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).
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
- 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.
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.
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.
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 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:
- 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).
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.
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.
Invalid or unenforceable provisions
The provisions in this agreement relating to Limitation of Liability and Indemnity will survive the termination of this Agreement.
JackFundJill and the Protected Parties may assign their rights and duties under this Agreement to any party at any time without notice to you.
- 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.
Please contact us by clicking here.
Effective Date: 18 May 2021