1). These Terms of Service (“Terms”) constitute a binding agreement between you and PayPal Giving Fund Australia (ABN 65 106 950 945) (“PayPal Giving Fund”, “we,” “our,” or “us”) and govern your use of our websites, subdomains and any other websites or mobile applications referencing, embedding or linking to these Terms, including the website located at https://www.paypal.com/au/fundraiser/hub.
2). By using PayPal Giving Fund, you agree that you have read and understand, and agree to be bound by, these Terms.
3). By donating to PayPal Giving Fund, you understand and agree that your donation is made to PayPal Giving Fund Australia, a Public Ancillary Fund (ABN 65 106 950 946). PayPal Giving Fund receives contributions and disburses those contributions to charities in the form of grants. PayPal Giving Fund will only grant donations to organisations that are an Eligible Charity. “Eligible Charities” includes the funds, authorities or institutions that:
i. are charitable or would be a ‘charity’ within the meaning of the Charities Act 2013 (Cth) if it were not a ‘government entity’ as defined in that Act (with the exception of public and private ancillary funds); and
ii. gifts to which are deductible under item 1 of the table in section 30-15 of Income Tax Assessment Act 1997 (Cth); and
iii. have been verified as to their identity; and
iv. do not promote hate, violence, racial intolerance, or engage in money laundering or other illegal activities.
4). When you donate to PayPal Giving Fund you will recommend that PayPal Giving Fund make a corresponding grant to an Eligible Charity in the amount of your donation.
5). PayPal Giving Fund will make every effort to grant the funds you donate to your recommended Eligible Charity. You acknowledge that delivery is subject to PayPal Giving Fund’s Donation Delivery Policy. You understand that PayPal Giving Fund, as required by law, retains exclusive legal control over all donations and may redirect funds to a similar Eligible Charity if it is unable to follow your recommendation.
6). As required by law, in order for your donation to PayPal Giving Fund to be considered tax-deductible, it must, among other requirements, be a genuine gift to PayPal Giving Fund. Refunds may only be granted in exceptional circumstances in accordance with our Refund Policy, and only when the funds have not already been re-granted by PayPal Giving Fund to an Eligible Charity.
7). PayPal Giving Fund will provide you with a donation receipt, and you must disregard any additional tax receipt you receive from a benefiting charity as a result of PayPal Giving Fund’s grant.
8). We will not be liable for any unpaid tax, interest, fines, penalties or any other claims against you in relation to the tax deductibility of your donation. You also agree to indemnify us against any claim made against us in relation to the tax deductibility of your donation.
10). PayPal Giving Fund does not charge any fees for contributions made to it. However, 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.
11). You agree to indemnify, defend and hold harmless PayPal Giving Fund and its affiliates and each of its and their officers, directors, employees, agents and assigns (“PayPal Giving Fund Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable legal fees) arising from or relating to:
PayPal Giving Fund reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PayPal Giving Fund’s defence of such claim.
12). Furthermore, you irrevocably waive and release the PayPal Giving Fund Indemnitees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any other user of PayPal Giving Fund.
13). 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.
14). 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.