DoodleJam Crowdfunding Platform/Website – Terms & Conditions (T&C’s)
|This crowdfunding website is operated by DoodleJam Pty Ltd, ABN 41 130 382 393 (“DoodleJam”).|
In this document, the terms “we”, “us” and “our” all refer to “DoodleJam Pty Ltd”.
In this document, the terms “you” or “your” means a user or visitor of the DoodleJam Website/Crowdfunding Platform, and includes our clients.
In this document, “Terms and Conditions” can also be written as “Terms” or “T&C’s”, and has the same meaning throughout.
In this document, the term ‘’Website” or “Crowdfunding Platform” can also be written as “Site”, and has the same meaning throughout.
Acknowledgement and Acceptance of Terms
- These Terms and Conditions apply to the use of this site and any services delivered or provided through this site with the domain names http://www.doodlejam.com, http://www.doodlejam.com.au, https://www.doodlejamcrowdfunding.com.
- Your access to, and use of, this site and any services are subject to these Terms and Conditions, and any applicable law.
- By visiting the DoodleJam crowdfunding site for any purpose, you agree to be bound by these Terms and Conditions. If you are not in agreement with these T&C’s, then you are not permitted to use this site. Without limiting our other rights and remedies (including legal), we may deny access to this site, and may refuse to provide any services to any person or organisation who breaches these Terms and Conditions.
- Any and all rights that are not expressly granted to you in these T&C’s are reserved.
- DoodleJam reserves the right to amend these Terms from time to time as circumstances dictate.
- Any amendments/updated versions of the T&C’s will become effective from the date they are published on the site, and will supersede all prior versions.
- Your continued use of the site will amount to an Agreement by You to be bound by the T&C’s, including any amendments/updates.
- You do not need to Login to view this site but functionality will be limited. Crowdfunding Campaign Managers and Project Backers will be required to register for a login.
- Campaign Managers will be provided with limited Login access to the ‘Admin Area’ of the site, to enable them to update their campaign status, upload pictures, etc. You will be required to provide certain personal information including but not limited to, your name, contact details, email address and address.
- By providing your details in the Admin Area or Contribute Now/Checkout Now page, you represent and warrant to DoodleJam that:
(a) you are 18 years of age or older, and have the power, authority and capacity to enter into a legally binding contract with DoodleJam;
(b) you are legally resident in Australia;
(c) any data/personal information provided by you is accurate, true and complete.
- DoodleJam will provide Campaign Managers with a unique username and password which will provide access to the Admin Area to update the Crowdfunding Campaign page on the DoodleJam site.
- You agree not to provide your unique username and/or password information to any other person without DoodleJam’s express written authority.
- You also agree to keep your password secure. You will be personally and fully responsible/liable for any/all loss or damage resulting from your failure to protect your password. You agree to immediately notify DoodleJam of any unauthorised use of your password or any other breach of security. DoodleJam will not be held liable for any loss or damage arising from your failure to keep your password secure.
- We reserve the right to terminate your account access at any time and for any reason, including if we reasonably believe that you have breached any of these Terms, or that any of the information that you have submitted to us is or has become untrue or inaccurate.
- Crowdfunding Campaigns are individual projects/ webpages within the DoodleJam Website/Crowdfunding Platform. These pages provide organisations and Teams with the ability to raise funds for a specific community-based fundraising purpose.
- The crowdfunding platform enables pledgers/contributors/donors to donate funds towards a particular ‘Cause’ which is being championed/supported by an organisation or Team (known as the “Campaign Creators”).
- Campaign Creators may offer certain ‘Rewards’ on their individual campaign page, in exchange for (or in recognition of) certain pledge/contribution/donation amounts. It is acknowledged that any ‘Rewards’ for Pledgers/Donors/Contributors are provided by the Campaign Creators, and DoodleJam waives responsibility for the delivery or provision of any such ‘Rewards’.
- When creating a Crowdfunding Campaign on the site, Campaign Creators must provide certain information about the Crowdfunding Campaign (Campaign Description), including but not limited to:
(a) the purpose of the Crowdfunding Campaign;
(b) the end date of the Crowdfunding Campaign (Campaign End Date);
(c) the target amount of funds the Campaign Creator intends to raise for the Crowdfunding Campaign (Fund Target); and
(d) any other information required by DoodleJam.
- Campaign Creators agree to provide DoodleJam with a non-exclusive licence to use and distribute any information provided in the Campaign Description (including but not limited to photos, videos and text) for the purposes of promoting a particular Campaign or to promote/market DoodleJam in general.
- Upon request, DoodleJam may authorise an organisation (Corporate or other Sponsor) to include certain information (including but not limited to a corporate logo or description of an organisation) on a Crowdfunding Campaign where the Sponsor fully- or majority- funds a particular Crowdfunding Campaign. Further, you acknowledge and consent to the inclusion of any information about the Corporate Sponsor (including but not limited to a corporate logo or description of an organisation) on your Crowdfunding Campaign page(s), and in promotional/marketing material on the main DoodleJam website if required.
- You acknowledge that any Campaign Pitches/Descriptions (including but not limited to photos, videos, text, etc.) are developed by the Campaign Creators, and that DoodleJam makes no representations about the campaign descriptions or accuracy.
- DoodleJam will take reasonable measures to ensure that Campaign Creators provide all information as accurately as possible on the crowdfunding platform. Should any error, omission or misrepresentation come to light, we reserve the right to edit or delete the content as appropriate.
- Campaign Creators agree that the balance* of any funds raised through a Crowdfunding Campaign will only be remitted to the ‘Cause’ once the Crowdfunding Campaign has been concluded. The DoodleJam Administration Fee and any other fees (refer to XXX for details), will be deducted prior to the disbursement of funds to the ‘Cause’. (*Balance = total funds raised minus all admin and other fees).
- The DoodleJam Administration Fee is equal to 4.8% of the Total Funds, plus credit card transaction fees.
- When you visit the DoodleJam crowdfunding platform/website, you are granted a limited licence to access and use information contained therein for personal use only.
- You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Without limiting the foregoing, you may not – without our written permission – on-sell information obtained from this Website or use it for commercial purposes.
- Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) and the DoodleJam painting image (created during a crowdfunding campaign) is owned by us or licensed to DoodleJam Pty Ltd. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and similar legislation that applies in your location, and except as expressly authorised by these Terms, or with our express written permission, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from this Website; or
(b) commercialise any information or services available or obtained from this Website.
- The licence to access and use the information on our Website does not include the right to mirror or meta tag this website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Website.
- We cannot and do not guarantee that this Website will remain free from viruses, or that this website will be uninterrupted.
- No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
- The only binding conditions and warranties on us in respect of the quality or condition of our services are those applying by operation of law and required to be binding (including the Competition and Consumer Law Act 2010). All other warranties and conditions are excluded from these Terms.
- To the extent permitted by law, the liability of DoodleJam Pty Ltd and its employees or agents for a breach of any warranty or liability which by law cannot be excluded, restricted or modified, or under any express warranty, is limited, at DoodleJams’ discretion, to:
(a) the rectification of the services provided;
(b) the supply of equivalent services; or
(c) the refund of any DoodleJam administration fee/transaction fees for any given Campaign.
- To the extent permitted by law, the liability of DoodleJam and its employees or agents for any and all claims for damages arising out of or in connection with Crowdfunding Campaigns and the use thereof shall under no circumstances exceed the sum of the DoodleJam administration and transaction fees for any given Crowdfunding Campaign.
- Other than as provided in these Terms, DoodleJam, its employees or agents shall not be liable for any loss or damage (including but not limited to any consequential loss or damage) of any kind whatever to you or any other person, even if due to the negligence of DoodleJam, its employees or agents.
- By continuing to use this website, you indemnify DoodleJam, its employees and agents from any and every liability, loss, damage, cost or expense directly or indirectly appearing to be incurred or caused by DoodleJam, or contributed to by your failure to:
(a) comply with any law regarding Crowdfunding Campaigns;
(b) take any reasonable precaution to identify and alert us to any matters which we may become liable to/for in any way (e.g. under the Competition and Consumer Law Act 2010);
(c) lawfully use the Crowdfunding Campaign and DoodleJam website; and
(d) adhere to these Terms, or prevent any negligence or breach of duty by the Crowdfunding Campaign Provider, or any breach of these Terms.
Warranties and Liabilities in relation to the use of the Website
- All information on this Website is provided “as is”, without any express or implied warranty of any kind. We make no representations about the content and suitability for any purpose of the information contained in this Website.
- To the extent permitted by law, We disclaim all warranties with regard to any information or other material on this Website, including any implied warranties as to merchantability or fitness for any purpose. We are not liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Website or the information contained in it. We do not warrant that access to the Website will be uninterrupted or error-free.
- 41. This disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
- To the greatest extent permissible by law, we expressly exclude any liability for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever (including but not limited to liability for loss of use, data or profits or interference with or damage to your computer systems), without regard to the form of any action, including but not limited to contract, negligence or other tortuous actions arising out of or in connection with the Website, including any content on or accessed through the Website.
- By using this website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of this Website.
- If a Force Majeure event causing delay continues for more than seven (7)days, we may terminate this Agreement by giving you at least seven (7) days prior notice. In this clause, “Force Majeure” means any circumstance beyond the reasonable control of the parties that results in DoodleJam being unable to observe or perform on time any obligation under these Terms, including, without limitation, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, and strikes.
- These Terms are to be governed by and construed in accordance with the laws of the State of Queensland, Australia..
- You agree to submit to the exclusive jurisdiction of the courts of the State of Queensland and of the Commonwealth of Australia.
- All monetary amounts quoted in the Website are in Australian Dollars (AUD).
- Any waiver of our rights under these Terms must be in writing. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
- If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
- Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
- DoodleJam may sub-contract or sub-contract all or any part of its performance or of its rights and obligations under these Terms to another suitably qualified person, or third party.
- 52. Any communication or purported communication made by you or any person purporting to be you (whether fraudulent or not) can be relied upon by DoodleJam as if it were given by you or with your authority, and DoodleJam will not be held liability or accountable for any indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with such fraudulent activity, whether proven or not.
- Any group or organisation wishing to raise funds for a cause or project via DoodleJam is solely responsible/accountable for ensuring that they meet all the legal requirements – in each Australian State or overseas jurisdiction – regarding fundraising, whether or not they are a charity or Not-For-Profit organisation. DoodleJam Pty Ltd accept no liability if the relevant requirements are not met.