ACCESS AND USE OF THE SERVICES
Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund
ABN 19 233 977 612 Services Description: The Halo Global Australia Managed Fund ABN 19 233 977 612 Services are offered as a platform to allow an individual, entity or charity (the “Campaign Organiser”) to post a fundraising campaign (“Campaign”) to the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform to accept monetary donations (“Donations”) from donors (“Donors”).
Halo Charity Services Description: Halo Charity Services are offered as a platform to enable a Campaign Organiser to accept Donations from Donors for a charitable purpose. This means that, in connection with Halo Charity, either the Campaign Organiser or Beneficiary must be a charitable organisation and established as such under the applicable laws of incorporation (“Charities”). Payment Processor: Halo Global Australia Managed Fund ABN 19 233 977 612 is not a payment processor and does not hold any funds. Instead, Halo Global Australia Managed Fund ABN 19 233 977 612 uses third-party payment processing partner Braintree (owned by PayPal) to process Donations for a Campaign (“Payment Processor”) You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.
Payment Processor Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees apply (hereinafter and on the website referred to as “Payment Processor Fees”). To learn more about the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform, the Halo Charity Platform and applicable Payment Processor Fees for each.
The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. Halo Global Australia Managed Fund ABN 19 233 977 612 facilitates the Campaign of the Campaign Organisers and permits Donors to make donations to these Campaign Organisers. Halo Global Australia Managed Fund ABN 19 233 977 612 is not a broker, agent, financial institution, creditor. All information and content provided by Halo Global Australia Managed Fund ABN 19 233 977 612 relating to the Services is for information purposes only, and Halo Global Australia Managed Fund ABN 19 233 977 612 does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Halo Global Australia Managed Fund ABN 19 233 977 612 has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.
No Solicitation: Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 and the Halo Charity Platforms (collectively “Platforms”) are offered to help Campaign Organisers raise money. Halo Global Australia Managed Fund ABN 19 233 977 612 merely provides the technology to allow fundraisers to connect with Charities and Donors. The existence of the Services is not a solicitation of donations by Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612, and Halo Global Australia Managed Fund ABN 19 233 977 612 does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organisation. By using the Services, you understand and agree that Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign or event.
Donors: All Donations are at your own risk. When you make a Donation through the Halo Charity Platform, it is your responsibility to understand how your money will be used. Halo Global Australia Managed Fund ABN 19 233 977 612 is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please click the contact Halo firstname.lastname@example.org and Report the fundraiser link on the Campaign to alert our team of this potential issue, and we will investigate.
Campaign Organiser: You, as a Campaign Organiser, represent, warrant and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e. the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorise Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612, and Halo Global Australia Managed Fund ABN 19 233 977 612 reserves the right to provide information relating to your Campaign to donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorised to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (e.g. the ATO) on database under the ACNC database of registered charities Search for a program | ACNC.
Your Registration Obligations: You may be required to register with Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services’ registration form. Campaign Organisers must register using their true identities (or the identities of the Charities’ authorised representatives), including their name, address and any image or video purporting to depict the Campaign Organiser or the Beneficiary of such campaign. You agree to keep registration details current and up-to-date.
The Halo Charity Services include the features and services described here. All donations are subject to any/all Payment Processor Fee for each donation. Donors have the option to cover all Payment Processor Fees at checkout.
Ownership of Donor Lists and Data
Taxes: It is your responsibility to determine which taxes, if any, apply to the Donations you receive through your use of the Halo Charity Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority (ATO).
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.
Data Deletion: To delete your Halo account and remove all user data, the Halo user will need to first navigate to their “Profile”. Simply click on the “Profile” button on the bottom navigation panel, tap the “Settings” icon and select “Account Details”. Once you have completed these steps, click on “DELETE ACCOUNT” button. This action will remove all the user’s information from the Halo database.
Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 of any unauthorised use of your password or account or any other breach of security, and should sign out from your account at the end of each session when accessing Halo Charity Services. Halo Global Australia Managed Fund ABN 19 233 977 612 will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: Halo Global Australia Managed Fund ABN 19 233 977 612 reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
Content Manifestly Made Public by the User.
Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree Halo Global Australia Managed Fund ABN 19 233 977 612 will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to Halo Global Australia Managed Fund ABN 19 233 977 612 a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sub-licensable right (through multiple tiers) and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sub-license the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services.
You acknowledge and agree Halo Global Australia Managed Fund ABN 19 233 977 612 may retain Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such retention or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Halo Global Australia Managed Fund ABN 19 233 977 612, its users or the public.
Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by Halo Global Australia Managed Fund ABN 19 233 977 612 to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third parties using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications, we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means of “opting out” of receiving further communications of a similar nature.
Promotions on the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform: You are not permitted to offer any contest, competition, reward, giveaway, raffle, sweepstake or similar activity (each, a “Promotion”) on or through the Halo Global Australia Managed Fund ABN 19 233 977 612 Services.
Promotions on the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform: You are not permitted to offer any Promotion on the Halo Charity Platform without our prior written consent. You may seek permission by sending an email to email@example.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered; (c) you may not use the our intellectual property in the rules or any other materials relating to the Promotion without our express written permission; (d) such Promotion does not require making a Donation as the only way to enter; (e) you are responsible for the marketing of the Promotion, and that such Promotion is not marketed to anyone under either the age of 18 or the age of majority for the jurisdiction in which you reside, whichever age is older; (f) prizes, rewards, give-aways or incentives are not intended to be items available for purchase; and (g) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to publicise on Halo Charity Services: (i) Halo Global Australia Managed Fund ABN 19 233 977 612 does not sponsor or endorse the Promotion; (ii) Halo Global Australia Managed Fund ABN 19 233 977 612 does not guarantee the delivery of any reward, incentive or other prize offered by the Charity Partners (iii) each participant or entrant in the Promotion releases Halo Global Australia Managed Fund ABN 19 233 977 612 from any and all liability; and (iv) all questions concerning the Promotion must be directed to you and not to Halo Global Australia Managed Fund ABN 19 233 977 612
If you or any other third party offers to match funds raised for a Charity through Halo Global Australia Managed Fund ABN 19 233 977 612 Services, you or such third party are solely responsible for providing those matching funds to the Charity and for complying with any legal obligations associated with such a match. Halo Global Australia Managed Fund ABN 19 233 977 612 shall have no responsibility for providing such matching funds, ensuring that you or the third party provides those funds, or guaranteeing any relevant legal obligations are met.
Events on the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform: Halo Charity Services enables Charities and Users to register for events, such as marathons, walks, rides, and other similar events (collectively, “Events”) which may require a registration fee, as determined by the organisers of these events (“Event Organisers”). Event Organisers may establish a page on the Halo Charity Platform which gives details about their Event and provides the ability to collect Event registration fees through Halo Charity Services. Event Organisers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers and ensuring such Event complies with applicable law. Event Organisers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds.
Data Retention: You acknowledge that Halo Global Australia Managed Fund ABN 19 233 977 612 has no obligation to you to retain data relating to any account or Campaign. You acknowledge that Halo Global Australia Managed Fund ABN 19 233 977 612 reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by Charities on either Platform, in which case Halo Global Australia Managed Fund ABN 19 233 977 612 will provide reasonable notice where possible.
Mobile Halo Global Australia Managed Fund ABN 19 233 977 612 Services: The Halo Global Australia Managed Fund ABN 19 233 977 612 Services include certain features that may be made available via a mobile device, including the ability to (i) upload User Content to the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform, (ii) browse the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform, and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access Mobile Services, your mobile network’s standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your network service provider and not all Mobile Services may work with all providers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Halo Global Australia Managed Fund ABN 19 233 977 612 account information to ensure that your messages are not sent to the person who acquires your old number.
References to “Halo Global Australia Managed Fund ABN 19 233 977 612 “, “we”, “us”, “our” and other similar terms in this section (Prohibited Conduct) shall be read as references to both Halo Global Australia Managed Fund ABN 19 233 977 612 and Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612
You are solely responsible for complying with all applicable laws in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, “Upload”).
If you are not the beneficiary of the Campaign which you organise, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.
The following are examples of User Content and/or use that is illegal or prohibited by Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612
This list is not exhaustive, and we reserve the right to remove any Campaign and/or investigate any User who, at our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, a User or User Content, we may consider all available material, including but not limited to social media, related news, and any other information that we, at our sole discretion, deem relevant to our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Donations and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Notwithstanding the foregoing, you agree:
Additionally, with respect to all Donations you make or accept through the Services, you agree:
Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or Halo Global Australia Managed Fund ABN 19 233 977 612, or that expose you, Halo Global Australia Managed Fund ABN 19 233 977 612, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.
Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 with information regarding their credit card or other payment methods (“Payment Method”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and guarantee Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 that such information is accurate and that you are authorised to use the applicable Payment Method. You agree that a certain minimum Donation amount may apply and that all Donations are final and will not be refunded unless Halo Global Australia Managed Fund ABN 19 233 977 612, at its sole discretion, agrees to issue a refund, for example, in accordance with the Halo Global Australia Managed Fund ABN 19 233 977 612 Guarantee. Halo Global Australia Managed Fund ABN 19 233 977 612 uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612
the payment partner in Australia is Braintree Australia (Owned by PayPal). Braintree Australia contracts with Halo Global Australia Managed Fund ABN 19 233 977 612, which is the contracting party responsible for transactions benefitting the Australian user. Australian users, please see Braintree Australia’s Combined Financial Services Guide and Product Disclosure Statement Braintree | Online Payment Solutions and Global Payment Processor (braintreepayments.com).
Campaign Organisers, Beneficiaries or Charities
Halo Global Australia Managed Fund ABN 19 233 977 612 may, at its sole discretion, place a hold on a Campaign account (a “Hold”), restricting Withdrawals (defined herein), initiate a reverse transfers, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following: (i) if we have reason to believe (at our sole discretion) that information provided by a Campaign Organiser is false, misleading, or fraudulent, or that funds are being used in a prohibited manner; (ii) if the funds available (as determined by Halo Global Australia Managed Fund ABN 19 233 977 612 at its sole discretion) should be provided directly to a person other than the Campaign Organiser (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organiser); (iii) if we have reason to believe that a Campaign or Campaign Organiser has violated these Terms of Service; (iv) if Halo Global Australia Managed Fund ABN 19 233 977 612 determines that the Campaign Organiser is colluding with donors to engage in fraudulent activity; (v) if we have reason to believe (at our sole discretion) that there may be suspicious or fraudulent donation activity; or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account or need information about how to resolve the Hold. Please contact firstname.lastname@example.org
Withdrawing Donations from a Campaign: While Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612
endeavours to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and Halo Global Australia Managed Fund ABN 19 233 977 612 does not guarantee that Withdrawals will be available to you within any specific time frame, and Halo Global Australia Managed Fund ABN 19 233 977 612 expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organiser, are responsible for ensuring that the information you provide to Halo Global Australia Managed Fund ABN 19 233 977 612 is in order to process a Withdrawal, including your bank account details, is accurate and up to date. Halo Global Australia Managed Fund ABN 19 233 977 612 may, at any time, for any reason, without notice, and at its sole discretion, offer or issue a refund of Donation(s) with or without consulting you, which may comprise the total amount donated to your campaign. Halo Global Australia Managed Fund ABN 19 233 977 612 is not liable to you or to any third party for any claims, damages, costs, losses or other consequences caused by Halo Global Australia Managed Fund ABN 19 233 977 612 issuing refunds, including, but not limited to, transaction or overdraft fees.
Halo Global Australia Managed Fund ABN 19 233 977 612 uses Payment Processors to process Donations for your Campaign and thereafter deliver it to you. In order to withdraw funds from a Campaign, a Campaign Organiser or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor with information regarding bank account details (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and Halo Global Australia Managed Fund ABN 19 233 977 612 that such information is true and that you are authorised to use the applicable Withdrawing Account.
By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently Braintree – Owned by PayPal) Terms of Service. Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 payment partner in Australia is Braintree. Braintree Australia contracts withHalo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612, which is the contracting party responsible for transactions benefitting the Australian user. Australian users, please see Braintree Australia Combined Australia’s Financial Services Guide and Product Disclosure Statement.
Halo Charity Partner Portal
Each Halo Charity will be given access to our priority software tool allowing access to our Charity Partner Portal to create Campaign Creation Services, where you will be able to load campaigns, stories and images. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use and display your campaigns within the Halo Mobile App and the Halo Web/ Web App (once operational), this includes having Halo on your website for your own personal or internal business purposes. We reserve the right to discontinue providing access to the Halo Charity Partner Portal at any time, or to direct you to cease displaying, or otherwise using, any Halo of the Halo Charity Partner Portal for any or no reason, without liability to you or any third party. You may not use the Halo Charity Partner Portal for any other purpose than what it was designed for or without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Halo Charity Partner Portal. In addition, you may not, with any services:
APPLE-ENABLED SOFTWARE APPLICATIONS
Halo Global Australia Managed Fund ABN 19 233 977 612 offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”)
INTELLECTUAL PROPERTY RIGHT
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other intellectual property rights and laws. Except as expressly authorised by HHalo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part. The foregoing does not apply to your own User Content that you upload to the Services legally. In connection with your use of the Services, you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by Halo Global Australia Managed Fund ABN 19 233 977 612 from accessing the Services (including by having your IP address blocked), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612
The Halo Global Australia Managed Fund ABN 19 233 977 612 name and logos are trademarks and service marks of Halo Global Pty Ltd (collectively the “Halo Global Pty Ltd Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to Halo Global Pty Ltd. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of Halo Global Pty Ltd Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Halo Global Pty Ltd Trademarks will ensure to our exclusive benefit.
Under no circumstances will Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that Halo Global Australia Managed Fund ABN 19 233 977 612 does not pre-screen User Content, but that Halo Global Australia Managed Fund ABN 19 233 977 612 and its designees will have the right (but not the obligation) at their sole discretion to refuse, remove or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all rights, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit such User Content including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy-related thereto. By uploading, sharing, providing or otherwise making available any User Content or any portion thereof, in connection with the Services, you hereby grant and will grant Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 and its affiliated companies and users a non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Notwithstanding the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Halo Global Australia Managed Fund ABN 19 233 977 612 and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licences, waivers and releases from such person(s) for the benefit of Halo Global Australia Managed Fund ABN 19 233 977 612 in a manner fully consistent with the licences, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licences, waivers and releases set forth herein (or Halo Global Australia Managed Fund ABN 19 233 977 612 exploitation thereof) and that the sole consideration for the subject matter of this agreement is the opportunity to use the Services.
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to but do not have any obligation to (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services.
Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, Halo Global Australia Managed Fund ABN 19 233 977 612 is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process or transmit cardholder data on behalf of you or to the extent that we can in any way impact the security of your cardholder data environment.
Copyright Complaints: Halo Global Australia Managed Fund ABN 19 233 977 612 respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify Halo Global Australia Managed Fund ABN 19 233 977 612 of your infringement claim in accordance with the procedure set forth below.
Halo Global Australia Managed Fund ABN 19 233 977 612 will process and investigate notices of alleged infringement and The Copyright Act 1968 (Cth) (Copyright Act)and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to
Halo Global Australia Pty Ltd.
46-52 Meagher Street
Chippendale, NSW 2008
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
If a counter-notice is received by the Copyright Agent, Halo Global Australia Managed Fund ABN 19 233 977 612 will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with The Copyright Act 1968 (Cth) (Copyright Act) and other applicable law, Halo Global Australia Managed Fund ABN 19 233 977 612 has adopted a policy of terminating, in appropriate circumstances and at Halo Global Australia Managed Fund ABN 19 233 977 612 sole discretion, users who are deemed to be repeat infringers. Halo Global Australia Managed Fund ABN 19 233 977 612 may also, at its sole discretion, limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Services or third parties may provide or facilitate links, tools, or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). Halo Global Australia Managed Fund ABN 19 233 977 612 has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and Halo Global Australia Managed Fund ABN 19 233 977 612 is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge that Halo Global Australia Managed Fund ABN 19 233 977 612 is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Resources. You further acknowledge and agree that Halo Global Australia Managed Fund ABN 19 233 977 612 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, from the Halo Charity through your mobile device, and you upload a video to a fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that Halo Global Australia Managed Fund ABN 19 233 977 612 is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify on demand and hold Halo Global Australia Managed Fund ABN 19 233 977 612 and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable legal fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that Halo Global Australia Managed Fund ABN 19 233 977 612 has the right to conduct its own defence of any claims at its own discretion and that you will indemnify Halo Global Australia Managed Fund ABN 19 233 977 612 for the costs of its defence (including, but not limited to legal fees).DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 AND ITS AFFILIATES MAKE NO GUARANTEE OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF Halo Global Australia Managed Fund ABN 19 233 977 612)HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Halo Global Australia Managed Fund ABN 19 233 977 612 TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Halo Global Australia Managed Fund ABN 19 233 977 612 IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration; Class Action (Group Litigation) Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration“). Our current address for Notice is: Halo Global Australia Pty Ltd Attention: Legal Department, 46-52 Meagher Street, Chippendale NSW 2008
The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration has been received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any. If the arbitrator awards you an amount that exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) US $10,000.00.
Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the courts. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions (Group Litigations). YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (CLAIMANT) OR CLASS MEMBER (GROUP LITIGANT) IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class (group litigation) proceeding.
Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.
Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors and insurance providers.
You agree that Halo Global Australia Managed Fund ABN 19 233 977 612, at its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Halo Global Australia Managed Fund ABN 19 233 977 612 will have no liability or responsibility with respect thereto. Halo Global Australia Managed Fund ABN 19 233 977 612 reserves the right but has no obligation to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Halo Global Australia Managed Fund ABN 19 233 977 612 and govern your use of the Services, superseding any prior agreements between you and Halo Global Australia Managed Fund ABN 19 233 977 612 with respect to the Services. You may also be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of Halo Global Australia Managed Fund ABN 19 233 977 612 to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Halo Global Australia Managed Fund ABN 19 233 977 612, but Halo Global Australia Managed Fund ABN 19 233 977 612 may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or physical mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. May, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganisation or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent Halo Global Australia Managed Fund ABN 19 233 977 612 from complying with the law. Halo Global Australia Managed Fund ABN 19 233 977 612 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
At Halo Global Australia Managed Fund ABN 19 233 977 612, we respect the privacy of our users. For details, please see our Privacy Notice; by using the Services, you consent to our collection and use of personal data as outlined therein.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please visit the Halo Help Centre @ halocharity.com
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