Charis Fund Terms of Service

Charis Fund Terms of Service

Please contact us if you have any questions about the terms of service.

Latest update: 10/02/2023

In accordance with these Terms of Service, Charis Fund provides the Charis Fund platform through its website (charisfund.net). Organisers (defined below), Contributors (defined below) and Beneficiaries (defined below) agree to the terms of service, Charis Fund located in Gate 2 Randwick Lyneham ACT 2602 Australia. Unless otherwise specified, the contents stated as “Charis Fund”, “we”, “us”, “ours”, and “our” refer to the Charis fund you agree with.

Arbitration, jury and group litigation exemption: Except as otherwise specified in the dispute section below, you agree to use the Service to resolve disputes between us in a binding, individual arbitration manner and you waive your right to a jury trial or to participate in a group litigation. You expressly acknowledge that you have read and understand all these Terms of Service by using the Services.

We may change or modify any part of these Terms of Service at any time without notice. If we make any changes, post the revised Terms of Service on this page and display the date of the revision.

Continuing to use the Services beyond the date of these changes is considered an agreement to the new Terms of Service. To the extent permitted by law, English editions of these Terms of Service are binding, and other translations are for convenience only. If you do not agree to the new Terms of Service, you can discontinue using the service.

You will also be subject to additional application policies, including privacy notices, without limitation, when using the service, and unless you are in the Eurozone, the United Kingdom and Switzerland (“Europe”). All these terms and conditions are referenced and incorporated into these Terms of Service (provided that this Terms of Service shall prevail in the event of a conflict). Such conflicts will be resolved at our sole discretion, and all our decisions are final. Terms and conditions of the exception area will be announced separately.

Accessing and Using Services

Service Description: Charis fund provides a platform for individuals, organisations or non-profit organisations operating or responsible for Charis College missionary work to receive monetary donations from contributors (“donors”) to recipients of contributions (“donors”).

Payment Processor: Charis Fund is not a payment processor and does not hold contributions. Instead, Charis Fund uses third-party payment processing partners to support financial transactions for the exercise of donations. You acknowledge and agree that the use of payment processors is essential to the service and that we exchange information with payment processors to facilitate the delivery of the service. See Privacy Notice.

Transaction fee: There is no fee for starting or maintaining donations, but please note that transaction fees including credit and debit fees (hereinafter referred to as “transaction fees”) are deducted for each donation.

We are not brokers, financial institutions, creditors or charities. It’s just a management platform. Charis Fund facilitates organizers to raise donations for beneficiaries and allows donors to participate in donations.

All information and content provided by Charis Fund in connection with this Service is for informational purposes only, and Charis Fund does not guarantee the accuracy, completeness, timeliness or reliability of such information or content. Nothing is intended to provide financial, legal, tax or other professional advice. The Organiser should consult with appropriate financial, legal, tax or other professional advisors before making the necessary decisions to raise contributions for the Beneficiary. You acknowledge that you are responsible for all information and content accessed using the Services.

Charis Fund has no control over your actions, or any information provided by you and thereby disclaims all liability in this regard to the extent permitted by applicable law. We do not guarantee that the beneficiary will receive a certain amount of contribution at all. We do not expressly or impliedly guarantee that the information provided by the Organiser or Beneficiary through the Services is accurate. We are not responsible for any obligation or responsibility for the outcome or success of the donation as a donor, you must make a final decision on the value and appropriateness of donating to the organizer or beneficiary.

The platform is provided to help organizers raise donations. Charis Fund only provides technology to enable recipients to connect with donors through organizers. By using the Services, you understand and agree that Charis Fund is not responsible for the use of your contributions or for donations raised for the beneficiary or organiser.

Donor: All donations are your responsibility. When you donate through the Charis Fund Platform, it is your responsibility to understand how your money will be used. Charis Fund shall not be liable for any proposal, commitment or plan provided by the Organiser or Beneficiary. However, we deal very seriously with possible fraud and misuse of funds raised.

If you are a contributor to a non-profit organisation established under the Incorporation Act (“charity”):

1. No restrictions can be placed on the use of donations by charities. If a donation is made in response to a charity’s instructions for a particular program, or if the donor directs the use of the donation by the charity, such instructions shall consist only of non-binding recommendations.
2. You should consult with your tax accountant about the amount of contributions that are subject to tax deduction or are eligible for tax recognition. Consideration should be given to the status of tax laws in the jurisdiction of the beneficiary. Charis Fund does not collect or disclose information on whether all or part of the contributions, including transaction fees, are eligible for tax deductions. Charis Fund is not responsible for claims by national, federal, state, local, or other tax authorities in respect of applicable tax returns of contributions by organisers, beneficiaries and donors.
3. Unless you refuse to disclose, you acknowledge and agree that your personal information will be shared unrestrictedly with charities that donate as part of our list of donors (as defined below) and may be used to issue official donation receipts (or similar documents). Follow the privacy policy of the charity. Charis Fund is not responsible for the use of donor information by charities.

Organiser: You as the Organiser (1) agree that all information you provide in relation to the Beneficiary is accurate, complete, unlikely to deceive you, and that you will post updates as necessary so that the Donor can understand the use of donations and other relevant information about your beneficiary.;  (2) Donations raised will only be used as described in the materials posted or provided.; (3) If the donor is forced to collect the donation, the organiser will refund or spend the requested donation on behalf of the beneficiary.; (4) You will not infringe on the rights of others. (5) You will comply with registration, tax reporting and all relevant and applicable legal and financial reporting obligations to raise contributions.; (6) As long as you share third-party personal data with us for any purpose, including the name, email address and phone number of your personal contact, you have the authority (including the consent required) as required by applicable law. Provide us with your personal data and allow us to use your personal data for the purposes you have shared.; (7) You do not offer goods or services in exchange for donations. You authorise Charis Fund and Charis Fund reserves the right to fundraising and provide and support information relating to organisers, donors and beneficiaries to law enforcement or other regulators upon request.

If you use the beneficiary of the service as an agent of a charity, you represent and guarantee that: (a) you represent the representative of the charity, who has the authority to raise funds for the charity and bind the charity to these Terms of Service; (b) you may only use the fund for any other purpose (for any other federal, state, local, and regulatory purposes);You must retain and maintain the tax exemption.

Registration Obligation: You may need to register with Charis Fund to access and use the service. If you choose to register for the service, you agree to provide and maintain true, accurate, up-to-date, and complete information about yourself or your charity in accordance with the service’s registration form. Organisers must register relevant images or videos, including their name, address, and photos taken of the beneficiary for less than one year, using their actual identity (or the identity of the authorised representative of the charity). You agree to keep your registration up to date.

Registration data and other specific information about you are subject to these Terms of Service, including privacy notices. If the beneficiary is a minor in the jurisdiction, the service must be approved by the parent or guardian before it can be used with or without registration. In addition, certain aspects of our service may require Charis Fund to register and accept the terms and conditions of the service provider so that it can benefit from the services of the contracted third-party service provider. Access to your services may be suspended or terminated immediately and may be subject to a fine by the relevant authority if the information provided by Charis Fund or one of our payment processors about the purpose of you or your fundraiser is incorrect or violates these Terms of Service. In all of these cases, you will pay.

Charity: This service includes the functions and services described herein. All donations are charged a transaction fee for each donation.

 

1. If the donation is refunded to the donor via PayPal or if the PayPal donation fund has already been transferred to the charity under the Charity Fund Donation Guarantee, the chargeback or refund will be deducted from the future donation and a bill will be issued to the charity if necessary. The Charity expressly agrees: (a) It is responsible for paying the full refund of the contribution to the Donor to PayPal or the PayPal Donation Fund. (b) If applicable, PayPal or the PayPal Donation Fund could offset future contributions instead of asking the charity to return the refunded contributions.
2. Remove charity from database. If you are an agent of a charity and you do not want your charity to appear in Charis Fund’s searchable database, you can contact us and ask us to remove your charity from the database. Your email must include your full name, title, email address, and phone number related to your charity. If a charity has been removed from Charis Fund’s database, it is not eligible for donations through the platform.
3. Donation Receipt. As a charity, the amount excluding the transaction fee from the donation receipt is subject to the procedures and conditions of the payment processor. The payment processors available are described in “Charity Payment Processors” below. Charis Fund is not a payment process and does not hold contributions.
4. Tax. Charis Fund does not withhold contributions for purposes such as taxes. Charities are fully responsible for any applicable taxes based on applicable international, federal, state, local, or other taxes or levies, or any applicable taxes based on net income or gross income, if any.

Taxes: It is the user’s responsibility to determine the taxes that apply to donations received using the service. It is entirely your responsibility to evaluate, collect, report, or remit the correct taxes to the appropriate tax authorities.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and/or account and are fully responsible for any activities arising from your password or account. You agree to the following: (1) In the event of unauthorised use or other security violations of your password or account in Charis Fund, you will be notified immediately and (2) you will be logged out of your account at the end of each session when accessing the service. Charis Fund is not responsible for any loss or damage caused by your failure to comply with these provisions.

Service Modification: Charis Fund reserves the right to temporarily or permanently modify or discontinue the Service (or any part thereof) at any time, for any reason, without you or any third party being liable for any claim, damage, cost or loss arising therefrom.

User disclosure.

1. Disclosure Content: Disclosure of information and donations. Content (including description, text, music, sound, information, data, software, graphics, annotations, photos, videos, images, trademarks, logos, brands, or other materials) that you publicly post to the platform through or through this Service is disclosed (collectively “User Content”). In addition, user profile information, including your first and last name, public email address, organisation, personal history, and other information you enter about your profile, can be displayed to other users to facilitate their interaction within the service. For example, Organisers can publish personal data, such as recent personal information from beneficiaries. This data can be considered important. Also, as a donor, you have the option to display the donation publicly for everyone to see, including the search engine. If you choose to provide information using a particular public feature of the service, the information is managed according to the privacy settings of that feature and can be made public. Individuals who have read this information may use or disclose it to other individuals or organisations, and search engines may link it. Therefore, we recommend that you carefully consider including specific information that you may think is private in the information you submit through content or services you create. For more information on how to collect, use, and store specific information about you and your service use, see our Privacy Notice.
2. Additional Information, the user content and other information you provide to Charis Fund (e.g. forums, comments sections, or responses to surveys we can send) is publicly accessible. We also gather information by sending us questions, comments, suggestions, ideas, feedback, or other information about customer support communications, posts, other unsolicited submissions or services. (“Other information” with publicly accessible information in general). (1) We are not obligated to be confidential, express or implied, in connection with any other information.; (2) You acknowledge that you may have information similar to other information that we are already reviewing or developing.; (3) You agree that Charis Fund has the right to use and distribute any other information without authorisation or compensation to you without limitation, commercially or for any other purpose.; (4) You express and warrant that you have all the necessary authority to submit any other information.; (5) To the extent necessary, you grant Charis Fund full paid, royalty-free, permanent, non-cancellable, worldwide, non-exclusive and fully transferable and eligible rights (through multiple tiers) and the creation of derivatives for use, reproduction, display, distribution, adaptation, modification, reformatting, or other commercial purposes. Non-commercial use of all other information and use the rights as sub-qualifications; (6) You cannot and must waive any claims of moral rights contained in such other information against the Charis Fund. The other information section will survive the termination of your account or service.

You acknowledge and agree that Charis Fund may preserve not only user content but other information, and may disclose your other information or user content by law or if you believe such preservation or disclosure is reasonably necessary.: (a) in accordance with legal procedures, applicable laws, or government requests; (b) Enforce these Terms of Service; (c) Responding to claims that user content violates third-party rights; (d) Protects the rights, property, or personal safety of Charis Fund, users, employees, or the public.

Third-party communications: If you are using a service feature that allows you to communicate with a third party by submitting data to the service (“Third-party data”) or otherwise allowing the service to automatically access it, the third-party data you have must acknowledge and inform us of how you can access and use third-party data. We reserve the right to identify you as the person referenced in all messages sent to you. Use third-party data to: (1) Contact a third party using the provided third party data; (2) Provide you with an editable template message designed to facilitate communication between you and your third party through the service. In addition to sending the foregoing, we may occasionally send reminders or related messages to you and to third parties on your behalf if applicable legislation permits. In each case, these communications, which are transmitted to third parties using third-party data, provide a means to “choose” to receive additional communications of the same nature.

NO SALES ON THE PLATFORM: You are not allowed to offer any goods or services in exchange for donations on the platform.

Data Retention: You acknowledge that Charis Fund is not obligated to retain data related to any accounts or organisers, beneficiaries, or donors. You acknowledge that Charis Fund reserves the right to delete data at any time, for any reason, or terminate an account or fundraising activity without you or any third party being held liable for any claim, damage, cost, or loss resulting from this. The foregoing does not apply to accounts initiated by fundraisers or charities on both platforms, in which case Charis Fund will provide reasonable notice where possible.

Mobile services and text messages: Charis Fund Services includes certain features available through mobile devices, including: (1) Upload User Content to Platform; (2) Explore the platform; (3) Access specific items through applications downloaded and installed on mobile devices (“mobile services”). Standard rates, data rates, and other charges for wireless service providers may apply to the extent of access to mobile services. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your service provider, and not all mobile services will work with all service providers or devices. By using Mobile Services, you agree that you can communicate issues with your account to your mobile device via SMS, MMS, text message or other electronic means and that certain information about your mobile service use can be communicated to us. In addition, when setting up a Charis Fund account, click “Send Code” as “Text Message” and you agree to receive or proxy automatic text messages related to your account from Charis Fund with the phone number provided. To cancel, you can reply STOP to that text message. The frequency of messages varies. Message and data rates may apply. Prior to communicating with you in this way, we comply with all additional requirements applicable under local laws and regulations. If you change or deactivate your mobile phone number, you agree to immediately update your Charis Fund account information to prevent a message from being sent to the person who obtained the previous number.

a prohibited act

If you are a user, references to “Charis Fund”, “we”, “our”, “to us” and other similar terms in this section should be read as references to the Charis Fund (prohibited acts).

The Organiser is responsible for complying with all relevant laws regarding the use of the Services. You are also solely responsible for any beneficiary’s content used in upload, publish, display, transfer or otherwise. If the Organiser is not the direct beneficiary of the donation, the Organiser agrees to deliver the funds directly and as soon as possible to the final beneficiary.

The following are examples of user content and/or use that are illegal or prohibited by Charis Fund. This list is incomplete and reserves the right to remove or investigate any fundraiser who violates the terms or spirit of these Terms of Service or other policies. When investigating organisers, donors, beneficiaries, or user content, we may consider all available materials, including but not limited to social media, relevant news, and other information deemed relevant to the review at our discretion. It reserves the right to prohibit or disable the use of the service without restriction, remove problematic user content, suspend or terminate accounts, stop payments to fundraisers, freeze or withhold donations, report users to law enforcement, or take other appropriate legal action. Claim compensation on behalf of us and/or you.

Without limiting the foregoing, you agree and represent, warrant and covenant:

1. 다음 사항을 촉진하거나 포함하는 암묵적 또는 명시적 목적을 가진 기금을 조성하거나 기부하기 위해 서비스를 이용해서는 안 됩니다:

1. 1. 1. 1. 1. Violation of laws, regulations, industry requirements or third-party instructions or agreements to which you are bound, including instructions from payment card providers and transaction processors used in connection with the Services;
            2. Election campaigns in the recipient country, except when operated by registered agencies within the recipient country;
            3. Fraud, misleading, inaccurate, dishonest, or impossible user content or fundraiser;
            4. Drugs, steroids, controlled substances, drugs or similar products or treatments illegal, prohibited or prohibited by the relevant regulator, legal substances providing the same effect as illegal drugs, or other products, medical practices or related equipment or accessories, and causing consumer damage by the relevant regulator;
            5. knives, explosives, ammunition, firearms, or other weapons or accessories;
            6. Pensions, investments, loans, stock or lottery contracts, Layaway systems, overseas banking or similar transactions, money services businesses (including currency exchanges, check cashing, etc.), pyramid schemes, high-income investments (i.e. high-reward investment opportunities or other services), network marketing and consolidated marketing programs, debt collection or cryptocurrency;
            7. Promotions include but are not limited to other ventures that promote gambling, casino games, sports betting, fantasy sports, horse or greyhound races, lotteries, auctions, gambling, technology, or chance games (whether defined as lottery), gift cards, or prizes;
            8. User Content that reflects or facilitates acts deemed to be at our sole discretion to support race, ethnicity, nationality, religious affiliation, sexual orientation, sexuality, gender-related hate, violence, harassment, discrimination, terrorism financing or intolerance;
            9. Race, nationality, religious affiliation, sexual orientation, sex, gender, gender identity, sexual expression, serious disability or illness, financial crime or any kind of crime related to crime, violence, harassment, discrimination, terrorism or intolerance;
            10. Activities with or relating to Australia and other countries, regions, governments, individuals or organisations subject to economic sanctions under applicable laws, unless expressly authorised by appropriate government authorities;
            11. Support for ransom, human traffic or exploitation, vigilance, bribery or bounty;
            12. pornography or other sexual content;
            13. Aggressive, graphic, distorted, or sensitive content;
            14. Collection of payments on behalf of payment processors or other merchants, including, but not limited to, self-payment to fundraisers or attempts to bypass, the designated payment method provided by Charis Fund;
            15. Credit Recovery or Debt Resolution Services;
            16. Receiving or granting cash services or credit limits to yourself or others for purposes other than those clearly stated in the fundraising;
            17. Publishing user content (for example, mugshots). Here we determine that the primary purpose of publishing such user content is to harm reputation;
            18. the sale or resale of goods or services;
            19. collection of funds owed to a third party, factorisation, or other activities to confuse the source of funds;
            20. Counterfeit music, movies, software or other unauthorized materials without the proper permission of the copyright holder;
            21. Products or services that directly infringe or facilitate infringement of a third party’s trademark, patent, copyright, trade secrets or rights to ownership or privacy;
            22. Unauthorised sale or resale of a brand name or designer product or service;
            23. sale of illegally imported or exported goods or services;
            24. Avoid processing, cash advance, card testing, and card network billing monitoring programs if donations are not accepted;
            25. collection or provision of funds for purposes other than those described in the Fundraiser’s description;
            26. Other activities that Charis Fund may, at its sole discretion, consider supporting individuals and/or organisations related to corruption, bribery, tax evasion, fraud and suspected financial crimes of a similar nature, but not limited to them;
            27. Other activities that Charis Fund may, at its sole discretion, determine: (a) Unacceptable or Dissenting, (b) Restrict or prohibit others from using or enjoying the service, or (c) Expose Charis Fund or user to any type of harm or responsibility.

1. Do not use this service to send or upload the following user content: (1) Infringement of intellectual property rights or other property rights of the parties; (2) No right to upload under any law, contract or fiduciary relationship; (3) Contains files or programs designed to disrupt, destroy, or limit the functionality of software viruses or other computer code, computer software, hardware, or telecommunications equipment; (4) pose a privacy or security risk; or (5) Construct unsolicited or unauthorised advertisements, promotional materials, commercial activities and/or sales, “mail”, “spam”, “chain letter”, “pyramid structure”, “contest”, or other forms of solicitation;
2. It does not interfere with or interfere with the server or network that is connected or used to provide services or their functions, or violate the requirements, procedures, policies, or regulations of the network that is connected or used to provide services.;
3. Do not collect or publish personally identifiable information of others;
4. Failure to raise funds for minors without the explicit permission of the minor guardian unless funds are transferred to the trust account for the sole benefit of the minor.;
5. Do not use the Services on behalf of a third party or publish any personal data or other information about the third party without the express consent of the third party.
6. Do not use other users’ accounts or URLs without authorisation, impersonate individuals or organisations, falsely state their relationships with individuals or organisations, misrepresent charity or campaigns through the service, or publish your content in an inappropriate category or area of the service;
7. It does not create any responsibility for Charis Fund, or lose (in whole or in part) the services of an Internet service provider, web hosting company, or other vendor or supplier.;
8. Do not allow unauthorised or illegal access to a service or to an account, computer system, or network connected to the service.;
9. Obtain or attempt to obtain materials or information not intentionally provided through the service;
10. No information, software or other materials, including commercial purposes or advertisements, shall be published, transmitted or otherwise used for fundraising activities unless expressly permitted under these Terms of Service;
11. Do not send more request messages through the service than people can reasonably produce over the same period of time using an existing online web browser;
12. Do not perform activities or do anything that do not meet the business or purpose of the service;
13. None of the foregoing is intended to be taken indirectly.

With respect to any contribution made or accepted through the Service, you agree, represent, and enter a warranty and contract:

1. Do not make or receive donations that you know or are wrong, suspicious, or suspected of fraud;
2. Do not use services for the benefit of individuals prohibited or blocked by the state, organisation, or government
3. Maintain reasonable and standard security measures to ensure unrestricted protection of all information sent and received through the service and comply with the security procedures and controls required by Charis Fund.
4. We will retain copies of all electronic and other records relating to fundraisers and contributions as necessary for Charis Fund to confirm compliance with these Terms of Service and for use by Charis Fund at our request. For clarity, the foregoing shall not affect or restrict the obligation to maintain documents required by applicable laws, rules, regulations or government authorities.
5. At the request of the Charis Fund, we fully cooperate in its audit, investigation (including, without limitation, investigation by Charis Fund, payment processors or regulatory or government authorities), and remediation efforts to correct alleged or alleged violations or wrongdoing of your users, fundraisers or contributions.

Charis Fund reserves the right, at our sole discretion, to refuse, condition or suspend contributions or other transactions that may violate these Terms of Service, may harm you, your business partner, the public or the interests of Charis Fund, or expose you, Charis Fund or others to risks that we cannot accept. We may share any information related to your use of the Services with the appropriate financial institutions, regulators or law enforcement agencies that match our privacy notices. This information may include information about transactions made through or in connection with users, accounts, donors, donations and service use.

Donor behaviour

Donations: To contribute to a recommended beneficiary or charity through the Organiser, the Donor must provide Charis Fund information on the Donor’s credit card or other payment methods (“means of payment”) linked to the Donor’s Charis Fund account (“billing account”).

As a donor, you express and warrant to the Charis Fund that such information is true, up-to-date, accurate and authorised to use such payment instruments. You agree that a minimum donation amount may apply, all contributions are final and will not be refunded unless Charis Fund agrees to a refund at its sole discretion. Charis Fund uses a third-party payment processing partner to claim you through your payment method and donation billing account. By contributing to the fundraising, the Donor acknowledges that the Donor agrees to process, use, transfer or disclose the data of the Payment Processor in accordance with these Terms of Service. It also includes all applicable terms and conditions set forth by our payment partner. Please refer to the Payment Processors section below for a list of our current payment processors and a link to our Terms of Service.

Organiser, beneficiary, or charity

Account Holding: Charis Fund may occasionally, at its sole discretion, withhold a fundraiser account (hereinafter referred to as “holding”), restrict withdrawals (defined as transferring funds raised to beneficiaries herein), initiate transfers, secure reserves, or take similar action. Some of the reasons why we can take such action include, but are not limited to, the following, at our sole and absolute discretion: (1) The information provided by the Organiser is being used in a fraudulent, misleading or fraudulent manner or in a way that funds are prohibited; (2) The funds available must be provided directly to someone other than the organiser. For example, it must be a person qualified to represent the legal beneficiary or organiser; (3) Fundraiser or Organiser violates these Terms of Service; (4) The organiser is engaged in fraudulent activities in collusion with the donor; (5) suspicious or fraudulent donation activities; (6) These actions are necessary if they comply with court orders, subpoenas, warrants, restraining orders, or are otherwise required by applicable laws and regulations. If you have any questions about a hold, you may have signed up for a fundraiser account or need information on how to resolve the hold.

Collection of donations from fundraiser: Charis Fund tries to make it possible to withdraw immediately, but you acknowledge and agree to the following: (1) Withdrawal may not be available immediately; (2) Charis Fund does not guarantee that withdrawals can be made within a certain period of time; (3) Charis Fund shall not be responsible for any delay in withdrawal or failure to withdraw at a specified time, and for any consequences resulting from such delay or impossibility. As an organiser and/or beneficiary, you are responsible for ensuring that the information you provide to Charis Fund for withdrawal processing, including bank account information, is accurate and current. Charis Fund may, for any reason, provide or issue a refund of the contribution without notice, and at its discretion, without consulting or consulting you. Donations can include the full amount of money donated to fundraising events. Chris Fund includes, but is not limited to, transaction fees or overdraft fees for claims, damages, costs, losses or other consequences arising from Charis Fund issuing refunds.

Payment Processors

Charis Fund uses a three-way payment processor, and organisers and beneficiaries must provide payment processor information related to their bank account information. You, as a withdrawal authority, represent and warrant that this information is true and that you are authorised to use that withdrawal account in your payment processor and Charis Fund.

Intellectual property rights

Service Content, Software and Trademark: You acknowledge and agree that this Service may contain copyright, patents, trademarks, trade secrets or other proprietary and law-protected content or functions (“Service Content”). Except as expressly authorised by Charis Fund, you agree not to modify, copy, frame, scratch, lease, lend, sell, distribute, or create derivative works according to the service or its contents. However, the foregoing does not apply to user content that you have legally uploaded to this Service. About the use of the Services, you are not involved in or used in data mining, spiders, robots, scraping or similar methods of data collection or extraction. The use of services or service content other than those expressly authorised herein is strictly prohibited. The technology and software distributed under or in connection with the Services are the assets of Charis Fund, our affiliates and partners. You agree not to attempt to copy, modify, create, reverse engineering, discover reverse assembly or other source code, sell, assign, sublicense, or transfer any other rights to the Software. All rights not expressly granted herein shall be reserved by Charis Fund.

The name and logo of Charis Fund are trademarks and service marks of Charis Fund. Other company, product and service names and logos used and displayed through the Services are trademarks or service marks of the owners who are affiliated or linked to Charis Fund. Neither the Terms of Service nor any content of the Service shall be construed as implicitly granting, prohibiting or otherwise granting a license to the Charis Fund trademarks shown on the Service without prior written permission for each case. All goodwill arising from the use of the Charis Fund trademark is in our sole interest.

Third Party Materials: Charis Fund shall not in any event be liable for any loss or damage of any kind arising from the use of third party (including you) or user content (including but not limited to errors or omissions of user content). You acknowledge that Charis Fund does not pre-screen user content, but Charis Fund and its designators have the right (not obligation) to refuse, remove, or allow, at their discretion, at any time, for any reason, without notice, user content provided through the Service.

User content sent through the service: Regarding User Content, you express and warrant that you have all the rights and agreements necessary to fully exploit (and allow others to exploit) such User Content, including any copyright, trademark, and any copyright, trademark, and rights relating to publicity or privacy. By uploading, sharing, providing, or otherwise making user content or any part of the service available, you hereby authorise Charis Fund and its affiliates to copy, display, upload, distribute, store, modify and use user content in connection with service or service operations, free, paid in full, sublicense, permanent, or non-commercial forms. Without limiting the foregoing, if your content contains your name, image, or similarity, you hereby retain Charis Fund and its contractors and employees in a harmless way from: (1) Any allegation of invasion of privacy, publicity or defamation; (2) liability or other claim for obscurity, distortion, alteration, illusion or other use or exploitation of your name, image or similarity; (3) All liability for claims filed by you (or the successor to any claims you may file) in connection with your content, name, image, or similarity. You waive all rights to inspect or approve an intermediate or complete version of your user content usage results, including your name, image, or similarity. In addition, if any person other than you appears in your content, you express and warrant that you have secured all necessary licenses, exemptions and releases from the person for the benefit of Charis Fund in a manner that is fully consistent with the licenses, exemptions and releases set forth above. You also acknowledge that participation in the Services and submission of User Content are voluntary, that you will not receive any financial compensation of any kind relating to the licenses or exemptions set forth in this Agreement, and that the only consideration for the subject matter of this Agreement is the opportunity to use the Services.

We do not guarantee that any service content will be provided through the service. We reserve the following rights but are not obligated to: (a) any reason without notice to you (including, but not limited to, claims received from third parties or authorities relating to such service content or user content.) or if you are concerned that you may have violated such content, remove, edit, or unprovoked service or user content at our sole discretion; (b) Remove or block service content or user content from the service.

Copyright or trademark complaints: Charis Fund respects the intellectual property of others, and we ask users to do the same. If you believe that a work has been reproduced in a way that constitutes a copyright infringement or that your intellectual property rights have been infringed, you must notify Charis Fund of the infringement claim in accordance with the procedures set out below.

Charis Fund will process and investigate notices of infringement and take appropriate action, trademark infringement and other applicable intellectual property laws against infringement or actual violation. Notification of claimed infringement should be emailed to Charis Fund’s email at info@missionfund.net. You can also contact us by post at

Charis Fund
PO Box 1264
Dickson ACT 2602
Australia

A notice must be in writing and contain the following information for validation:

• Electronic or physical signature of a person authorised to act on behalf of the owner of a copyright or other intellectual property;
• description of works, trademarks or other intellectual property claimed to have been infringed;
• sufficient details to be found in the material on the service, with an explanation of where the material you claim to be infringing is on the service;
• Your address, phone number, and email address;
• a belief that controversial use is not authorised by copyright, trademark or intellectual property owner, its agent, or law;
• a statement that, under penalty of perjury, you are correct in the above information on the notice and that you are authorised to act on behalf of the copyright or intellectual property owner or the copyright or intellectual property owner.

Third-party websites/services

A service or third party may provide or facilitate links, tools, widgets, or other functions to access other sites, services, and resources provided by third parties. Charis Fund has no control over the products, services or contents provided by or through these third-party resources or any third-party business practices providing such third-party resources, and the Charis Fund is not responsible for or guarantees such third-party resources or products or services. You acknowledge that Charis Fund is not responsible or liable for the content, function, accuracy, legality, appropriateness or other aspects of these third-party resources. You also acknowledge and agree that Charis Fund will not be liable directly or indirectly for any damage or loss caused or claimed by or in connection with the use or reliance of or reliance on the content, events, goods or services provided through or through such third-party resources. All transactions you enter into with a third party during the use of this Service are between you and a third party and may be subject to additional terms and conditions provided by the third party you agree to use these third party resources.

Rewards and Disengagement

You agree to release, indemnify and retain any loss, damage, expenses, moving and expenses, including reasonable legal fees, expenses, fines, damages, damages, rights, claims, and any act of injury (including death) in connection with you. Service use, donation or fundraising events, user content, connection with services, breach of these Terms of Service, or infringement of other people’s rights. You agree that Charis Fund has the right to perform its own defence of the claim at its discretion and covers Charis Fund’s costs of defence (including but not limited to legal fees).

Reject Warranty

You are solely responsible for using the service. Services are provided “as-is” available. Charis Fund and its affiliates expressly disclaim and exclude any kind of warranty, fitness for a particular purpose, title and non-infringement, conditions and indications, including but not limited to express, implied or legal warranties.

# Charis Fund and its affiliates provide no warranty or conditions for: (1) Services meet customer requirements; (2) Service delivered in a timely, secure or error-free manner without disruption; (3) Results from using the service; (4) Quality of products, services, information, or other materials purchased or acquired through services.

Limitation of Liability

You expressly understand and agree that the Charity Fund or its affiliates are not liable for anything, as far as applicable legislation allows: (1) Indirect, incidental, special, consequential, punitive or exemplary damages; (2) compensation for loss of profit;, (3) compensation for loss of goodwill;, (4) compensation for loss of use; (5) Data loss or corruption; (6) Contracts, tort, negligence, severe liability or other intangible losses based on: (A) Enabling or Disabling Services; (B) Costs of procurement of alternative goods and services arising from messages or transactions concluded through data, information or or services during the collection of contributions; (C) All donation-related activities and revelations provided through the service; (D) Unauthorised access or changes to transmission or data; (E) Third Party Statements or Actions on Services; (F) Other service related issues. To the extent permitted by applicable law, in no event shall the total liability for any damage, loss (including contract, negligence, legal liability or other cause of action) of the Fund exceed (6). (6) 100 Australian Dollar (AUD $100) if it lasts more than 30 days.

Conflict

Arbitration provisions and class action exemptions – important – affect legal rights, so please review them.

arbitration; exemption from proxy (group) action. You agree to arbitrate any dispute (whether such dispute includes any third party) between you and us or our officers, directors or employees in relation to our relationship with us without limitation to these Terms of Service and privacy and rights. The dispute is settled by binding individual arbitration and you and we hereby expressly waive the jury’s trial. The right to find and appeal in arbitration is generally more limited than in litigation, and other rights that you and we may have in court may not be provided in arbitration. You understand and agree that by entering into these Terms, you and we waive the right to participate in a trial or class action by a jury.

Notwithstanding the foregoing, nothing in these Terms of Service shall be deemed to waive, exclude or restrict the rights of the parties to: (1) bring an individual case to the court of law; (2) If enforcement action can be taken through the appropriate federal, state or local authority, the action will be pursued; (3) a court-ordered rescue; (4) Litigation to Court to Solve Intellectual Property Infringement Claims

Process. Any arbitration between you and us will be resolved.

The party applying for arbitration must first send written notice of the dispute to the other party via certified mail, or e-mail only if the other party has not provided a physical address at this time. Address: Charis Fund. Gate 2 Randwick Rd Lyneham ACT 2602. An arbitration notice shall meet the following: (1) Description of the nature and rationale of the argument or dispute; (2) Present concrete relief. You agree to work with us in good faith to resolve the claim directly, but if the arbitration notice is not successful within 60 days of receipt of the arbitration notice, you or we may initiate the arbitration process. All arbitration proceedings between the parties shall be kept confidential unless otherwise agreed in writing by the parties. During arbitration, the amount proposed for reconciliation shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and ruling (if any). If the arbitrator awards you an amount more than the last written settlement amount, we provided for the settlement of the dispute prior to the judgment, we will pay you a higher amount of the amount awarded by the arbitrator.

vicarious action. You agree that each person may, in your personal capacity or only in his/her personal capacity, file the maximum legally permitted claim against the other party and is not possible as a plaintiff or a member of the representative (group) in any alleged agency or agency proceedings. Furthermore, unless you and we agree otherwise, the arbitrator may not incorporate more than one claim or preside over any form of representative or representative (collective) proceedings.

Amendments to this Arbitration Clause: If we make any future changes to this arbitration clause other than to change our address for the arbitration notice, you may refuse to change it by sending a written notice within 30 days of the change to our address for the arbitration notice. In this case, your account will be terminated immediately, and the effect of this arbitration clause will remain intact.

Enforceability: If this Dispute Section is found to be unenforceable, the entire Dispute Section shall be void, in which case the Parties agree that the exclusive jurisdiction and location described in the General Section below shall control all actions arising from or relating to these Terms of Service.

Confidentiality: We all agree that arbitration proceedings, all information exchanged between us, and all agreements are confidential, unless otherwise required by law or by law enforcement, courts, or government agencies. However, we can disclose these issues to individual accountants, auditors, and insurance providers.

Termination

You agree that Charis Fund may, at its sole discretion, suspend or terminate access to your account (or any part thereof) or service, remove and dispose of your content or data at any time or for any reason, without liability to you or any third party for any claim, damage, cost or loss.

User disputes

You are solely responsible for interactions with other users in connection with the Services and Charis Fund is not responsible for this. Charis Fund reserves the right to engage in disputes between you and other service users but is not obligated to do so.

a general situation

These Terms of Service form the full agreement between you and Charis Fund, define your use of the Services, and replace any pre-contract between you and Charis Fund for Services. You may also be subject to additional terms of service that apply when using affiliated or third-party services, third-party content, or third-party software. In connection with any dispute or claim not subject to arbitration as described above, you and Charis Fund agree to submit to the personal and exclusive jurisdiction of state and federal courts located within Australia. Charis Fund’s failure to exercise or enforce the rights or provisions of these Terms of Service is not considered a waiver of such rights or regulations. If the provisions of these Terms of Service are found to be invalid (or otherwise) by the competent court, the Parties agree that the Court should nevertheless endeavour to reflect the wishes of the Parties as they reflect them, and the other provisions of these Terms of Service remain in full effect. You agree that any claim or action arising out of or in connection with this Service or the use of these Terms of Service, irrespective of contrary laws or laws, shall be brought within (1). (1) one year after the cause of such an allegation or lawsuit arises or is prohibited. All notices provided in printed and electronic forms of this Agreement are permitted to the same extent in judicial or administrative proceedings under or in connection with this Agreement and subject to the same terms and conditions as other business documents and records originally generated and maintained in print form. You may not transfer these Terms of Service without the prior written consent of Charis Fund, but Charis Fund may transfer all or part of these Terms of Service without limitation. If we fail to enforce our rights, that does not mean a waiver of those rights. The section title of this Service Description is for convenience only and has no legal or contractual effect. Notifications can be made via email or regular mail. This Service may also notify you of any changes or other changes to this Service Description by displaying a link to the Notice on this Platform. Charis Fund may at any time transfer or delegate our rights or obligations under this Agreement in connection with the merger, acquisition, reorganisation or sale of shares or assets, or by the operation of laws or otherwise. Nothing in these Terms of Service will prevent Charis Fund from complying with the law. Charis Fund is not responsible for delays or non-compliance due to any reasonable cause of God’s actions, war or war threats, terrorist threats, riots, civil authorities’ actions, fires, floods, accidents, health threats determined by WHO, disease control centres, local authorities or health agencies, strikes, or reductions.

Privacy Notice

Charis Fund respects your privacy. For more information, see the Privacy Notice. By using this Service, you agree to collect and use our personal data in accordance with the Services.