About These Terms and Conditions
In these Terms and Conditions “we” and “us” mean Spriton Group Pty Limited (the owner and operator of CharityBuy.com.au) ABN 80 161 146 363 of GPO Box 1750, Sydney, NSW 2001 Australia, and “you” means you the charity, referral partner or user of CharityBuy.com.au. The term “Charity” can refer to a charitable or not for profit (NFP) organisation. These Terms and Conditions cannot be varied unless we agree to vary it in writing or by email.
CharityBuy.com.au is a website that helps charities and Not For Profit organisations (NFPs) raise money through online shopping. CharityBuy works with a large network of partner stores that agree to pay us for sales that are referred from the CharityBuy.com.au website. Customers nominate the charity they want to support on the CharityBuy website and are referred via a click to the stores where they want to shop. A successful purchase that has been tracked as being referred by the CharityBuy website, will raise money for the customer’s nominated charity or NFP.
Supply of Products
We refer you to 3rd party online stores who supply products you can purchase. We do not sell or supply any products directly to consumers.
Delivery of Products
Deliveries are controlled and fulfilled by the stores we partner with. These stores are separate physical and legal entities from us and we are not responsible for them delivering their orders. Your transaction for the purchase of goods is with the store and not with CharityBuy.
We do not accept payments for products through the CharityBuy website. All payments for goods are made on external 3rd party websites. A link from our website does not constitute an endorsement of, or responsibility for, the content, products, prices or services that are offered by a 3rd party company.
Under the Australian Consumer Law, consumer guarantees apply. Nothing in these Terms and Conditions nullifies the application of those guarantees. If you are interested in more information about your rights as a consumer, see the Australian Consumer Law website. We do not sell any products on our site, so if you have an issue with an online store, you will need to address your grievance directly with them.
If you want to return goods or services, please contact the online store from which you bought the goods. We cannot process returns as we did not sell you any goods. If you return any product or service to receive a refund your nominated charity will not receive a contribution as the order has been cancelled. In some cases where exchanges are made the new product may not be tracked to assign a contribution to your nominated charity. In such instances we will do our best to ensure that the contribution is still made to the charity, but we cannot be held liable or responsible if a contribution is not made because we receive no referal payment from our partner store.
Warranty terms are supplied by the company you purchase from. Warranty claims are not fulfilled by us – you must approach the company from whom you purchased the product.
We have paid referral relationships with the partner stores listed on the CharityBuy website. We refer you to our partner stores via a link. These links may be found within partner logos, partner names or shop online buttons. By clicking the links you acknowledge that we have referred you to the partner store. When you purchase a product or complete an agreed transaction, we are paid a referral fee by the partner store. When we are paid the referral fee, we pass on the advertised portion to the charity you have nominated.
In the unusual situation that a CharityBuy partner does not make an agreed payment, we will make every reasonable attempt to receive payment from them. Once payment has been received by us, funds will be passed on to the nominated charities. In the case that no funds are forthcoming from the partner, we will be unable to pass on contributions to the nominated charities. We will immediately terminate our relationship with the partner store in question. In the case that a lower amount of funds are received from the partner than expected, the nominated charities will receive a reduced amount that is proportionate to what we have received. Upon receipt of the expected balance, we will pay the nominated charities the remaining amount that was advertised.
Changes to Contribution Amounts
We reserve the right to alter the contribution amount to charities from time to time. We will use our best efforts to update these changes on the CharityBuy website as soon as possible, but if the contribution amount is incorrect for a period, any purchases submitted during this time will be subject to a contribution based on the current agreement we have with our retail partner. In some cases this may be a higher contribution and in other cases it may be a lower contribution.
Referral Partner Program
Where a win-win is anticipated, we engage with some businesses and websites who choose to promote CharityBuy via banners, images, links and articles. Any participation in the referral partner program is voluntary and must be approved at our sole discretion. CharityBuy makes no warranties in regards to how much money a partner can make through the referral partner program. Payments are made to referral partners based on the revenue that we retain to fund our operations and marketing. The current rate is 15% with 30 day tracking via cookie. For example: an item is referred by a partner and is purchased for $1000 with a $45 payment to the charity and $25 retained by us. 15% of $25 ($3.75) is paid to the referral partner. The referral partner program may be ended at any time and if you are a registered referral partner you will be given notice via email or telephone. Any clicks that have been generated through a referral partner which result in a CharityBuy purchase within the nominated cookie period, will be honoured by payment, even if the referral partner program has ended. If a partner’s involvement in the program is terminated because of dishonest, fraudulent or other unethical or unapproved conduct, the partner must immediately remove all CharityBuy materials from their website(s) and other promotional resources. If a partner is terminated from the program for these reasons no further payments will be made.
Limitation of Liability
To the extent permitted by applicable laws, we do not accept any liability for:
1. loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
2. any damage or injury of any nature caused by the use or misuse of products purchased after having been referred by CharityBuy;
3. errors, mistakes or inaccuracies on the CharityBuy website;
4. you acting, or failing to act, on any information contained on or referred to on the CharityBuy website and/or any linked website;
5. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
6. any interruption or cessation of transmission to or from the CharityBuy website; and/or
7. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the CharityBuy website by any third party.
Payments to Charities and NFPs
We will only make payments to charities and NFPs once referral fees have been received from our partners into our bank account. Typically charities will receive payments 6 to 8 weeks after a referred purchase was made.
We make no promises or representations about the amount of money a charity or NFP will receive from CharityBuy. This will depend on the efforts of the charity and their supporters and on the nature and amount of products bought after having been referred from the CharityBuy website. We will not be liable or held responsible if a charity or NFP does not receive the amount of money they were hoping to or expecting to.
If a charity or NFP submits incorrect payment details (such as incorrect BSB or account number), we cannot be held responsible for payments that are made into the wrong account. If you notice that payments are not being received into the correct account, please contact us immediately and we will endeavour to have the payments reversed. If there are bank fees involved in reversing transactions, we reserve the right to subtract these fees from payments made to charities.
Copyright and Trademarks
All of the images, logos, text, content, and unique method of helping charities fundraise at CharityBuy.com.au are copyright. The CharityBuy trade mark and logo are trade marks of Spriton Group Pty Ltd. All other trade marks are the property of their respective owners, who are not associated with us. The above trademarks or logos may be used to promote CharityBuy in a manner that we alone deem appropriate. Our trademarks and logos must not be used for any other purpose without our specific, written prior permission. The information contained on our website is subject to change without notice.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
We reserve the right to change the Terms and Conditions of CharityBuy at any time.
No Spriton Group employee or agent has the authority to vary any of the Terms and Conditions of using the CharityBuy website
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.