at least 18 years of age (or the age of majority in their jurisdiction). The Site is not intended for use by children under the age of 13, and we do not knowingly collect information from minors. By accessing the Site and using the Services, you confirm that you are over the age of majority in your jurisdiction.

The Site, including all Materials such as text, images, and HTML used to generate pages, is the property of the Company or its suppliers or licensors and is protected by patent, trademark, and/or copyright laws under Australia and/or foreign laws. Unless otherwise specified, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site, in whole or in part, for any public or commercial purpose without our express written permission. You are granted a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained therein.

Each User of the Site grants the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content they post on the Site throughout the world in any media.

3. The Role of Company.

The Company offers a platform for the Services and maintains the Site to facilitate the connection between Fundraisers, Supporters, and other Users. The Company explicitly limits its role to providing access to the Site and Services and is not an agent, consultant, professional fundraiser, broker, financial institution, charity, or fiduciary for any User. The Company is not responsible for the sale of any items by Fundraisers or the accuracy of information provided by Fundraisers, Supporters, or other Users. The Company does not control the content posted by any User.

The Company is not a payment processor, money services business, or financial institution. Payment to Fundraisers is processed through a third-party Payment Processor. The Company acknowledges that the use of Payment Processors is essential to the Services and shares information with them to facilitate the Services.

The Company does not engage in any solicitation activities for any individual, entity, organization, or charity. The Company does not provide financial, legal, tax, or other professional advice and does not intend to do so. Users are advised to consult their own financial, legal, tax, or other professional advisor before making any payments to Fundraisers through the Services. Users acknowledge that all information and content accessed through the Services is at their own risk.

The Company disclaims all liability to the fullest extent permitted by law for the conduct of any Fundraiser, Supporter, or other User, and does not endorse any User. The Company does not guarantee or warrant, expressly or impliedly, the accuracy of any information provided through the Services or how funds raised by any Fundraiser will be used.

The Company may, but is not obligated to, provide intermediary services to assist Fundraisers and Supporters in resolving disputes with the agreement of all parties. If the Company provides such services, its decision is final and binding and cannot be appealed, challenged, or reversed.

4. Fee arrangement

The Services fee is a fixed monthly fee per round-up donation plan. At the end of each month, Fundraisers will be invoiced for the total amount due and is liable to pay the service fee. GoGive reserves the right to vary the fee charged per plan at any time and will provide the charity with 14 days' written notice of any changes.

In the event that the charity fails to pay the service fee in full by the due date, GoGive reserves the right to suspend or terminate the provision of our Services until payment is received in full.

The charity is responsible for any taxes or duties that may be applicable to the payment of the service fee.

5. Electronic payment facility, invoices and payment

To use our Plugin, you are required to set up and use a Stripe electronic payment facility, unless otherwise agreed upon. Our Services allow you to set this up. The electronic payment facility must be linked to a registered organisation's bank account and cannot be linked to a personal bank account. It is important to note that individuals soliciting donations on behalf of an organisation cannot use their personal bank account to receive donations.

Your use of Stripe or any other third-party electronic payment facility will be subject to additional terms and conditions from the electronic payment facility.

We will charge the payment method linked to your GoGive account for the Service Fee at the end of each month. A tax invoice for the Service Fees that are payable will be provided to you.

6. Communication Features.

The Company may offer Fundraisers the ability to send communications through the Site using Company-facilitated email or text message features, subject to applicable laws, including the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth). These features are offered free of charge, but may have limitations on the number of communications that may be sent during any specific period.

Fundraisers using such features acknowledge and agree that they, and not the Company, are solely responsible for complying with all applicable laws, obtaining necessary consents and authorisations before sending communications, and ensuring that their communications do not contravene any laws, regulations or guidelines.

The Company does not participate in the communications sent by Fundraisers, does not determine when a communication is sent, to whom it is sent, or the content of the communication. The Company only provides a channel through which the

communication may be transmitted and is not liable for any actions or omissions by Fundraisers relating to their use of the communication features.

7. Fundraiser Responsibility.

Fundraisers affirm and warrant that:

All information provided in connection with their use of the Services is accurate, complete, and not misleading, in accordance with Australian Consumer Law.

All information posted regarding items listed on events, campaigns, or auctions offered for sale by the Fundraiser on the Site is accurate. The Fundraiser owns or is authorized to sell the item; the item is genuine and available or subject to limited availability (in which case the Fundraiser will disclose such limited availability on the Site); and the Fundraiser, and not the Company, is solely responsible for the delivery or transfer of such items to Supporters. Fundraisers are responsible for any lost disputes a Supporter files due to any issue related to items listed by the Fundraiser.

They will promptly correct any errors or omissions in posted information in accordance with Australian Consumer Law.

All payments received through the use of the Services will be used only as described in the content posted on the Site or otherwise provided to each Supporter.

Supporter information received will be used in accordance with the Fundraiser’s publicly posted privacy policy and Australian Privacy Law.

They will not infringe upon the rights of others, in accordance with Australian Law.

They will abide by the Community Guidelines set forth below.

They will comply with all applicable laws and financial reporting obligations and will provide us and any Supporter with all information to establish such compliance.

The Company may use any information provided by the Fundraiser and share it with any Supporter, any regulator, law enforcement, or others in connection with any investigation of the Fundraiser.

If the Fundraiser provides information claiming any tax-exempt status, the cause or activity of the Fundraiser is legal under all applicable laws and regulations, and the Fundraiser's organization is a tax-exempt organization in good standing with the Australian Taxation Office.

Fundraisers are required to provide accurate and complete information to register on the Site and use the Services and to keep such information current and accurate, in accordance with Australian Consumer Law. The Company can rely on the accuracy of the information Fundraisers provide, and we have the right, but not the obligation, to verify or validate such information.

Fundraisers are responsible for determining what taxes apply to payments received by Fundraisers, including Goods and Services Tax (GST), and it is the Fundraiser's sole

responsibility to assess, collect, report and remit the correct tax, if any, to the Australian Taxation Office, in accordance with Australian Tax Law.

8. Supporter Responsibility.

All payments made through the Services are at the Supporter’s own risk. It is the Supporter’s responsibility to investigate the Fundraiser and to understand how your payment will be used. Company is not responsible for any offers, promises, or promotions made by any Fundraiser. We are not responsible for the accuracy of the information that Fundraisers supply and do not guarantee that payments Supporters make will be used in accordance with promises made by Fundraisers or applicable law.

If a Supporter believes that a Fundraiser is not raising or using funds for their stated purpose, please contact us using the information below.

Company does not make any representation about the tax deductibility or treatment of payments made by Supporters. We do not make any representation about the tax status or charitable status of any Fundraiser. Fundraisers, and not Company, are solely responsible for providing Supporters with receipts acknowledging receipt of funds from the Supporter.

Information provided by Supporters through the Services is shared with the Fundraiser to whom a payment is made and may be used by such Fundraiser in accordance with its own privacy policies. Company is not responsible for any Fundraiser’s use of a Supporter’s information.

Supporters are responsible to determine what, if any, taxes or tax exemptions apply to payments made to Fundraisers.

9. Bank Link Provider

Users are also subject to the following terms relating to the use of the services provided by Basiq.

9.1. Provide accurate information

Each Supporters agrees to provide and warrant that all information provided or otherwise submitted via the Services is true, accurate and complete. Each Supporters acknowledges and agrees that it is responsible for its use of the Services and that each Supporters uses the Services at their own risk; the Services will only be used for the Supporters own lawful purpose in accordance with this terms. If there are any unauthorised access or use of the Services or any breach of security, the Supporters must immediately notify the Company of such activity.

9.2. Proprietary Rights

The User represents and warrants it is permitted to use content delivered to the User via the Services. The User may not copy, reproduce, distribute or create derivative works from this content. The User agrees not to reverse engineer any of the source code or technology associated with the Services.

9.3. Content and Data

Your use of the Services supplied by The Company is subject to interoperation of services supplied by third party websites or applications. By using the services, you appoint the Company as your limited agent authorised to: access such third party websites or applications, servers, documents and information as designated by you; use your information; and perform all acts as required for the Company and Basiq to supply Services to you.

Each User is licensing to the Company and its service providers (including but not limited to Basiq) (Service Provider) any information, data, materials or other content the User provides through or to the Services (Content), the right to use, modify, display, manipulate and create derivative works using such Content and provide the Services to the User.

9.4. Disclaimers

Each User acknowledges and agrees that:

its use of the Services and all information, products or content are provided to such User in good faith on an “as is” and “as available” basis. To the fullest extent permitted by law, the User and Service Providers expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services;

the User is responsible for determining the suitability of any Services and such User relies on any Content or other information provided via the Services at its own risk;

use of the Services, Content and other information provided by the Company and Service Providers is at their own risk and the restrictions applicable to the Company are equally applicable to the User;

The Company and Basiq makes no warranty that:(i) the Services will meet the User's requirements; (ii) the quality of the Services will meet the User’s expectations; (iii) the Services will be uninterrupted or error-free; (iv) any information, product or content obtained via the Services will be accurate or reliable; and (v) any errors in the software or technology will be corrected.

The User downloads or otherwise obtains through the use of the Services the material or data at its own discretion and risk and that the User will be solely responsible for any infections, contaminations or damage to their computer, system or network; and

The Company and Basiq are not responsible or liable for delays, inaccuracies, errors or omissions arising out of any User’s use of the Services, any third party software, services or operating system.

9.5. Limited Warranties

The User warrants that: it has the power, right, authority and entitlement to execute these Terms and perform its obligations under these Terms; it has full corporate power to execute, deliver and perform its obligations under these Terms; these Terms constitute a legal, valid and binding obligation of it enforceable in accordance its terms by appropriate legal remedy; and in entering into and performing its obligation under these Terms it has not and will not be in breach of any relevant law or any obligation owed to another person.

9.6. Indemnity

Each User agrees to be liable for and to indemnify, defend and hold Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:any violation of these Terms or of any intellectual property or other right by the User;any use or misuse of the Services, Content or data from or by the User, its employees, contractors or agents or any third party; and any breach of law, regulation or licence by a User.Each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provisions as if Basiq is a party to these Terms.

9.7. Basiq a Party

Each User acknowledges and agrees that the User enters into these Terms with the Company who, for the purposes of accepting these Terms, is acting as limited agent for Basiq; and each User agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provision as if Basiq were a party to these Terms.

10.Registration and Accounts.

In order to use the Site, Fundraisers must create an account and provide certain validation information, as well as select a user name and password for account access. It is the Fundraiser's responsibility to keep their account credentials secure. Any instructions received by us using these credentials will be deemed authorized by the Fundraiser. Fundraisers may access and manage their profile and transaction information by logging into their account. These accounts are subject to these Terms, and may be suspended or cancelled at our discretion if we believe these Terms have been violated. Supporters and other Users are not required to create an account in order to use the Site. Information provided to Fundraisers by Supporters and other Users is collected both by the Fundraiser and by us, and is used in accordance with our Privacy Policy.

11.Ownership of the Site.

All pages within the Site and any Material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Site is protected by Australian and international copyright and trademark laws. The contents of the Site, including without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download

through the Site (“Content”), may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.

12.User-Generated Content.

Users are responsible for all User Generated Content that they post to the Site. This includes any comments, ideas, suggestions, information, files, videos, images or other materials provided to us or posted on the Site. We reserve the right to remove any User Generated Content, at our sole discretion, that violates these Terms or for any other reason. By posting User Generated Content, you acknowledge that it becomes public and we are not responsible for keeping it confidential. If you do not want others to see your User Generated Content, do not post it to the Site.

Users must not provide User Generated Content that they do not have the right to submit, including material covered by someone else's copyright, patent, trade secret, or privacy, publicity, or other proprietary right. Users must not forge headers or manipulate other identifiers to disguise the origin of any User Generated Content they provide. Users must not provide any User Generated Content that contains lies, falsehoods, or misrepresentations that could damage us or anyone else. Users must not provide User Generated Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law, or is otherwise inappropriate. Users must not impersonate anyone else or lie about their affiliation with another person or entity in their User Generated Content. Users must not use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in their User Generated Content. Finally, Users must not provide User Generated Content that disparages us or our vendors, partners, representatives or affiliates.

Each User represents and warrants that they own or otherwise control all the rights to the content they post, that such content is accurate, that its use does not violate these Terms or any law or regulation, and that the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content from the Site. User Generated Content comes from a variety of sources. We do not endorse or support any views, opinions, recommendations, or advice that may be in User Generated Content, nor do we vouch for its accuracy, reliability, usefulness, or safety or the intellectual property rights of any User Generated Content. We take no responsibility and assume no liability for any User Generated Content posted by any User or any third party.

All Users must abide by the Community Guidelines set forth below.

13.Security and Restrictions.

Individuals using authorized services of the Company may only use the Site for lawful purposes. You are responsible for any information you upload, transmit, or post on the Site, and for the consequences of your actions. The Company prohibits any use of the Site for the following purposes, and requires all users to agree not to engage in such activities:

  • Providing incomplete, false, inaccurate, or someone else's information.
  • Impersonating another person.
  • Advocating or encouraging conduct that would violate any city, state, national, or international law or regulation or accepted Internet protocol, or that would give rise to civil liability or constitute a criminal offense.
  • Posting copyrighted or third-party-owned material without the owner's permission.
  • Posting trade secrets unless you own them or have permission from the owner.
  • Posting material that infringes on the intellectual property, privacy, or publicity rights of another.
  • Using the Services for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the Australian government.
  • Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or nations in violation of Australian export control laws.
  • Attempting to interfere with the Site's or our networks' security or to use the Site's service to gain unauthorized access to any other computer system.

Violations of system or network security may result in civil or criminal liability. The Company will investigate such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the User or Users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for you or logging into a server or account that you are not authorized to access.
  • Using any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
  • Forging any TCP/IP packet header or any part of the header information in any e- mail or newsgroup posting.

14.Accesing the site.

In the event access to the Site or a portion thereof requires authentication, you agree to use only your own email address to receive a one-time password to access the Site. You agree to protect the confidentiality of your email address and not to share or disclose it to any third party. You agree that you are fully responsible for all activity occurring under your email address. Your access to the Site may be revoked by Company at any time with or without cause.

15.Copyright Complaints.

We uphold the rights of intellectual property owners and do not allow users to upload or post materials that infringe on these rights. If you believe that your copyright has been violated, please send a written notification to our copyright agent, including an electronic or physical signature, a description of the copyrighted work, the location of the infringing material on the Site, your contact information, a statement of good faith belief that the use is not authorized, and a statement under penalty of perjury that the information provided is accurate and you are the copyright owner or authorized to act on the owner's behalf. Our copyright agent's contact information is provided above.

We may require additional information before removing infringing material and if there is a dispute over ownership of the rights, we reserve the right to remove or disable access to the material while the matter is being resolved. We will terminate accounts of users who are repeat infringers.

Please note that making false claims of infringement may result in liability for damages under Section 512(f) of the Copyright Act.

16.Our Right to Refuse, Terminate or Suspend Use.

The Company has the right to terminate or deny access to the Site or Services for any reason, at any time, and without prior notice. If the Company terminates your use of the Site or Services, any pending or completed purchases, as well as your indemnity obligations related to the use of the Site or Services, will still be valid. Although the Company is not obligated to do so, it may monitor any activity and content on the Site and investigate any reported violations of law, rules, or regulations applicable to Fundraisers, Supporters, or other Users. The Company may take appropriate action, including issuing warnings, suspending or terminating service, or denying access to or removing any content from the Site. The Company may also investigate and take action against the use of a credit card by a User, including canceling any transaction made by the User.

17.Accuracy and Integrity of Information; Errors.

Although Company strives to maintain the accuracy and integrity of the Site, we do not make any warranties or guarantees as to its correctness, accuracy, or accessibility. The Site may contain typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, or alterations may be made to the Site by third parties.

All information and content regarding Fundraisers are provided solely by the Fundraiser, who is expressly responsible for the accuracy of the content provided and posted to the

Site. Company accepts no responsibility or liability for information or content posted to the Site by non-Company affiliated third parties. If a product or service is listed at an incorrect price due to a typographical error or error in pricing information provided by a Fundraiser, the Fundraiser may refuse or cancel any orders placed for such product or service listed at the incorrect price.

If you notice any inaccuracies on the Site, please inform us so that we can correct them. We reserve the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice.

18.Refunds.

The Site acts as a platform for transactions and payments between Fundraisers and Supporters. Company does not facilitate transactions or act as a party to any transactions between Supporters and Fundraisers. Refunds, if any, are solely at the discretion of the Fundraiser. Company is not responsible for any payments or donations made on the Site.

19.Payments to Fundraisers.

Payment Processor is the financial service provider for payments made to Fundraisers on the Site in Australia. Payment Processor accepts payments made via credit and debit cards issued by Australian banks and direct debit payments. When using a credit card for a transaction, Payment Processor may obtain pre-approval for an amount up to the payment amount. If you opt-in for recurring payments, all charges and fees will be billed to the credit card you designate during the setup process. If you wish to change your payment information, you must update your information online. This may temporarily delay your ability to make payments to Fundraisers while Payment Processor verifies your new payment information. Payment Processor will handle payment information received for payments to Fundraisers made through the Site in accordance with its privacy policy available at https://stripe.com/privacy.

  • By making payments to Fundraisers through the Site, you represent and warrant that:

  • (i) any credit card, debit card or bank account information you supply is true, correct and complete;

  • (ii) your credit/debit card or bank account will honor any charges incurred by you;

  • (iii) you will pay the charges incurred by you, including any applicable taxes;

  • (iv) you are the authorized cardholder and are authorized to make a purchase or other transaction with the relevant card information.

  • In connection with payments made to Fundraisers through the Site, you must:

  • Review and accept the Payment Processor Agreement, which includes all updated versions;

  • Not use the Services in violation of the Payment Processor Agreement or for any activity expressly prohibited by Payment Processor;

  • Comply with the Payment Processor Agreement and all guidelines and requirements established by Payment Processor or its affiliates or banks;

  • Not take or fail to take any action that may cause Payment Processor or its affiliates or banks to violate any applicable law;

  • Not access, use, or disclose any information except to the extent necessary to access and use the services provided by Payment Processor;

  • Only make electronic payments and funds transfers to and from a prepaid account maintained with Payment Processor and represented by a virtual bank account number (if applicable) for business purposes;

  • Provide all necessary information to enable Payment Processor to determine your eligibility to receive services and make services available to you and ensure that such information is complete and accurate;

  • Authorize us to receive any notices or forms provided by Payment Processor on your behalf.

20.Links to and from Other Sites.

You may have the option to connect to third-party websites (“Linked Sites”) from this Site. However, please note that the Company does not review, control or investigate Linked Sites in any manner and cannot be held responsible for the content, availability, advertising, products, information or usage of user information or other materials of any such Linked Sites or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the applicable terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. We shall not be held liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through any Linked Sites. Please address any concerns to the relevant Linked Site's administrator or Webmaster. We reserve the right, at our sole discretion, to add, change, decline or remove any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Users without prior notice.

To include any kind of link to the Site, you must receive permission from us. To request permission, you may create and maintain a registered account in good standing or send us a written request using the contact details provided below. However, we reserve the right to refuse any request or revoke any permission granted by us to link through such other kind of link and may require termination of any such link to the Site, at our discretion at any time.

21.Indemnity.

Every user agrees to protect, indemnify, and hold harmless Company, its agents, directors, officers, employees, and affiliates from any and all claims, liabilities, damages, expenses, and costs, including reasonable attorney fees, arising from, related to or connected with (a) your access or use of the Site or Services, including any act or omission related to the Payment Processor services, (b) your violation of these Terms, the Payment Processor Agreement, or any applicable law, (c) the posting or transmission of any materials, content or User-Generated Content on the Site or through the Services by you or allowed by you, including but not limited to, any third-party claim that any information or materials you provide infringe any third-party proprietary rights, (d)

access to the Site by anyone using your user name and password; or (e) your provision of inaccurate or incomplete information to us or the Payment Processor.

22.Disclaimer of Warranties.

You are solely responsible for any risks associated with your use of the Site, its services, and linked websites. The Site, including its content, function, materials, and services, is provided on an "as is" basis, without any express or implied warranties. This includes warranties for information, data processing services, or uninterrupted access, as well as warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Company does not guarantee that the Site or its services will be timely, secure, uninterrupted, error-free, or that defects will be corrected. Company also does not guarantee that the Site will meet users' expectations or requirements. Any advice, results, information, or materials obtained through the Site do not create any warranty not expressly made herein. If you are dissatisfied with the Site, your only option is to discontinue use.

Any materials obtained through the use of the Site are done at your own discretion and risk, and you will be solely responsible for any resulting damage. Company does not endorse or guarantee any products or services offered by third parties on the Site and is not responsible for monitoring any transactions between users and third parties without direct involvement from Company.

23.Limitation of Liability Regarding Use of Site.

To the fullest extent allowed by applicable law, Company, its affiliates, and any of their respective directors, officers, employees, agents, or content or service providers will not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or directly or indirectly related to the use or misuse of the Site, including the content, materials, and functions related to it. This includes, without limitation, any loss of revenue, anticipated profits, business, data, or sales, or the cost of substitute services, even if Company or its representative or such an individual has been advised of the possibility of such damages. Please note that some jurisdictions do not allow the limitation or exclusion of liability, so some of the above limitations may not apply to you. In no event shall Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms or your use of the Site exceed, in the aggregate, $100.00.

24.Dispute Resolution; Arbitration Agreement.

In the event of a disagreement, the parties will make an effort to meet and work towards resolving the issue in good faith before pursuing any formal dispute resolution process. However, urgent equitable relief may still be sought by either party. If both parties are situated in Australia, they consent to abide by the laws of Victoria and agree to submit to the jurisdiction of its courts should a dispute arise. For parties located outside of

Australia, any disagreement will be settled through arbitration in compliance with the ACICA Arbitration Rules. Melbourne, Australia, will serve as the seat of arbitration, with English being the language used in the proceedings, and one arbitrator will be appointed.

25.Modification of Terms.

In its sole discretion, Company may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms shall constitute your agreement to the revised Terms.

26.General.

The Company has the right to terminate your access to the Site, either in full or in part, with or without notice and with or without cause, at its discretion. If any of these Terms are found to be unenforceable by a court or tribunal of competent jurisdiction, those provisions will be removed or limited to the minimum extent necessary, while the remaining Terms will remain in effect. These Terms represent the entire agreement between you and the Company regarding the subject matter and may be subject to additional terms and conditions that apply to specific parts of the Site. Certain provisions may be replaced by legal notices or terms found on particular pages within the Site. You acknowledge that these Terms do not create a joint venture, partnership, employment, or agency relationship between you and the Company. Any claims or legal actions against the Company, the Site, or the Services must be brought within one year from when the claim or cause of action occurred. The Company's failure to enforce any right or provision of these Terms shall not waive the right or provision. You cannot assign these Terms or any rights or obligations under these Terms without the express written consent of the Company. These Terms benefit the Company's successors, assigns, and licensees. The section titles within these Terms are for convenience only and do not have any legal or contractual effect.

27.Contacting Us.

To contact us with any questions or concerns in connection with these Terms, the Services or the Site, or to provide any notice under these Terms to us please send an email to : admin@gogive.com.au

28.Community Guidelines

By using the Services, you are responsible for complying with all applicable laws. Additionally, you are accountable for any User-Generated Content that you upload, post, publish, display, transmit or use on the Services. If you are not the recipient of a campaign you organize, you must pay the funds directly to the ultimate beneficiary as soon as possible. You also agree to cooperate fully with any requests made by the Company for evidence that verifies your compliance with these Terms.

The Company prohibits illegal and prohibited User-Generated Content and/or use of the Services, which includes but is not limited to illegal activities, fraudulent information, illegal drugs, violent content, financial schemes, gambling, hate speech, discrimination, legal defense for serious crimes, international sanctions, exploitation, pornography, offensive content, pre-sales, payment manipulation, credit repair or debt settlement services, misuse of funds, personal attacks, no-value-added services, money laundering, piracy, intellectual property violations, unauthorized sale or resale, trade violations, and credit card fraud. In the event of a violation of these Terms, the Company reserves the right to remove campaigns and investigate Users. The Company may also ban or disable the use of the Services, remove User-Generated Content, suspend or terminate an account, freeze or hold donations, and report Users to law enforcement authorities or take legal action, including seeking restitution for itself and/or its Users. The Company may consider all available material, including social media and related news, in its investigation of a campaign, User, or User-Generated Content.