PURPLE CARD PROJECT PTY LTD – WEBSITE TERMS OF USE

Introduction: 

Thank you for visiting our website. This website (Site) is owned and operated by Purple Card Project Pty Ltd (ABN 77 649 664 764) (‘we’, ‘our’ or ‘us’). The Site is available at: www.purplecardproject.org and may be available through other addresses or channels. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.purplecardproject.org/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. 

Variations: 

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Collection notice: 

We may collect personal information about you in order to respond to your enquiry, to enable you to access and use our website and services, and for purposes otherwise set out in our Privacy Policy at www.purplecardproject.org/privacy-policy. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services and products to you. We may also disclose your personal information to recipients that are located outside of Australia, including to third parties such as payment systems operators, suppliers, customer relationship management services, or cloud providers (for example PayPal, Stripe, Google, Hubspot, Mailerlite) located in the United States, Europe, or other locations. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us using the details below. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. 

Licence to use our Site: 

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct: 

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights (refer to our Privacy Policy for more information);
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. using our Site to send unsolicited email messages; or
  6. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: 

You are prohibited from using our Site, including the Content, in any way that competes with our business. 

Information: 

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and it is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Projects: 

‘Doers’ are Site users that can list environmental projects (Projects and Project Listings). Doers are able to raise funds for their Project from other users (Givers). Doers may list a Project as an individual, or on behalf of an organisation. Each Doer will set a fundraising goal (in Australian Dollars) and may choose to select a deadline for the Project (a date). Givers may make a financial contribution (Contribution) to the Project via PeachPay, PayPal, or Stripe.

As a Doer, you acknowledge and agree that:

  1. your Project must address at least one of the environmental targets of the United Nations Sustainable Development Goals (available from https://sdgs.un.org/goals);
  2. your Project, Project Listing and all related activities are your sole responsibility, and you are acting on your own behalf, and not on behalf of either the Givers or Purple Card Project Pty Ltd;
  3. you are undertaking the Project at your own risk, and you are solely responsible for any damage or loss to any party resulting from your Project, Project Listing, or any related activities;
  4. it is your sole responsibility to undergo appropriate risk assessment and environmental risk analyses to ensure that potential risks of your Project and any related activities are identified and managed by you accordingly;
  5. it is your sole responsibility to consider the ongoing environmental impact of your Project, and where necessary, implement strategies to ensure the long term sustainability of your Project;
  6. it is your sole responsibility to ensure that the Project, Project Listing and all related activities comply with all applicable laws, regulations and policies. 
  7. it is your sole responsibility to gain any required approvals or licences to undertake your Project and any related activities, as well as any insurances and/or other protections to protect yourself, any volunteers, or any third party when undertaking your Project or any related activities;
  8. it is your sole responsibility to fulfil obligations both implied and stated in any Project Listing you create.
  9. you must provide appropriate evidence of identity to us in the form of an Australian drivers licence or equivalent (such as a Proof of Age Card or Photo Card) as part of the application process;
  10. Purple Card Project Pty Ltd reserves the right to suspend or remove a Project Listing at any time for any reason. We are not responsible for any Liability you may suffer arising from or in connection with any such suspension or removal. If a Project Listing is removed, then Purple Card Project Pty Ltd will, at its discretion, either distribute funds to a Project run by a different Doer or use funds for a Project internally designed by Purple Card Project Pty Ltd;
  11. if by the Project deadline, the fundraising goal for your Project is met, then Purple Card Project Pty Ltd will distribute 95% of total Contributions to the Doer, less all payment processing fees, and the remaining 5% of the total Contributions will be distributed to Purple Card Project Pty Ltd as a fee for using the Site (Platform Fee); 
  12. if we are unable to distribute funds to you due to incorrect or insufficiently supplied details, we will attempt to contact you to obtain the correct information. If you do not respond to our inquiries within 30 days, we will, at our absolute discretion, either distribute funds to a Project run by a different Doer or use funds for a Project internally designed by Purple Card Project Pty Ltd. If you contact us after the funds have been re-distributed, we are unable to distribute funds to you;
  13. once funds are released, the Doer must complete all Environmental Projects as outlined in the Project Listing. If the Doer is unable to complete the Project, the Doer must return funds to Purple Card Project Pty Ltd immediately in full. Alternatively, a Doer may use funds to complete a new Project that also meets these Terms. Details of the new Project must be submitted to, and approved by, Purple Card Project Pty Ltd in writing, prior to commencement of the new Project, and Givers must be notified of the change;
  14. if the fundraising goal for a Project is not met, then Purple Card Project Pty Ltd will, at its discretion, give the Doer the opportunity to either revise their project so that it can be completed on a tighter budget (Givers must be notified of revisions), or secure the remaining funding through other means. If either of these conditions are met and sufficient evidence is provided, then the funds will be distributed to the Doer. If these conditions cannot be met, Purple Card Project Pty Ltd will, at its discretion, either distribute funds to a Project run by a different Doer or use funds for a Project internally designed by Purple Card Project Pty Ltd. In some circumstances, and at our absolute discretion, we may allow a Doer to extend the Project Listing deadline;
  15. funds raised through the Site may be taxable income and it is your responsibility to declare funds raised and comply with local tax laws;
  16. you must provide a minimum of two updates on the progress of your Project and about how Contributions have been used to Givers and to Purple Card Project Pty Ltd, approximately 1 and 6 months after funds are released to you;
  17. with respect to any information you hold about Givers, you must comply with the terms of the Purple Card Project Pty Ltd Privacy Policy and all relevant Privacy and Spam legislation in your jurisdiction and in NSW. You may use a Givers email address for the sole purpose of updating them on your Project. You must not contact Givers for marketing or promotional purposes unless you have their prior consent to do so.

As a Giver, you acknowledge and agree that:

  1. making a Contribution to a Project does not give you any ownership, control, or distribution rights to that Project;
  2. Purple Card Project Pty Ltd is not liable for your interactions with any party found on or through the Site;
  3. Purple Card Project Pty Ltd does not oversee the performance of, or time taken to complete Projects;
  4. Purple Card Project Pty Ltd makes no warranties about the content or integrity of any Project nor does Purple Card Project Pty Ltd bear any responsibility or liability should the Project not be completed. Purple Card Project Pty Ltd is not responsible for any damage or loss incurred by you or any third party as a result of your Contributions to a Project. All dealings are solely between you and the Doer;
  5. if the fundraising goal for a Project is not met, then a revised Project may be undertaken that can be completed on a tighter budget. Alternatively, funds may be distributed to a Project run by a different Doer, or to a Project internally designed by Purple Card Project Pty Ltd;
  6. if a Doer cannot complete a Project, they may in some instances be given the opportunity to run a new Project that also meets these Terms, and any funds raised for the initial Project will be used for the new Project. Alternatively, funds may be distributed to a Project run by a different Doer, or to a Project internally designed by Purple Card Project Pty Ltd;
  7. in the instance where a Project Listing is suspended or removed by Purple Card Project, any funds raised for the Project will either be distributed to a Project run by a different Doer, or used for a Project internally designed by Purple Card Project Pty Ltd;
  8. Purple Card Project Pty Ltd is under no obligation to become involved in disputes between Givers and Doers, or between site users, or between site users and any third party; and
  9. by contributing to a Project, you consent to receiving email communications from us and the Doer with updates related to the Project you have contributed to.

Commercial use: 

Doers that have had their Project accepted and published on the Site are permitted to share, communicate, or circulate Content for the purpose of promoting their Project Listing and raising funds for their Project. You must otherwise not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining our prior written permission to do so.

Intellectual Property rights: 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Gift cards available for purchase from us, and images used to promote these gift cards, may depict artworks that have been contributed by an artist. These artworks have been contributed under conditions outlined in a written agreement between us and each artist. Original artists remain the copyright owners of any artwork/s they contribute. You must not use these artworks for any purpose other than to gift or receive a purchased card, unless you have prior written consent from the artist. Your use of our Site and your use of and access to any Content, does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You may share, communicate, or circulate Content for personal, non-commercial use only for the sole purpose of promoting a Project Listing or the Site. Doers are additionally permitted to share, communicate, or circulate Content for the purpose of promoting their Project Listing and raising funds for their own Project. Unless you have our prior written consent, you must otherwise not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  3. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

User Content:

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree to allow other Users to share, communicate, or circulate User Content for their personal, non-commercial use only for the sole purpose of promoting a Project Listing or the Site. You agree that you are solely responsible for all User Content that you make available on or through our Site.  You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites: 

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

Discontinuance: 

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses; or
  3. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

Limitation of liability: 

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date and/or your Project, Project Listing and all related activities.

Indemnity: 

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination: 

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes: 

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. In the event of a dispute between you and any individual or organisation found on or through the Site, we are not responsible for any Liabilities suffered by you or any third party.

Severance: 

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction: 

Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Purchases: 

Purple Card Project Pty Ltd may refund the purchase of a gift card if a request is made within 30 days of purchase, unless the gift card has already been used in-part or in-full. If you are wanting to return and get a refund for a physical gift card, we will contact you with a return address for you to send your card prior to the refund being processed. Contributions made to a Project are non-refundable. Refer to the section above titled ‘Projects’ for details of how Contributions are used when a Project can not be completed as described in the Project Listing. 

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition. 

Fees and payments: 

Payment processing fees are set by payment providers PayPal and Stripe, and are paid for by the Doer. 5% of the total contribution amount is distributed to Purple Card Project Pty Ltd as a fee for using the Site (Platform Fee). The Site makes no guarantees regarding the performance or fairness of PeachPay, PayPal, or Stripe. Purple Card Project Pty Ltd is not responsible for PeachPay’s, PayPal’s or Stripe’s policies. You are responsible for paying all fees and applicable taxes associated with your use of the Site. We make no representations regarding the deductibility of any contribution for tax purposes.

For any questions and notices, please contact us at:

Purple Card Project Pty Ltd (ABN 77 649 664 764)

Email: hello@purplecardproject.org

Phone: (02) 5617 8610

Last update: 01/08/2022

Effective: 01/08/2022