Terms of Use

Welcome to JackFundJill

Welcome to JackFundJill, an innovative web application owned and operated by Jack Fund Jill Pty Ltd (ABN 37 162 012 875) (“JackFundJill”, “we”, “us” or “our”) that is an online crowdfunding platform that allows users to post fundraising projects to receive monetary donations and if they choose to do so also offer rewards in return for donations (JackFundJill).

You acknowledge and agree that your access to and use of JackFundJill is governed in accordance with these terms and conditions (Terms of Use) which shall form a legally binding agreement between you and JackFundJill.

You should review these Terms of Use carefully before using JackFundJill. By indicating your acceptance to these Terms of Use when prompted, or by continuing to use JackFundJill, you acknowledge and agree that you have had an opportunity to read and understand these Terms of Use and our Privacy Policy and you agree to be bound by their terms and conditions. If you do not agree with all of the terms contained in these Terms of Use or our Privacy Policy, you should not access or use JackFundJill.

You acknowledge that we may amend these Terms of Use from time to time in our absolute discretion. Any changes will be published on our website and notified to you by email to the email address provided by you to us (if any). If you do not accept the changes to the Terms of Use you cannot continue to use JackFundJill. By using JackFundJill, you agree that the then current version of these Terms of Use applies to your use of JackFundJill.

Accessing JackFundJill

In order to access JackFundJill, you are required to register for a user account (Account) through the JackFundJill mobile or web application. When you register to create your JackFundJill Account, you will be required to create a User ID and password. Together, these details constitute the authentication credentials (Credentials) you will use to sign on to JackFundJill.

It is your responsibility to protect your Credentials. Do not share your Credentials with others. You must notify us immediately if you become aware of any unauthorised use of your Credentials or of your Account.

JackFundJill is designed for persons over 18 years of age only. If you are under 18 years of age, you can use JackFundJill only in conjunction with and under the supervision of your eligible family members or guardians.

Your use of JackFundJill

As a condition of your use of JackFundJill, you agree that you will not use JackFundJill for any purpose that is prohibited by these Terms of Use. In particular, you agree not to:

  • share your JackFundJill account with any other person;
  • expressly or impliedly impersonate any other person or entity or use the Account or password of another member at any time;
  • be false, inaccurate or misleading;
  • be fraudulent or involve the sale of illegal, counterfeit or stolen items;
  • infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • use JackFundJill to defame, abuse, harass, stalk, threaten or otherwise offend any person;
  • be obscene or contain child pornography;
  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via JackFundJill;
  • upload, post, email, transmit or otherwise make available using JackFundJill any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
  • breach any laws or regulations which are applicable to your use of JackFundJill in your jurisdiction.

Appropriate legal action will be taken by JackFundJill in respect of any use of JackFundJill that breaches the above terms.

Your content and data

In order to obtain the full benefit of our services you will be required to input into JackFundJill certain information (collectively Your Content). By submitting any information, data, materials or other content to us through JackFundJill, or otherwise permitting its collection from you, you are granting to us a licence to store, use, modify, display, manipulate and create derivative works using Your Content for the sole purpose of providing services to you through JackFundJill.

You are solely responsible for ensuring that Your Content is accurate, complete and up to date and JackFundJill is not responsible for the consequences of any inaccuracy in Your Content whether or not that inaccuracy was caused or contributed to by JackFundJill.

You can remove any of Your Content by deleting it from JackFundJill. If you are unsure how to do this, please Contact Us. In certain circumstances, some of Your Content may not be completely removed and copies of Your Content may continue to exist on JackFundJill and/or elsewhere. We are not responsible or liable for the removal or deletion (or the failure to remove or delete) any of Your Content from JackFundJill.

Your use of the platform

The JackFundJill platform allows individuals, groups and organisations (Creators) to create and present projects to fundraise through donations, selling items, experiences and services (Rewards) to the JackFundJill community (Donators). The platform is not directly involved in the transaction between Creators and Donators and as a result has no control over the quality, safety, morality or legality of any aspect of the Rewards listed, the truth or accuracy of the listings, the ability of the Creators to sell Rewards or the ability of the Donators to pay for Rewards. JackFundJill cannot ensure that Creators or a Donators will actually complete a transaction. By using JackFundJill you agree that the platform is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on the platform and you are choosing to use the platform service at your own risk.

JackFundJill does not oversee the performance or punctuality of fundraising projects and reserves the right to cancel a project listing and refund all associated Donators’ payments at any time for any reason. JackFundJill reserves the right to remove a project listing from the public view for any reason. JackFundJill is not responsible for any damage or loss incurred as a result of any dealings on the site. JackFundJill is under no obligation to become involved in disputes between Creators and Donators, or between site members and any third party. In the event of a dispute, you release JackFundJill and it’s employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

JackFundJill cannot guarantee the performance or reliability of the Stripe online payment service. Additionally, because of occasional failures of some credit cards, JackFundJill cannot guarantee the full receipt of the total funds pledged to a Creator’s project. Creators and Donators must also agree and comply with any Stripe policies. JackFundJill cannot guarantee the full receipt of donated funds due to occasional failures when capturing funds from debit and credit cards.

Rewards

By listing Rewards you warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale on your Project Page and in the Reward description. Each Reward must accurately and completely describe the item(s) or experiences on offer. All Creators must outline their policies for their project which may include, for example, shipping, returns, payment and selling policies. Creators must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with JackFundJill’s site-wide policies. Creators are responsible for enforcing their own reasonable seller policies. JackFundJill reserves the right to request that a Creator modify their seller policy. All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Donator, unless there is an exceptional circumstance, such as: (a) the Donator fails to meet the terms of the Creator’s listing (such as payment method), or (b) the Creator cannot authenticate the Donator’s identity. The Donator is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance.

Creators are wholly responsible for meeting any obligation or Reward stated or implied in their project. JackFundJill is not responsible for the delivery of Rewards stated in projects. Donators should contact the Creator if the delivery terms are not clearly stated in the project description.

Privacy

Any personal information collected by us through JackFundJill, or otherwise collected by or on behalf of us, (including personal information forming part of Your Content) will be dealt with in accordance with our Privacy Policy. By agreeing to these Terms of Use, you also agree to our Privacy Policy, incorporated here by reference.

Exclusion of Warranties and Disclaimer

JackFundJill and any information contained in JackFundJill is provided to you “as is” and on an “as available” basis. To the maximum extent permitted by law, JackFundJill expressly excludes all representations, warranties, guarantees and endorsements, whether express or implied, in relation to JackFundJill, including, without limitation any warrant that:

  • JackFundJill will meet your requirements or expectations;
  • you will receive continuous, uninterrupted or secure access to JackFundJill or that its servers are free of computer viruses, bugs or other harmful components or that any defects with JackFundJill will be corrected within a reasonable time; or
  • any information obtained via JackFundJill will be accurate, complete, reliable, up to date and suitable for your own individual purposes,

and accordingly, you use JackFundJill at your own discretion and risk and will be solely responsible for any loss or damage of any kind that you suffer as a result of or in connection with any disruption or other difficulties you experience in using JackFundJill or arising from your reliance on any information obtained via JackFundJill.

Limitation of Liability

To the maximum extent permitted by law and except where the relevant liability arises as a result of fraud or wilful misconduct on the part of JackFundJill, JackFundJill hereby expressly excludes all liability to you for any loss or damage (including, without limitation, direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss of corruption or data) arising out of:

  • your access to, use of, or inability to access or use JackFundJill;
  • your use of, or reliance on, any information made available on JackFundJill; and
  • any errors or omission in the information made available on JackFundJill, whether or not we are aware of such errors and omissions, howsoever caused and whether arising in contract, tort, under statute or otherwise.

We acknowledge that some countries, states, or jurisdictions do not allow the exclusion or limitation of liability for loss or damage caused by gross negligence, personal injury or death, or of incidental or consequential damages, so the above limitations and exclusions may not apply to you, in which case JackFundJill’s liability shall be limited to the fullest extent such exclusion or limitation is allowable under the applicable law.

Indemnity

You agree to indemnify JackFundJill, our employees, commercial partners, licensors, contractors, officers, agents, related bodies corporate, and suppliers (Protected Parties) from all reasonable costs and expenses, losses and liabilities, claims, fines, penalties, demands, proceedings (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

  • any use or misuse of JackFundJill by you or by any other person accessing JackFundJill using your user account or password;
  • any breach of these Terms of Use or any intellectual property or other right by you or any other person accessing JackFundJill using your user account or password; and
  • any breach of an applicable law, regulation or licence arising from your use of JackFundJill or from the use of JackFundJill by any other person accessing JackFundJill using your user account or password.

Changes to the platform

We may, from time to time, change or add to JackFundJill without notice. In the event we make changes to JackFundJill, your access to JackFundJill and any information contained on it may be limited or unavailable on a temporary or permanent basis. We will not be liable to you or any third party for any loss such suspension, termination, change or discontinuance may cause. We do not undertake to keep JackFundJill up to date and we will not be liable to you or anyone else if errors occur in the information in JackFundJill or if that information is not up to date. We reserve the right to cease operating JackFundJill at any time and for any reason.

Account suspension or cancellation

We may suspend or cancel your account and/or your access to JackFundJill, with or without notice to you if:

  • you do not comply with these Terms of Use;
  • we are investigating a suspected breach by you of these Terms of Use;
  • we form the view, acting reasonably, that it is necessary to do so in order to protect the security and integrity of JackFundJill or the interests of other members, JackFundJill, the Protected Parties or any third party; and
  • if you are eligible for JackFundJill based on your membership of an organisation that is one of our commercial partners, and you stop being a member of, or having any relationship to, that organisation or if you no longer qualify for JackFundJill under that organisation’s rules.

Copyright and intellectual property

Unless otherwise indicated, we own, or licence from third parties, any and all right, title and interest (including as the case may be any copyright, designs, patents, trademarks and other intellectual property rights) in JackFundJill and in all of the material (including but not limited to information, text, graphics, logos, button icons, video images, audio clips, application, code, scripts, design elements and interactive features) made available on JackFundJill (Content).

Your use of JackFundJill, and use of and access to any Content, is for your personal, non-commercial use only. Use of the site does not grant or transfer any right, title or interest to you in relation to JackFundJill or the Content. We grant you a licence to access JackFundJill and view the Content only in accordance with these Terms of Use, and, where applicable, as expressly authorised by us and/or our third party licensors.

You may not, without the prior written permission of JackFundJill and the written permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, communicate, post, distribute, show or play in public, adapt, change in any way or reverse engineer the Content, JackFundJill or any third party content displayed on JackFundJill for any purpose, unless otherwise expressly provided by these Terms of Use.

Linked websites

JackFundJill may contain links to websites operated by third parties (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Website. Unless specifically stated, the inclusion of a Linked Website should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Website, or for any information, product or service referred to on the Linked Website.

Your use of any Linked Website is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Website and not by these Terms of Use.

We are not responsible for the privacy practices of any third party social media or other service providers that you can access through this site.

Governing law

These Terms of Use are governed by the laws in force in Tasmania, Australia and you submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

Entire agreement

These Terms of Use embody the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other agreements and understandings concerning the subject matter of these Terms of Use and any warranty, representation, guarantee or other term and condition of any nature not contained in these Terms of Use is of no force and effect.

Severability

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Invalid or unenforceable provisions

The provisions in these Terms of Use relating to Limitation of Liability and Indemnity are for the benefit of JackFundJill and their Protected Parties. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Waiver

JackFundJill’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Any cause of action or claim you may have with respect to your use of JackFundJill must be commenced within one (1) year after the claim or cause of action arises.

Survival

The provisions in this agreement relating to Limitation of Liability and Indemnity will survive the termination of this Agreement.

Assignment

JackFundJill and the Protected Parties may assign their rights and duties under this Agreement to any party at any time without notice to you.

Notice

JackFundJill may deliver notice to you under these Terms of Use by;

  • a general notice through JackFundJill; or
  • email, to your address on record in your JackFundJill Account; or
  • post, to your address on record in your JackFundJill Account.

Contact us

Please contact us by clicking here.

Effective Date: 18 May 2021