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Terms and Conditions

Our Terms and Conditions describe what Generous Party (“the Website”) does and how we help you support your nominated / chosen charity listed on this website.

These Terms and Conditions can change at any time so please check back regularly. It is your responsibility to familiarise yourself with these Terms and Conditions. 
If you do not wish to be bound by these Terms and Conditions, you should not continue to use or access this website.

Key points:

We run and maintain a website that allows people or parents of a child with a birthday or celebration (“Party hosts”) to plan and mange the invites to their party. The Party Host requests Guests to make an online gift contribution in lieu of purchasing a gift. Guests contributions are pooled and after deducting a 10%  administration fee, Generous Party sends the party proceeds to the donating parent (that is Party Host) to contribute a portion of their choice to a charity or charities of their choice.

Your privacy is paramount to us. Please check our Privacy policy.

Respect this website and those who use it. This means no offensive messages, no racist messages,  no spamming, no pyramid scheme emails.  Any user caught engaged in this behaviour will have their account deleted and will be banned from future use of the website.

If you want the full, extended version of Terms and Conditions please read below:

Use of Generous Party by Users under 18
It is a condition of use of the site that any person registering on this Website  be over 18 years of age.

Any person using this Website under 18 years of age must be using the Website under the direct supervision of an adult and must have obtained permission before using the Website and its services.

Protecting your password
When you register with Generous Party and choose a password to protect your secure account, you are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorised use of your password, we recommend that you change your password immediately.

User conduct
You must at all times use the Website and its services in a responsible and legal manner. In particular, but not exclusively:

-You must not upload offensive, obscene or racist content, including photographs, on to the Website. Generous Party does not actively edit the Website but reserves the right to remove or edit any content posted on the Website at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any third party, offensive, obscene or racist. If you notice any such content, please email us.

-You must not to use any part of the Website which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access.

- You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other web site.

  -You must not to attempt to bypass the network firewall.

  -You must not to use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.

-You may not remove or change anything on the Website.

-You may not misrepresent your identity or affiliation with any other person or organisation;

-You may not use the Website to send junk email or 'spam' to people who do not wish to receive email from you;

-You may not use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;

-You may not interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to Generous Party systems

Privacy
Generous Party's Privacy Policy forms part of these Terms and Conditions. By agreeing to these Terms and Conditions you also give your consent to the way we may handle your personal information under that Policy. You can read our Privacy policy here.

Donations
It is Party Hosts responsibility to forward the donation to the charity or charities of their choice. Party Hosts will also decide how much donation will be and are responsible for using their discretion in deciding if the charity is the charity they would like to support.

Use of your donation
When you choose a charity to benefit from your celebration you acknowledge that Generous Party makes no representations or warranties in relation to the specific use of funds raised.

Generous Party fees
Generous Party charges a small administration on pooled online gift contributions made on the website. The fee is currently 15% of  gross online contributions received from your guests.

The Administration fee of 15%  maybe subject to review after and Generous Party reserves the right to amend the administration fee amount / percentage  if it is deemed necessary by Generous Party to allow site to continue and grow. Terms and Conditions on this site will be updated accordingly if this occurs.

Unauthorised card use
You agree not to use an invalid or unauthorised payment card. Once a gift contribution is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.

Donation information
Generous Party is not an accounting, taxation or financial advisor, and you should not rely on information given on the Website to determine the accounting, tax or financial consequences of making a donation to charity. We strongly recommend that you consult your own adviser(s) about any accounting, taxation or financial consequences that may affect you.

Generous Party reserves the right to cancel your membership and delete any account without notice in the event of a breach of the above rules.

You understand that when you choose a Nominated Charity to benefit from your celebration it is your responsibility to forward the donation to the nominated charity and it is your responsibility to ensure the charity is registered as a charity for taxation purposes. Check the Australian Taxation Office for more information.

Party Hosts Share of Online Gift Contributions

You understand that when your party is complete you need to login to the Generous Party and 'close your party' by following the prompts. This ensures contributions can be totalled and allocated accordingly. An automatic email notification will be sent to remind you to close your party though it is your responsibility to close your party. Online gift contributions cannot be distributed until a party is closed.

When a party is closed an email will then be sent to you requesting your bank account details so that payment of online gift contributions owning can be lodged into your nominated bank account via electronic funds transfer (EFT).

It is your responsibility to ensure your bank account details  (account name, BSB, account type, bank name, bank branch address, account number) are correct. No responisibility can be taken for lost funds due to the provision of incorrect banking information by you.

Links
The Website contains links to the websites of member charities and other organisations, whether charities or otherwise. Inclusion of a link to another website does not imply endorsement of its content or opinions. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.

Partner Services
Generous Party may from time to time select partners offering relevant information and services that we believe will enhance our provision for visitors to the Website. Whilst we will do our best to select partners of the highest integrity, we are not responsible for any aspect of the information or services offered by them, and if you choose to use their services you do so at your own risk.

Generous Party does not represent any of its merchants, advertisers or sponsors. Once you start shopping with a third party merchant, you are dealing directly with that merchant and no longer with Generous Party. Before you make any transaction or provide any personal information to any third party, it is your responisibility to review that organisation’s terms and conditions, privacy policy and any other terms that you are bound by when using the their services.

Trademarks and logos
The names Generous Party, the Generous Party logo and any other product and service names that we may present on the Website from time to time may not be used in connection with any product or service that is not Generous Party, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Generous Party.

Trademarks, service marks or logos that appear on the Website, in particular (but not exclusively) those of Generous Party Selected / Nominated Charities, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trademark owner.

Copyright
All content on the Website is owned by Generous Party or Selected  / Nominated Charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trade mark or other proprietary notice. No other use of the Website's content is permitted without the express prior permission of Generous Party.

Changes to the service
Generous Party will make every effort to ensure that the Website and other services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms and Conditions.

Failure to comply with these Terms and Conditions
In the event that you commit a breach of these Terms of Service Generous Party reserves the right at its sole discretion to immediately and without notice suspend or permanently deny your access to all or part of the Website and services.

Termination
You may discontinue use of the Website and services at any time. These Terms and Conditions will continue to apply to past use by you.

Disclaimer and Limitation of Liability
Generous Party does not, and nothing in these Terms and Conditions shall act to, exclude or limit Generous Party's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Website is on an "as is" and "as available" basis and that your use of the Website is at your sole risk. Generous Party does not guarantee continuous uninterrupted or secure access to our services and operation of the Website may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms and Conditions Generous Party does not provide conditions, warranties or other terms in relation to the Website, to the extent permissible by law. From time to time Generous Party shall undertake general maintenance and upkeep of the Website. During these periods, the Website may not be available for use.

Subject to exceptions listed above, in no event shall Generous Party be liable (whether for breach of contract, negligence or for any other reason) for any loss or damage which you may claim to have suffered by reason of your accessing and use of the Website, including (but not limited to) loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

Generous Party may change the format and content of the Website from time to time. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website, including the latest version of these Terms of Service.

Governing law
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Victoria, Australia.