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By clicking that you understand and agree to these Terms for Donors, you are agreeing to be legally bound by these Terms for Donors; if you do not agree, you cannot provide a donation or grant a wish. We may change these Terms for Donors at any time, and by continuing to use or access our website and services, you are accepting those changes. If you register as a business entity, you personally guarantee that you have the authority to agree to these Terms for Donors on behalf of the business.

TERMS FOR DONORS
These Terms for Donors apply to all donors to Please Stay Foundation ABN 38 646 366 636 ] (“we, us, our”) and our website at www.pleasestayfoundation.com.au. These Terms for Donors together with the website terms and any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”).

You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.

HOW IT WORKS
We are a registered Public Benevolent Charity that facilitates the granting of the wishes of children who are going through difficult times and/or have issues with mental health, and enabling donations to be made by persons and organisations to grant those wishes.

Our website works as a platform for Donors to donate money directly through our Donate Now page. You can do this anonymously. You can also contact us via email or phone to discuss any wishes you may like to donate, or with any questions.

Where you provide cash, we will bank the donation until such time as there are funds sufficient for us to purchase/ the Recipient to purchase their wish. We cannot guarantee that your funds will go towards a certain wish. We can provide you with a Deductable Gift Receipt upon receiving a cash donation.

Where you make a donation of Products or Services you must let us know of any terms and conditions in relation to the gifting of your Products and Services. You must comply with the Australian Consumer Law in respect of any faulty goods, exchanges, and any additional guarantees or promises you make in relation to the Products or Services.

RIGHTS IN YOUR CONTENT
You are solely responsible for Your Content in our Facebook Group. You must comply with the Facebook Group Content Rules at all times. You warrant that Your Content does not infringe or violate any third party’s rights, including any Intellectual Property Rights. If Your Content is alleged to infringe a third party’s rights, we will take appropriate action, such as removing Your Content.

By posting Your Content in our Facebook Group you grant us a licence to use it. This license is so that we can function as a Gifting Service and grow. You also permit us not to credit or attribute Your Content to you. The reason we need this licence is so that we can do things such as show photos of your Products and Services to Recipients, resize or enhance photos, edit any copy that may have mistakes in it or be outdated, feature your Products and Services on our blogs or podcasts, or similar reasons.

The following is the legal version of that licence:
You grant us a non-­‐exclusive, worldwide, perpetual, irrevocable, royalty-­‐free, transferable licence to all Copyright in Your Content, including, but not limited to, the right to broadcast on any third party platforms. This is a licence is to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content. Further, you waive all Moral Rights you have in Your Content.

YOUR OBLIGATIONS WHEN GIFTING PRODUCTS
You warrant that any Products you gift will be of a suitable quality, safety and legality. They must be suitable for children. We do not permit the gifting of alcohol, tobacco, drugs, medicines, items with hate speech, dangerous items, pornography, mature content or internationally regulated items.

YOUR OBLIGATIONS WHEN GIFTING SERVICES
You warrant that for any Services you gift, you are suitably qualified and experienced to perform, and you hold adequate insurances where relevant. You are solely responsible for correctly defining the scope of work involved in the Services and what is and is not included in the Gift, and any particular timeline or dates of availability. You must also perform all Services in a professional manner, in accordance with accepted industry practice and in compliance with all legislation and regulations eg Working with Children Police Check. You must be transparent with any costs that may be incurred in relation to the Services in addition to any Gifting.

You acknowledge and agree when performing Services for Recipients you may have access to their Confidential Information. You agree that you will keep confidential and secure all Confidential Information. You must not disclose or permit any person or third party access to any Confidential Information. This includes any social media posting. You must notify the Recipient immediately upon becoming aware of any unauthorised use, disclosure, copying, or loss of any or all of the Confidential Information.

You must come to your own agreement with the Recipient in relation to the ownership of Intellectual Property Rights in any Materials that are the result or are developed as part of or during the performance of the Services. If no written agreement has been made, you assign to the Recipient all Intellectual Property Rights in any Materials which are developed by you as a result of or during the performance of the Services. For example, where you write a book for a Recipient, or draw an illustration, the Recipient will become the owner of the rights in that book or illustration. The assignment takes effect immediately the Materials comes into existence, and you agree to sign all documents and co-­‐operate in all ways to ensure the Recipient has full ownership and title to those Materials. You agree to waive any Moral Rights you have in the Materials.

MARKETING
You permit us to use any testimonials you post for our marketing and information purposes, or publications exhibitions and professional awards. You further grant us an irrevocable, perpetual, assignable, worldwide licence to use all photos taken during the provision of any Service or use of any Products, or any other photos you provide to us for our marketing and information purposes. You must seek our prior written consent before any publication of information about us.

TERMINATION
We can stop offering our Gifting Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Gifting Services.

If you wish for any of Your Content to be removed you will need to notify us. You will need to honour any transaction that is entered into by a Recipient as a result of Your Content.

LIABILITY AND INDEMNITY
Your use of, or inability to use our Gifting Service is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use or inability to use our Gifting Service, including but not limited to an inability to apply donations according to your wishes and/or any removal of Your Content. In any event, our liability to you will not exceed the sum of $1.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, any use or participation by the Recipient of your Products and/or Services and any further interactions with any Recipient.

IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. These Terms for Donors do not create any agency, partnership, joint venture, employment or franchisee relationship between you and us. In the event of an inconsistency between these Terms for Donors and other terms and conditions on our website, these Terms for Donors prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS
Agreement means these Terms for Donors, and the Terms of Use and all other terms and conditions and policies published or linked to our website.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Confidential Information means any information in any form that is a child’s login details, any personal information as defined under the Privacy Act 1988 (Cth) and any information that the Recipient lets you know is confidential, or is marked as confidential, however it does not include information already in the public domain, or that is required to be disclosed by law.
Copyright means the copyright as defined under the Copyright Act 1968 (Cth).
Donor means any person or business or organisation donating Products and Services/ gifts or cash.

Gifting Services means the gift giving services we provide where we publish a wish of a child, and donors can grant those wishes by offering their Product and Services.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Materials means any materials produced as a result of the Services, including any copy, images, documents, logos, concepts, designs, and any other materials.
Moral Rights means all moral rights as defined under the Copyright Act 1968 (Cth).
Recipient means any child who receives the Donor’s Products and/or Services or a cash gift.
Product and Services means any product or service that is gifted to a Recipient who has published a wish via our website.
We, us, or our means Please Stay Foundation ABN 38 646 366 636 ] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website means www.pleasestayfoundation.com.au, and everything available on this website including, but not limited to, our gift giving services.
Your Content includes any images, logos, photos, graphics, designs and product and service descriptions and any other content you publish in our Facebook group.


FACEBOOK GROUP CONTENT RULES
You must conduct yourself appropriately when using our Gifting Services, including being respectful and courteous. We may monitor Your Content to ensure that it is suitable and in line with Please Stay Foundation vision and values. If you post any of the following on our Facebook page, we may, at our sole discretion remove Your Content

- any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks or harasses another user;
- any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;
- any immoral content including but not limited to, anything pornographic or obscene; or
- any false or misleading content,
- any threatening or abusive content,
- any copying, modifying or distributing of any other member's content without their consent;
- any content that offers any counterfeit items or items that infringe any rights including the Intellectual Property Rights of third parties.

You must also comply with the Australian Consumer Law in relation to Your Content at all times, including but not limited to ensuring Your Content is not misleading or deceptive.

If you consider that someone is breaching the content posting rules, please notify us at info@pleasestayfoundation.org immediately so that we can address the issue immediately. Where you breach these content rules, we may delete Your Content and remove you as a member of our group at our discretion.

 

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PLEASE STAY FOUNDATION LTD.
info@pleasestayfoundation.org
0413 390 146

 

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.

Please Stay Foundation is registered as a Public Benevolent Institution (PBI) with Deductible Gift Receipt status (DGR). All donations are tax deductible.

ABN 38 646 366 636. Innovative Patent 2020100652.

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COPYRIGHT © 2023 PLEASE STAY FOUNDATION. ALL RIGHTS RESERVED.

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