Terms and Conditions

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 help@halocharity.com and Report the fundraiser link on the Campaign to alert our team of this potential issue, and we will investigate. 

1. 1. 1. Halo Global Australia Managed Fund ABN 19 233 977 612 makes no representation as to whether all or any portion of your Donations, including any Payment Processor Fees, are tax-deductible or eligible for tax credits. Halo Global Australia Managed Fund ABN 19 233 977 612 will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterisation on any applicable tax return of any Donation by you, any User or any Charity. You should consult a tax advisor as to the amount of your donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
      2. Donors shall provide Halo Global Australia Managed Fund ABN 19 233 977 612 with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, some of Donor’s personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. Halo Global Australia Managed Fund ABN 19 233 977 612 is not responsible and shall not be liable for any Charities use of any Donor information.
      3. Certain states require written disclosures for Charities soliciting contributions. For donors making donations to Charities, please see those various charities websites for more information.

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.

Registration data and certain other details about you are governed by these Terms of Service and our Privacy Policy. Certain aspects of our Services may also require you to register with and agree to the terms of third-party service providers (e.g., Payment Processors), with whom Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 has entered into contracts, in order to be able to benefit from their services. If Halo Global Australia Managed Fund ABN 19 233 977 612 or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third-party Payment Processors is integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy.

Charities

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. 

1. 1. 1. 1. 1. Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services.

1. 1. 1. 1. 1. 1. If Donations are refunded to the Donor, it will be by Braintree (PayPal).
               2. You acknowledge that certain data available or otherwise accessible on or by means of the Services concerning the list of Australia Based Charities to which you may make a Donation which can be found on the Australian Charities and Not-for-profit Commission Search for a program | ACNC
               3. If you are the authorised representative of a Charity and you do not wish for your Charity to appear in any searchable database, you may contact us at support@halocharity.com to request that your Charity be removed from our database. Your email should include your title, full name and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the Halo Global Australia Managed Fund ABN 19 233 977 612 databases, it will not be eligible to receive contributions through the Platform.
                  
                  
            2. They are receiving Funds. As a Charity, receipt of Donations, minus any applicable Payment Processor Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Processors are described under “Payment Processors for Charities on Halo Charity Platform” below. Halo Global Australia Managed Fund ABN 19 233 977 612  is not a payment processor.
               
               
            3. Halo Global Australia Managed Fund ABN 19 233 977 612  does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).

Ownership of Donor Lists and Data

1. 1. 1. 1. 1. Halo Global Pty Ltd Platform. With respect to Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 and the Charities using the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. If the Charity has a Charity Contact account on the Halo Charity Platform, Halo Global Australia Managed Fund ABN 19 233 977 612  shall transfer all Donor Lists and Donor Data to Charity’s account.
               
               
            2. Halo Global Australia Managed Fund ABN 19 233 977 612 Platform. With respect to Halo Charity Partner using the Halo Global Australia Managed Fund ABN 19 233 977 612 Platform, the Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes.
               
               
            3. Halo Charity Platform. With regard to Halo Global Australia Managed Fund ABN 19 233 977 612 and the Charity Partner using the Halo Charity Platform, with respect to Donor lists and Donor Data that Halo Global Australia Managed Fund ABN 19 233 977 612 has received exclusively by means of a donation to such Charity and by no other means, and to the extent permitted by the Privacy Policy and applicable law, Charity shall be provided access to any Donor Data that may have provided a Donation to Charity, including contact information of such Donors; provided, however, that Charity grants to Halo Global Australia Managed Fund ABN 19 233 977 612 a non-exclusive, royalty-free, perpetual licence to use Donor Data for the following purposes: (a) to provide the Services, including account administration and processing donations; (b) to enforce our agreements; (c) fraud prevention, safety, security, and compliance with law; (d) to respond to law enforcement requests; (e) research and analytics; (f) to customise, adjust, and improve the Services; and (g) to develop new services. “Donor Data” shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project and event associated with the Donation. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY’S CAMPAIGN OR EVENT CONDUCTED THROUGH THE SERVICES (“DONOR LISTS”) ARE PROVIDED “AS IS”, AND Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section.

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.

Public Content, Public Display of Information and Donations: Some of your activity on and through the Services is public, such as any content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organisation, personal biography and other information you enter in connection with your user profile, may be displayed to other users to facilitate user interaction within the Services. For example, as a Campaign Organiser, you might post personal details – such as information about a recent hospital stay – which might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google, Yahoo, Bing). To keep the details of your Donation private from the general public, simply click the “Private” tick box during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge and search engines may index that information. We therefore urge you to think carefully about including any explicit information that you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use and store certain details about you and your use of the Services.

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 support@halocharity.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.

1. 1. 1. 1. 1. Fees. Event Organisers that use the Halo Charity Services to process Event registrations agree to pay Halo Global Australia Managed Fund ABN 19 233 977 612 a Payment Processor Fee for each Event registration.
            2. Receipt of Registration Fees. Receipt of registration fees, minus any applicable Payment Processor Fees, is based upon and subject to the Payment Processor’s procedures and terms.
            3. Halo Global Australia Managed Fund ABN 19 233 977 612 does not withhold funds for tax purposes or otherwise. Event Organisers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies.
            4. Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the Halo Charity Services. All refunds for event registrations are handled by Event Organisers. Halo Global Australia Managed Fund ABN 19 233 977 612 is not responsible for handling or communicating an Event Organiser’s refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organiser to communicate about a refund or any chargebacks related to a refund. Donors should contact an Event Organiser concerning a refund. Event Organisers agree to deal exclusively with Event registrants concerning 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.

PROHIBITED CONDUCT

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:

1. 1. 1. 1. 1. 1. not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving:
                  
                  1. 1. 1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilise in connection with the Services;
                        2. any election campaigns that are not run by a registered organisation
                        3. User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest or impossible;
                        4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited or forbidden by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practises or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
                        5. knives, explosives, ammunition, firearms, or other weaponry or accessories;
                        6. annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, cheque cashing or similar), pyramid schemes, ‘get rich quick schemes (i.e. investment opportunities or other services that promise high rewards), network marketing and referral marketing programmes, debt collection or crypto-currencies;
                        7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift vouchers, or sweepstakes;
                        8. User Content or behaviour that we deem, at our sole discretion, to be or to reflect an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases;
                        9. for the legal defence of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception;
                        10. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
                        11. pornography or other sexual content;
                        12. offensive, graphic, perverse or sensitive content;
                        13. the sale of items before the seller has control or possession of the item;
                        14. collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to by-pass or otherwise circumvent the designated method of payment as provided by Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612
                        15. credit repair or debt settlement services;
                        16. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
                        17. publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm;
                        18. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value;
                        19. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
                        20. counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder;
                        21. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
                        22. The unauthorised sale or resale of a brand name or designer products or services;
                        23. sale of goods or services that are illegally imported or exported;
                        24. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
                        25. collecting or providing funds for any purpose other than as described in a Campaign description;
                        26. any other activity that Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud and activities of a similar nature; or
                        27. any other activity that Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 may deem in its sole discretion to be unacceptable.
               2. not to use the Services to transmit or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation; or (vi) in the sole judgement of Halo Global Australia Managed Fund ABN 19 233 977 612, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Halo Global Australia Managed Fund ABN 19 233 977 612 or its users to any harm or liability of any type;
               3. not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
               4. not to harvest, collect or publish personally identifiable information of others;
               5. not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor;
               6. not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
               7. not to use another User’s account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services;
               8. not create any liability for Halo Global Australia Managed Fund ABN 19 233 977 612 or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers;
               9. not to engage in any conduct that, in Halo Global Australia Managed Fund        ABN 19 233 977 612 sole judgement and at Halo Global Australia Managed Fund ABN 19 233 977 612 sole discretion, restricts or inhibits any other user from using or enjoying the Services;
               10. not to interfere with or disrupt any servers or networks used to provide the Services or their respective features or disobey any requirements of the networks Halo Global Australia Managed Fund ABN 19 233 977 612 uses to provide the Services;
               11. not to gain unauthorised access to the Services, or any account, computer system, or network connected to these Services, by any unauthorised or illegal means;
               12. not to obtain or attempt to obtain any materials or information not intentionally made available through the Services;
               13. not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms which is expressly permitted;
               14. not to, on the Halo Charity Platform, engage in advertising or commercial solicitation of any product or service without Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted;
               15. transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
               16. undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or
               17. attempt to undertake indirectly any of the foregoing.

Additionally, with respect to all Donations you make or accept through the Services, you agree:

1. 1. 1. 1. 1. 1. not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent;
               2. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by Halo Global Australia Managed Fund ABN 19 233 977 612 from time to time;
               3. to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for Halo Global Australia Managed Fund                        ABN 19 233 977 612 to verify compliance with these Terms of Service and make such records available to Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612  upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations or governmental authority; and
               4. at Halo Global Australia Managed Fund ABN 19 233 977 612 requests, including without limitation in case of investigations by Halo Foundation Pty Ltd as trustee for the Halo Global Australia Managed Fund ABN 19 233 977 612 a payment processing partner, or regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

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.