The PlatformThe Platform is a Venue and a Service ProviderThe Platform is an online crowdfunding service and acts as a venue to allow members who comply with the Platform's policies to offer, sell and buy certain goods or experiences within a fixed-price format. The Platform allows invited individuals, groups and organisations ("Project Creators") to list projects and raise funds through selling items, experiences and offering items and services ("Rewards") to new and to members ("Project Supporters").The Platform is not directly involved in the transaction between Project Creators and Project Supporters. As a result, The Platform 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 Project Creator to sell Rewards or the ability of Project Supporter to pay for Rewards. The Platform cannot ensure that a Project Supporter or a Project Creator will actually complete a transaction. Consequently, The Platform does not transfer legal ownership of Rewards from the Project Supporter to the Project Creator.The Platform cannot guarantee the true identity, age, and nationality of a member.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. You use the Platform service at your own risk.
ProjectsAll funds are collected for Project Creators through the PayPal online payment service and/or the Platform Credit/Debit Card Merchant facility. The Platform collects and transfers these funds to the Project Creator only if the project is successfully funded before the Project Deadline.The Platform shall not be liable for the interactions with any organisations and/or individuals found on or through the Platform service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Platform.The Platform cannot be held liable for the actions of a Project Creator, Project Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. The Platform does not oversee the performance or punctuality of projects. The Platform reserves the right to cancel a project listing and refund all associated members' payments at any time for any reason. The Platform reserves the right to remove a project listing from public listings for any reason.The Platform is not responsible for any damage or loss incurred as a result of any dealings on the platform. All dealings are solely between you and such individuals and/or organisations. The Platform is under no obligation to become involved in disputes between Project Supporters and Project Creators, or between site members and any third party. In the event of a dispute, you release Australian Design Festival and Pozible 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.The Platform cannot guarantee the performance or reliability of the PayPal online payment service. Additionally, because of occasional failures of some credit cards, the Platform cannot guarantee the full receipt of the total funds pledged to a Project Creator's project.The Project Creators and Project Supporters must also agree and comply with the PayPal Acceptable Use Policy.The Platform cannot guarantee the full receipt of pledged funds due to occasional failures when capturing funds from debit and credit cards.
Project RewardsBy listing an Project Reward on the Site you warrant that you and all aspects of the Reward comply with the Platform's published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Project Description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experiences on offer. If the "Available" quantity is more than one or unlimited, all items and/or experiences listed in that Reward tier must be identical. Each unique Reward must have its own listing as a new Reward.All Project Creators are urged to outline seller policies for their Project. These policies may include, for example, shipping, returns, payment and selling policies. Project Creators must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with the Platform's site-wide policies. Project Creators are responsible for enforcing their own reasonable seller policies. The Platform reserves the right to request that a Project Creator modify a seller policy.All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Project Supporter, unless there is an exceptional circumstance, such as: (a) the Project Supporter fails to meet the terms of the Project Creator's listing (such as payment method), or (b) the Project Creator cannot authenticate the Project Supporter's identity. The Project Supporter is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance.
Prohibited, Questionable and Infringing Rewards, Items and ActivitiesYou are solely responsible for your conduct and activities on and regarding to the Platform and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.Your Content and your use of the Platform shall not:
- 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
- Violate this Agreement, any site policies, any community guidelines, any project guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
- Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including Pozible staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Pozible or modify another website so as to falsely imply that it is associated with the Site;
- Appear to create liability for Pozible or cause Pozible to lose (in whole or in part) the services of Pozible's ISPs or other suppliers
FeesRegistering as a member of the Site and setting up a Project on the Platform is free. The Platform charges fees to Project Creators. See Fee schedule for Project Creators using this link http://australiandesignfestival.com/prefunding-how-it-works/
Successful ProjectsCredit & Debit Card transactionsFunds collected through Credit/Debit Card (and not through the PayPal payment gateway) are transferred to the Project Creator by electronic bank transfer.There is a 7 day* processing period (after the end of a successful project) in which supporters who have had their pledges declined are invited to re-submit their pledge. Thereafter there is a 1-3 business days period for bank transfers to be processed to the project creator’s account. Please factor in this duration when deciding how long your project should run for.*Note: Funds transfer might be further delayed if authorised parties require extra investigation on certain project funds, e.g. government bodies, police, financial institutions etc. Should this occurs, the Platform will notify the project creator(s) in through email or telephone.PayPal TransactionsThe funds are transferred directly to the Project Creator's PayPal account configured in their Project setup.
Unsuccessful ProjectsIn the case of unsuccessful projects, the pre authorised transaction for a Project Supporter's pledge will be cancelled by the Platform at the project deadline. No funds will be captured from the Project Supporters and no funds will be transferred to the Project Creator.No fees or charges apply.
Charitable DonationsOnly registered Australian Not for Profits and Charities with the required fundraising licenses or exemptions may accept donations as part of their Project.Only Not for Profits or Charities with Deductible Gift Recipient status may issue tax deductible receipts and the onus is on the Not For Profit or Charity to issue those as required. The platform provides a downloadable document in the project backend at the completion of a successful campaign with the information required to do this.The individuals running a crowdfunding campaign must be part of or have approval from the Charity or Not for Profit to do so. The platform is not responsible for unauthorised individuals beginning a campaign on behalf of an organisation, however we will remove a campaign at the request of an authorised person from the Charity or Not for Profit.Donation processing is treated the same as Rewards and will not be processed until such time as the project reaches its crowdfunding target. The standard Platform service and transaction fees are applicable.
Delivery, Refunds and ChargebacksFunds collected for Successfully funded projects through the platform are nonrefundable and the Platform is not responsible for issuing refunds to Project Supporters. The Platform transfers the funds to the Project Creator for successful projects after the project deadline. Project Creators may initiate refunds at their own discretion. If, for any reason, the Platform is required to refund monies to Project Supporters, the Project Creator will fully compensate the Platform for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs. Please contact us if you need further advice on this.The Project Creator is wholly responsible for meeting any obligation or Reward stated or implied in their project. The Platform is not responsible for the delivery of Rewards stated in projects. Project Supporters should contact the Project Creator if the delivery terms are not clearly stated in the project description.Like all Policies, we may change our fees policy and the fees for our services. We may choose to temporarily change our fees policy and the fees for our services for promotional events (for example, free service days) and such changes are effective when we post the temporary promotional event. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the project. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). The Platform fees must never be mentioned on project listings but you may wish to consider the Platform fees when determining the funding goal of your project.You understand and agree that any attempt to make any charge back or otherwise reclaim or obtain a refund of or a credit against any fees paid for the service without first having obtained prior written consent to refund shall entitle the Platform to deactivate your account unless and/or until such time as the fees are repaid or a credit or refund is agreed with the Platform. Deactivation will include all access to the service including previously purchased additional features and/or the free aspects of the Platform.Furthermore, you may not list a project on our Site (or complete any transaction that was initiated using our service), if the payment to us of the service fee, would be likely to cause us to violate any applicable law, statute, ordinance or regulation, or if the item violates our current Prohibited, Questionable and Infringing Items list current at the relevant time.The Project Creator agrees to be accountable and responsible for settling any disputes, refund requests and chargebacks from supporters. If these chargebacks are deducted from the Platform's account after the project funds has been transferred, The Project Creator agrees to transfer the equivalent amount plus any related fees back to the Platform.
Electronic CommunicationsThe communications between you and the Platform use electronic means, whether you visit the Site or send us emails. For contractual purposes, you (a) consent to receive communications from Pozible in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pozible provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
SupportThe Platform does provide limited support for the Software or Service. However, the Platform may provide access to a protected forum for the users and members to send any questions and/or comments regarding the Software or Service. The Platform does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.
UsageImproper Usage of the Platform. We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Site membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Pozible service, violated the terms of this Agreement, or have otherwise used the Pozible service to conduct any fraudulent or illegal activity.In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in our sole discretion), the Platform may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.
General TermsYou and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. The Platform will not be liable for any delay or failure to provide its services caused by a factor outside the Site's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
Your InformationDefinition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the project information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.Your Information must not, in any way whatsoever, be potentially or actually harmful to the Platform or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by the Platform. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- be fraudulent or involve the sale of counterfeit or stolen items;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in the Platform's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such
- contain any content that is prohibited or that, in the Platform's sole and absolute discretion, may be prohibited content;
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;
Tax & Legal ComplianceIn addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and supporting projects. In particular, you must ensure that your activities, projects you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).Project Creators alone, and not the Platform, are responsible for ensuring that the project listing and any other activities conducted on the Site are lawful. Project Creators must ensure that they comply with all applicable laws in Australia and all other countries. Project Creators must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.Project Creators should comply with country, state and federal regulations.Project Creators should be aware that funds raised using the Platform could be taxable income. It is the Project Creators responsibility to declare the funds and comply with local tax laws.
Governing LawThese terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Platform service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.
Further InformationCommercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.
Contact informationContact us on firstname.lastname@example.org if you have any questions.
Disputes between you and the Platform regarding the website services, complaints or suggestions should be reported to technical support through email email@example.com