WEBSITE TERMS of USE

Thanks for visiting our website and please give us feedback that will improve its usability. The following gives our terms for using this website.

These Terms and Conditions govern the use and services of this website. Any reference to “this website”, “we”, “us” refers to the Fund Lifelong Learning website, a crowdfunding initiative of the Graduate Union of the University of Melbourne.

By using this website, you accept these Terms and Conditions, privacy policy and other rules, regulations and guidelines in full.  If you disagree with these Terms and Conditions, the privacy policy, cookie policy and other rules and guidelines or any part thereof, you must not use this website.

 

License to use website services

The website is open to the public to browse without registering or creating an account. You must be 18 years or older to use the services offered by this website. Children between the ages of 13-18 must receive consent from a parent or legal guardian above the age of 18, and only under their supervision, use the services of this website, if the parent or guardian also agrees to be bound by our Terms and Conditions, privacy policy, cookie policy and other rules, regulations and guidelines in full.

Fund Lifelong Learning reserves the right to refuse services to anyone, reject venture or post submissions, cancel, interrupt, remove and suspend any posted ventures, donation or pledge, or any general service to anyone at anytime, for any reason, without liability. Users that are suspended from Fund Lifelong Learning are not permitted to use our services.

All users of Fund Lifelong Learning are granted a non-exclusive, non-transferrable, revocable licence to use the services, subject to the user’s eligibility and continued compliance with the Terms and Conditions, privacy policy, cookie policy and other rules, regulations and guidelines in full.

 

Definitions:

  • Ventures or Posts means the fundraising campaign or initiative that is hosted on the website. These ventures or posts should crowdfund for initiatives in the form of a one-off event, program or action, or a series of events, programs or actions, research, etc. to support People, Programs and Places in the furtherance of individual or collective educational development, lifelong learning, philanthropic causes and 2030 Sustainable Development Goals developed by the United Nations.
  • Post or Venture Creators, or Creators  are the individuals or groups of two individuals who create ventures on this site to raise funds.
    • For the purposes of this website, a post creator can be an individual or a group of two individuals. Any more than two members can assist with the venture, however only the two members listed as creators will be responsible and liable for any damage, fraudulent activity, tortious activity etc.
    • In the case of individuals creating a post for a company, organisation or the like, the company, organisation or the like is responsible and liable for any damage, fraudulent activity, tortious activity etc.
  • Donors are the financial contributors to each venture.
  • Pledges are the amount that the donor contributes or donates to a venture.
  • Users are all the visitors to the site, including donors, post creators and browsers.
  • User content is any material (including without limitation, text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

The platform

Fund Lifelong Learning is an online crowdfunding platform developed and managed by the Graduate Union of The University of Melbourne. The platform allows eligible users to register and create accounts to pledge donations to crowdfunding ventures hosted on the website and to create, develop and manage their own crowdfunding ventures. The platform does not act as a broker, financial institution or creditor.

Fund Lifelong Learning acts as an administrative platform to facilitate pledged donations between donors and creators and is not directly involved in these transactions. Accordingly, we have no control over the quality, safety, morality, legality, performance and security over any post or venture. Fund Lifelong Learning cannot guarantee the truth or accuracy of the posts or venture, the identity and age of the creators and the ability of a creator to complete the venture. You agree that the platform is not responsible or liable for transactions, dealings and communications between users, creators and donors.

Fund Lifelong Learning is not liable for disputes between the donor and the creator, between users, or between users and third parties relating to the use of this website and services. We are also not liable for any posted content such as data, text, information, monetary targets, graphics, images, photographs, profiles, audio, video, links and documents posted by you, other users and third parties. Fund Lifelong Learning and the Graduate Union of The University of Melbourne does not endorse third party ventures hosted on the website, it’s content, ideas, implications and it’s creators.

Fund Lifelong Learning and the Graduate Union is under no obligation to become involved in any disputes between creators and donors, or users and other third parties. All parties release Fund Lifelong Learning and the Graduate Union of the University of Melbourne, our employees, volunteers, board members, partners, affiliates and successors in rights from all claims, damages and demands of every kind, in the event of a dispute and in relation to our services.

Fund Lifelong Learning does not guarantee that the website will be free from viruses, or that access to the site will be uninterrupted. You agree to use this platform at your own risk.

 

Users’ guidelines and conduct:

Users can share any ventures or posts from this website to other social networking sites, in support of a venture. You may view and download information for caching purposes only, and print pages or digital material from the site for your own personal use, subject to the limitations set out in the Terms and Conditions, other guidelines of Fund Lifelong Learning and all applicable laws and guidelines.

Misusing ventures and content

Users must not sell, rent, sub-licence, reproduce, duplicate, copy or otherwise exploit material posted on this website for a commercial purpose without seeking permission from the creator and website administration. Editing or otherwise modifying any content or material that you have not authored on the website is prohibited.

Misrepresenting ventures and content

Any material, content or ventures posted on the website must not be represented as your own creation if you are not the author. Users must not imply the endorsement of Fund Lifelong Learning or the Graduate Union of the University of Melbourne for any individual post created by external users, other than the material, content or ventures created by the Graduate Union while sharing or raising awareness for the venture or in any other avenue or setting.

Interfere with or cause damage to other users and services

Users must not use this website or services provided in any way that causes, or may cause damage to, or impair the availability and accessibility of the website and crowdfunding ventures. Users must also not engage in any activity or take any action that interferes, inhibits or disrupts the crowdfunding ventures and other proper working services offered by Fund Lifelong Learning. Fund Lifelong Learning and the Graduate Union of The University of Melbourne has the sole discretion to determine if any activity or action engaged by a user is an unreasonable load on the infrastructure of the site.

Promote and carryout illegal or harmful activity

Users must not use this website or services or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. This platform must not be used to promote in any nature of form, violence, discrimination or hatred against other ventures, it’s scope and ideas, other individuals, race, religion, ethnicity, gender, age, sexual orientation, profession or their veteran status.

Promoting and posting any content, including but not limited to pictures, videos, URL links, statements that are sexually explicit or depict people or animals being hurt or degraded is strictly regulated against. Users must not copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

Users must not spam comments sections or other users with any form of inappropriate messages or comments. Users must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from Fund Lifelong Learning and The Graduate Union of The University of Melbourne.

 

Post or Venture Guidelines:

All crowdfunding posts and ventures must benefit either People, Programs or Places and must fall within our categories of support including education, research, professional development, lifelong learning, social good, and the 2030 Sustainable Development Goals developed by the United Nations.

Donations are sought to accomplish a venture initiated by the creator. Donations received via Fund Lifelong Learning must be used for purposes as stated in the post description and no other purpose. Primary aspects of the post or venture including the target amount, goals and the scope and essence of the venture cannot be edited or changed once the post or venture is live.

Individual ventures must follow all these Terms and Conditions, and other guidelines mentioned elsewhere on this website. This includes compliance with guidelines regarding structure, crowdfunding duration, funding model, method of sharing and raising funds, accuracy and truthfulness of the venture description and creators profile etc.

Fund Lifelong Learning does not guarantee the performance of obligations promised by creators and is not liable for any loss or damages incurred due to the actions or conduct of the creator, donor or other third parties.

Fund Lifelong Learning and the Graduate Union reserve the right to refuse, reject, and cancel post or venture submissions and live ventures, at any time, for any reason, without liability. We are not liable for and do not guarantee the return of pledged donations in full or chargeback to donors for cancellation of live ventures, in accordance to the payment gateway’s transaction charges. Fund Lifelong Learning also reserves the right to delay publications of the post until it is edited according to standards, guidelines, Terms and Conditions required by Fund Lifelong Learning.

 

Payment gateways and methods

All donations and monetary transactions are facilitated through the payment gateway “Stripe”, which verifies the venture creator and is responsible for transferring the funds raised to the creator.

As soon as donations are pledged to individual ventures, the amount will be reserved by a third-party merchant until the venture reaches its target amount. On meeting the goal amount, Fund LifelongLearning will enable Stripe to release the donated amount to the creator. The “All or Nothing” Funding model allows the funds to change hands only after the venture reaches its fundraising goal.

Donations to Graduate House ventures will change hands to Graduate House immediately, following the “Keep it All” funding model.

All donations will incur transaction costs according to the payment gateways and merchant costs.

Fund Lifelong Learning does not guarantee the performance and reliability of third-party services including Stripe, the online payment gateway. We do not guarantee the full reception of pledged donations to ventures and their creators in accordance with transaction charges, and occasional failure of their services, or failure of credit cards.

 

Platform Fee

Registering and creating an account with Fund Lifelong Learning is free to all users. Donors are not charged any fee for their donations. There will however be transaction charges from the payment gateway Stripe. These transaction fees depend on the jurisdiction and the conversation rates.

A creator is charged a 5% platform fee of the total amount targeted for a successful venture. If a venture does not reach the target amount, the venture will no longer be live to receive donations, and the creator will not be charged. On reaching the target amount, the fee is automatically deducted from successful posts through stripe and transferred to Graduate House.

Where an extension of 30 days is granted to a creator to reach the funding goal, when the goal has not been met within the stipulated time frame, there will be an additional 3% fee. The total platform fee will be 8%, which will be collected on reaching the target amount.

If the target amount has not been met within the extended duration of time, creators will be charged 3% of the total amount targeted, which is automatically debited from their bank accounts.

All transactions are subject to the payment gateway fee as well as transaction costs

 

Post or Venture Creators

Venture creators must be above 18 years of age and must register and create an account with Fund Lifelong Learning to access the dashboard and forms to create a crowdfunding venture. If you are raising funds other than for your own profit or commercial benefit, you are a “fundraiser” according to The Fundraising Act (1998), subject to certain exemptions. Refer to Consumer Affairs Victoria for more information.

Users are solely responsible for their profile information, posts and all their user content including content submissions, discussions and conduct with backers, links, pictures and other such content. All information provided must be true and correct and should not be misleading and deceptive, or infringe a third party’s Intellectual Property Rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these terms or any applicable law.

Venture creators must comply with the rules and regulations mentioned here and elsewhere in the website in setting up their crowdfunding venture. Creators are solely responsible for the marketing and management of the crowdfunding venture, fundraising and reaching goals, and discharging promises as stated in the venture. Venture creators must provide donors and supporters regular updates, at least once a month. Fund Lifelong Learning is not responsible or liable if you do not reach your target goal amount.

On successfully being crowdfunded, creators are now obliged to fulfil the tasks as specified on their venture page and must make every reasonable effort and work diligently to discharge their obligation, in full, to donors. Donors must be kept up to date through regular posts or updates at least once a month on their venture page. Creators must also provide an account as to how the funds are used.

Where a creator does not fulfil the basic obligation of completing the venture, they must inform the donors of their failure to do so and must provide an account as to how the funds were used. Creators must then keep donors up to date regarding every other reasonable step taken to accomplish the venture. The creator has a duty to act in good faith and communicate to donors as to their progress. If the venture fails entirely, they must work with donors to reach a mutually agreed solution. Donors may be able to bring a legal action against the creator for failure to comply with the rules and non-fulfilment of the venture.

Funds raised could be considered taxable income by the Australian Tax Office. Venture creators alone are responsible to declare and pay any taxes in accordance with the funds raised in compliance with the relevant state and federal laws. Refer to the Australian Tax Office for more information. If you are targeting to raise over $10,000 per financial year and or have paid staff, you have to obtain a fundraising license. This is subject to certain exemptions. Refer to Consumers Affairs Victoria for more information.

Creators are not permitted to create ventures to raise funds for illegal activities and purposes, cause harm to people or property, scam others, receive personal gain or create ventures against the required criteria as set in the terms. Creators must comply with all applicable laws and guidelines in connection with their post or venture. Creators must not offer any perks, incentives or rewards in exchange for donations or in any form or relation to their post as the funding model is based on donations and not rewards or equity of any kind.

 

Donations and Pledges

All donations are made in Australian dollars (AUD). If donations are made in another currency, the conversion rates of your bank and the payment gateway Stripe will apply. All donations and pledges should be made voluntarily, unconditionally, and at the sole discretion of the donor.

Donors are responsible to check or investigate the venture they would like to support and pledge donations at their own risk. Once a donation is made, it cannot be revoked, unless the post has not met its target amount and the creator opts to cancel the post. Fund Lifelong Learning does not guarantee that the donations will be used as promised in ventures created by third parties. Fund Lifelong Learning is not responsible to ensure the full receipt of the funds to a pledged post or venture due to the occasional failure of the creator or donors some credit or debit cards.

If ventures are created by organisations with a Deductible Gift Recipient (DGR) status and wholly benefit from the funds raised, your donation above $2 will be tax deductible. To check if your organisation  has a DGR status, refer to the Australian Tax Office website. On receiving donations, once the funds are released, the creator will have to invoice the donor for their pledged donation. This can be done via emais.

Donations to Individual Ventures

All pledged donations are held by a merchant service through Stripe until the end of the stipulated crowdfunding period. If the venture is extended because the target amount has not yet been met, the donated amount will be held until the end of this period. Once the target amount is met, Fund Lifelong Learning will enable the release of the merchant service and the funds will change hands and be delivered to the creator, minus the platform fee.

Donations to Graduate House Ventures

All Graduate House crowdfunding ventures will ensure that the donations pledged changes hands and reaches Graduate House for the specified ventures, as soon as they are pledged. The donations will feed into the ventures as they are ongoing. All donations to Graduate House ventures are tax deductible.

 

Refunds and Chargebacks

All pledged donations held by the merchant service will be released back to the donors as a chargeback on failure of meeting the target amount in an individual venture. This does not apply to Graduate House ventures.

The donations will incur a small transaction fee, which could vary across jurisdictions. Fund Lifelong Learning is not responsible or liable for any transaction as it is not directly involved in the dealings between a donor and the creator.

 

Intellectual Property and Online Content

Venture creators and other users must not post content of any kind, or create ventures, which, in any way infringes the intellectual property rights of others. Content for which you do not have intellectual property rights can be posted on Fund Lifelong Learning only with express consent and knowledge of the rightful owner. It is your responsibility to ensure that you have all intellectual property rights, including copyright, trademark registration, patents and all applicable rights.

Under no circumstances is Fund Lifelong Learning, Graduate House and the Graduate Union of The University of Melbourne liable in any way for any user content or material posted on the website by third parties, including, but not limited to ventures, content of ventures, comments and dialogues between users. Fund Lifelong Learning, Graduate House and the Graduate Union of The University of Melbourne are not liable for any harm or damages caused to third parties by way of infringed intellectual property rights through content posted on our website.

By posting content, including content that is rightfully owned by third parties (with their consent) on Fund Lifelong Learning, you grant Fund Lifelong Learning, Graduate House and the Graduate Union of The University of Melbourne permission to use the content you submitted. You grant Fund Lifelong Learning, Graduate House and the Graduate Union of the University of Melbourne an irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, modify, reformat, gather excerpts, create derivatives, publish, translate and distribute your user content in any existing or future media, including illustrations, web content, banners, posters, brochures, newsletters etc. You also grant to the Graduate Union of The University of Melbourne the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Restricted access

Access to certain areas of this website is restricted. Fund Lifelong Learning reserves the right to restrict access to any other areas of this website, or indeed this entire website, at our discretion. If Fund Lifelong Learning provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Fund Lifelong Learning and the Graduate Union may disable your user ID and password at our sole discretion without notice or explanation.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Fund Lifelong Learning and the Graduate Union of The University of Melbourne makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Fund Lifelong Learning and the Graduate Union of The University of Melbourne does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

 

Indemnification

You hereby indemnify Fund Lifelong Learning and the Graduate Union of The University of Melbourne and undertake to keep Fund Lifelong Learning and the Graduate Union of The University of Melbourne indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by Fund Lifelong Learning and the Graduate Union of The University of Melbourne to a third party in settlement of a claim or dispute on the advice of the Graduate Union of The University of Melbourne’s legal advisers) incurred or suffered Fund Lifelong Learning and the Graduate Union of The University of Melbourne arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions. We reserve the right to assume exclusive defence and control of any matter otherwise subject to this indemnification clause, wherein the user agrees to assist and cooperate with us in the defence and settlement of such matters.

 

Limitations of liability

Fund Lifelong Learning and the Graduate Union of The University of Melbourne will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website and services provided:

  • to the extent that this platform is not directly involved in transactions, communications and dealings between users, donors and creators;
  • for any indirect, punitive, incidental, special, consequential or exemplary damages;
  • resulting from your access to, use of, or inability to access the services or third-party services linked to the operation of this website;
  • for any losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data; or
  • for any conduct of content of any third-party site.

These limitations of liability apply even if Fund Lifelong Learning and the Graduate Union of The University of Melbourne has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Fund Lifelong Learning and the Graduate Union of The University of Melbourne, liability in respect of any:

  • caused by negligence of the Graduate Union;
  • fraud or fraudulent misrepresentation on the part of Fund Lifelong Learning and The Graduate Union of The University of Melbourne;
  • or any matter that would be illegal or unlawful for Fund Lifelong Learning and the Graduate Union of The University of Melbourne to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

Other parties

You accept that, as a limited liability entity, the Graduate Union of The University of Melbourne has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Graduate Union of The University of Melbourne’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the previous paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Graduate Union of The University of Melbourne’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Graduate Union of The University of Melbourne.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Breaches of these Terms and Conditions

Without prejudice to other rights of the Graduate Union under these Terms and Conditions, if you breach these Terms and Conditions in any way, Fund Lifelong Learning and the Graduate Union of The University of Melbourne may take such action as the Graduate Union of The University of Melbourne deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet Service Provider (ISP) to request that they block your access to the website and/or bringing court proceedings against you.

 

Variability

Fund Lifelong Learning and the Graduate Union of The University of Melbourne may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this website from the date of the publication of the revised Terms and Conditions on this website. You will be informed about any material changes by notification on the site or by email. If you keep using Fund Lifelong Learning after a change in the Terms and Conditions, you accept the revised Terms and Conditions.

Please check this page regularly to ensure you are familiar with the current version of our terms.

 

Assignment

Fund Lifelong Learning and The Graduate Union of The University of Melbourne may transfer, sub-contract or otherwise deal with Fund Lifelong Learning and The Graduate Union of The University of Melbourne’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

 

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and Publications and Terms and Conditions, constitute the entire agreement between you and Fund Lifelong Learning and the Graduate Union of The University of Melbourne in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with Web Content Accessibility Guidelines, and any disputes relating to these Terms and Conditions will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

 

Credit

Credit is extended to FreeNetLaw for the template of these Terms and Conditions.