Introduction
Charity User Agreement
Effective Date: TBC
PayPal Giving Fund Australia is a Public Ancillary Fund (ABN 65 106 950 945) (“PayPal Giving Fund,” “we,” “us,” or “our”) registered with the Australian Charities and Not-for profits Commission and endorsed by the Australian Taxation Office as a tax concession charity and deductible gift recipient. We accept charitable donations and make grants to Eligible Charities.
This Charity User Agreement ("Agreement") is an agreement between PayPal Giving Fund, and AU-based charity that completes the enrollment process outlined in this Agreement as an Enrolled Charity (“you”), governing your relationship with PayPal Giving Fund and your use of the Services.
By agreeing to the PayPal User Agreement (note the section under PayPal Giving Fund Australia) you agree to be bound by, and comply with, all of the terms and conditions in this Agreement, and also the following additional policies (“Policies”) and each of the other agreements on the Our Policies page that apply to you:
- Privacy Policy
- Donor Terms of Service
- PayPal Giving Fund Donation Delivery Policy
- PayPal Giving Fund Charity Certification Policy
- Donation Refund Policy
Please read carefully all of the terms and conditions of this Agreement, the terms of the Policies and each of the other agreements that apply to you. If there is any inconsistency between this Agreement and any of the above Policies, the incorporated relevant Policy will prevail.
1. Our relationship with you
1.a We accept and process donations on our own behalf on our websites, subdomains, and other websites or mobile applications operated by our partners, including the website located at www.paypal.com.resource.data-analyze.v1.endpoints-api.com/au/fundraiser/hub (the "Services"). We accept donations from donors, which we then grant to the Eligible Charity recommended by the donor pursuant to our Charity Certification Policy and Donation Delivery Policy. All donations made by donors are made to PayPal Giving Fund. We also issue receipts to donors for each donation they make to allow donors to deduct their donations as permitted by applicable tax law. An Eligible Charity can enroll with PayPal Giving Fund by creating and confirming a PayPal business account for its charity.
2. Your eligibility to be enrolled with PayPal Giving Fund
2.a You may receive a grant from us if you are an Eligible Charity.
You must promptly update and notify us in case of any changes that may affect your status as an Eligible Charity in any state or territory, and whenever a local government agency initiates an inquiry into your status as an Eligible Charity. We reserve the right to deny or revoke Eligible Charity status to any charity that fails, in PayPal Giving Fund's sole discretion and determination, to meet these standards or this Agreement. You acknowledge and consent to our use of third-party service providers to review and verify your status as an Eligible Charity and any information in your charity profile.
2.b You may update your charity profile by logging in to your PayPal Giving Fund dashboard or by contacting us. You agree to update your charity profile as necessary to maintain its accuracy, or when requested by us.
3. Your obligations
3.a You hereby grant PayPal Giving Fund a non-exclusive licence to use your name, logo and mission statement to identify your organisation on the PayPal Giving Fund website, PayPal's website, and other websites and services with which we may partner. We acknowledge that you retain ownership of your trademarks, trade names and service marks and any associated goodwill.
3.b Enrolled Charities bear sole responsibility for complying with all laws, rules and regulations applicable to your activities under this Agreement and to your status as an Enrolled Charity. You understand that you may have obligations to register under state or local laws regarding charitable solicitations, and that we will not assist with any such registration. You agree that we have no liability for your failure to meet your obligations to comply with the applicable laws. You agree to bear all costs associated with your compliance with such requirements.
3.c You must maintain a PayPal account in good standing and not subject to any account limitations, and provide information as may be required to satisfy PayPal Giving Fund from time to time that you are an Enrolled Charity.
4. Receiving Donations
4.a We post information about Enrolled Charities on the PayPal Giving Fund Website, on the PayPal website, and on other websites and services with which we may partner for purposes of soliciting donations to PayPal Giving Fund. PayPal users and users of other websites and services will have access to that information through the Services as well as through the websites and services with which we partner.
4.b You acknowledge that we make no promise or guarantee that you will benefit from any donations as a result of your status as an Enrolled Charity.
4.c If you are an Enrolled Charity, distributions will be made into the PayPal Account identified in your charity profile. You agree to take any actions necessary to authorise us to make such transfers to you, and you will not hold us liable if you provide us with inaccurate or incomplete information about your PayPal or bank account. Any distribution we may make to you is subject to our Donor Terms of Service, and our Donation Delivery Policy regarding timing of delivery and expenses.
4.d Donors make their donations to PayPal Giving Fund and not to Eligible Charities. PayPal Giving Fund issues all legally-required tax receipts to Donors. We, in turn, make charitable distributions to qualifying Eligible Charities that are recommended by donors. As a result, any donations your organisation receives pursuant to this Agreement are made by PayPal Giving Fund. PayPal Giving Fund retains exclusive legal control over all donations received from donors, and PayPal Giving Fund exercises its discretion in making grants to you.
4.e Pursuant to our Privacy Policy, PayPal Giving Fund may disclose to you information about donors, including name and contact information. You may only use this information to acknowledge donations, resolve any issues with donations, and provide a reasonable amount of information about your charitable work. You become the data controller of the donor's personal information that we provide to you for this limited purpose. You must not use the donor's personal information for any other purpose without the donor's further consent, including but not limited to for marketing purposes. You agree you will obtain consent from donors to use the information we provide to you for any purpose beyond what is contained in this clause.
4.f We reserve the right not to distribute a donation to you (even if you are recommended by a donor for a particular donation), if, in our sole discretion and determination:
i. we are unable to deliver it (e.g., if the PayPal account and/or contact information in your charity profile is invalid);
ii. you are in breach of this Agreement;
iii. doing so would cause us to not comply with applicable laws;
iv. doing so would bring us into disrepute; or
v. you otherwise cease to qualify as an Eligible Charity or Enrolled Charity.
In any such case, we reserve the right to redirect any donation to another Eligible Charity, or to use or dispense with the donation in any manner consistent with our policies and charitable purposes.
4.g You agree to promptly return to us the full amount of any donation you receive from us if, when you receive it:
i. this Agreement has been terminated;
ii. you are not an Enrolled Charity or Eligible Charity; or
iii. we have notified you that a donor is due a donation refund.
We may, in our sole discretion, elect to offset a future donation rather than requesting that you return to us an amount that we have already donated to you.
4.h We provide Enrolled Charities with opportunities to benefit from our programs. Requesting not to participate in any particular program or product will generally not affect your eligibility for others or your status as an Enrolled Charity.
4.i Funds granted by PayPal Giving Fund may only be used for item 1 deductible gift recipient purposes. Such funds may not confer an impermissible private benefit on any donor, such as memberships that are not 100% tax deductible, tickets for a charity event, or to honour a legally binding pledge, and may also not be used to engage in, support or promote hate, violence, terrorist activity, related training of any kind, money laundering, or other illegal activities, whether directly or indirectly through support of, or cooperation with, other persons and organisations engaged in such activities.
5. Donation deductions and fees
5.a We do not charge you a fee for becoming an Eligible Charity or for using any of our PayPal Giving Fund services. However, standard PayPal transaction fees apply and certain partners may deduct from your contribution processing or platform fees pursuant to those partners’ policies. You acknowledge that partners may deduct such fees, which they will disclose to you at the time that you complete a donation to PayPal Giving Fund using their site(s) or services.
6. Taxes
6.a Notwithstanding your status as an Eligible Charity, you will be responsible for all sales, use, value added or other similar taxes, duties, levies, charges or assessments applicable or payable in connection with donations made to your organisation pursuant to this Agreement.
7. Warranties and disclaimers
7.a You represent and warrant that, at all times:
i. you are an Eligible Charity. You will promptly notify PayPal Giving Fund if you cease to be an Eligible Charity;
ii. you are an Enrolled Charity. You will promptly notify PayPal Giving Fund if you cease to be an Enrolled Charity, or is aware of any event which may prevent you from maintaining your status as an Enrolled Charity.
iii. you will utilise donations received from PayPal Giving Fund in a manner that is consistent with such status;
iv. you will use our Services in compliance with all applicable laws, rules and regulations, including any requirements governing charitable status and solicitation of charitable donations;
v. all information provided by you is true, current and accurate;
vi. you are authorised and have the right to provide us with all information provided by you, and the right to authorise us to use this information as contemplated herein, and the right to enter into this Agreement on behalf of your organisation;
vii. you have the right to grant the licences to PayPal Giving Fund hereunder; and our use, as contemplated by this Agreement, of materials or rights licenced hereunder, will not infringe the intellectual property rights or similar rights of any third party;
viii. you will not disparage PayPal Giving Fund, PayPal, any other Eligible Charity or any partner or sponsor of PayPal Giving Fund identified within the PayPal Giving Fund website; and
ix. you will comply with the terms and conditions of this Agreement and any terms of use or other agreements you may have with PayPal and/or any partners of PayPal Giving Fund.
7.b You agree to indemnify, hold harmless, and, at our option, defend PayPal Giving Fund and its officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including legal fees and court costs) and liabilities arising from your breach or alleged breach of any obligation, covenant, representation or warranty under this Agreement. If PayPal Giving Fund requires you to provide defence of any matter for which indemnity is or may be due hereunder, PayPal Giving Fund may participate in such defence by counsel of its choice at its own expense. You will not settle any claim for which indemnity is due hereunder unless such settlement completely and forever releases PayPal Giving Fund and the other indemnified parties with respect to such claim, or unless PayPal Giving Fund provides its prior written consent.
7.c You acknowledge that the PayPal Giving Fund website and Services are provided on an "as is" basis, and we disclaim all representations and warranties under this Agreement (whether express or implied) including any warranties regarding fitness for a particular purpose, data accuracy, efficiency or availability of the PayPal Giving Fund website or Services. You further acknowledge that we make no representations or warranties regarding any legal requirements to which your organisation may be subject, nor the applicability of any tax laws or your ability to collect or obtain tax deductions.
7.d Limitation of liability. Subject to clause 7.e below,
i. we will not be liable to you for any Consequential Loss or for loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may otherwise be implied into this Agreement, including any such loss arising out of or in connection with our website, our Services or this Agreement; and
ii. in no event will PayPal's liability for a claim arising out of this Agreement or our Services (when aggregated with PayPal's liability for all other claims arising out of this Agreement and our Service) exceed the net amount paid by us to you during the six (6) months immediately preceding the date on which the claim arises.
7.e To the extent permitted by law, our liability to you in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option:
i. in the case of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things.
ii. in the case of services, to resupplying the services or payment of the cost of their re-supply.
8. Term and termination
8.a This Agreement will continue until terminated by either of us as outlined in this clause 8 below.
8.b You may terminate this Agreement (and cancel your status as an Enrolled Charity) at any time and for any reason by providing 7 days’ advance written notice to us.
8.c In our sole discretion, we may suspend your access to the PayPal Giving Fund Services. We may terminate this Agreement at any time and for any reason by providing notice to you in accordance with this Agreement.
8.d After termination of this Agreement, we will exercise reasonable efforts to promptly remove your name, mission statement and logo from the PayPal Giving Fund website. Upon such removal, the licences you have granted to us in such materials will expire.
8.e You understand that we have no obligation to make any donations to you (even those where you have been recommended by a donor), or otherwise to provide any services or perform other obligations under this Agreement, after the termination of this Agreement for any reason.
8.f Any obligations you have incurred before termination will survive as obligations even after termination.
9. Miscellaneous terms and conditions
9.a This Agreement, together with any other documents incorporated herein by reference (including, without limitation, the Privacy Policy, Donation Delivery Policy, and Charity Certification Policy), constitutes the entire Agreement between us and supersedes all previous negotiation, understandings and agreements between us in relation to its subject matter.
9.b You acknowledge that nothing in this Agreement creates a partnership, joint venture or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.
9.c We may give notice pursuant to this Agreement by any means of contact in your Charity Profile and notice will be effective when sent. If you fail to provide valid and current contact information as required, you waive your right to receive notices under this Agreement during the period of such failure. Notices may also be given by posting information within the PayPal Giving Fund website and, except as required by the following Section 9.d, will be deemed effective when posted. Notices from you to us must be given by email or other means provided within the PayPal Giving Fund website and will be deemed given when received by us.
9.d We may amend this Agreement at any time by posting amended terms on the PayPal Giving Fund website. We will send a message to the email address in your Charity Profile alerting you. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you 30 days after having been posted on the PayPal Giving Fund Website. Your continuation as an Enrolled Charity, and/or your continued access to or use of the PayPal Giving Fund website after such 30-day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement as set forth in Section 8 of this Agreement. Apart from such posting by us, this Agreement may not otherwise be amended except in a written document (i) that expressly references this Agreement and/or any affected amended terms as posted by us and (ii) that is executed by both you and us.
9.e Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
9.f You may not assign this Agreement without our prior written consent; any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement to any third party without your consent. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and us.
9.g Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
9.h Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the jurisdiction of the courts located within New South Wales.
9.i We may consider use of other alternative forms of dispute resolution, such as binding arbitration or non-binding mediation to be held in New South Wales, Australia or another location mutually agreed upon by the parties.
For the purpose of this Agreement, the following definitions apply:
Consequential Loss
Any loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.
Consumer Guarantee
A right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) or other rights in relation to the supply of goods or services (such as terms implied into a contract by the Australian Securities and Investments Commission Act 2001 (Cth) or any equivalent State or Territory legislation) that cannot lawfully be excluded.
Eligible Charities
Enrolled Charities
means Eligible Charities that have an active PayPal account in good standing.