Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MACQUARIE UNIVERSITY’S IGNITE CROWDFUNDING WEBSITE

Terms and Conditions

1. Overview and Acceptance of the Terms

This website (the “Site”) is operated by Macquarie University ABN 90 952 801 237. Throughout this Site, the terms “we”, “us” and “our” refer to Macquarie University. Macquarie University is an Australian public research university located at Balaclava Road, Macquarie University, North Ryde, New South Wales 2109 Australia with Australian Business Number (ABN) 90 952 801 237. Macquarie University is registered as a charity in Australia with the Charities and Not for Profit Commission, as well as being a deductible gift recipient for Australian income tax purposes.

Your use of the Site and the products and services offered and supplied via this Site (referred to collectively as the “Services”), whether as a guest or a registered user, is subject to these terms and conditions (the “Terms”), which are effective and binding between you and us. Use of the Site includes accessing, browsing, or registering to use this Site.

Please take the time to read these terms and conditions carefully before you start to use this Site, and consider printing a copy of them, or saving them to your computer, for future reference.

By accessing or using any part of this Site, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you must not continue to use or access this Site or otherwise use any of the Services.

The Services are offered subject to your acceptance of the Terms (which also incorporate the Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on this Site by us, each of which is incorporated by reference and each of which may be updated by Macquarie University from time to time without notice to you). Any use by you of any of the Services will constitute acceptance by you of the Terms from that point onwards.

These Terms, (together with our Privacy Policy, any request by you to register as a user of the Site, and any other terms relating to fees or other matters which are agreed to in writing by you and us), constitute the whole agreement between you and us (the “Agreement”). If there is any inconsistency or conflict between the Terms, our Privacy Policy, your request to register as a user of the Site, and/or any other terms relating to fees or other matters which are agreed to in writing by you and Macquarie University, the Terms shall have priority.

Our Site is provided by a third party service provider, Sponsorcraft Ltd, on our behalf. These Terms only operate between you and us. Sponsorcraft Ltd has no contractual relationship with you, except in relation to any third party rights which Sponsorcraft Ltd may enforce under these Terms.

2. Some definitions

The term:

  • “Content” means any content, including (but not limited to) videos, audio clips, text, software, pictures and other features and information which we have made available as part of the Services, including content which you have uploaded to the Site in accordance with the Terms.
  • “Creator” means any person who is involved in the creation, inception and implementation of a Project;
  • “Project” means any Project approved by Macquarie University and posted on Macquarie University’s website;
  • “Services” has the meaning provided in clause 1 of these Terms;
  • “Sponsor” means any organisation or individual contributing financially to a Project;
  • “Terms” means these terms and conditions;
  • “you” and “your” means, unless the context indicates otherwise, any user of the Site and/or the Services, (including any such user who is a Creator or as Sponsor).

3. Use of the Services, Sponsorship and Registration of Projects

The Services and this Site are available for use only by individuals who are at least 18 years old. You represent and warrant that you are of legal age to form a binding contract, and that all registration information you submit is truthful and correct.

We reserve the right to: (a) refuse the Services to anyone at any time without notice and for any reason; and (b) change our eligibility criteria for use of the Services at any time without notice and for any reason. You may not use the Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with us; (b) you are not normally resident in Australia or the country from which you use the Services; or (c) you are a person not allowed to receive or use the Services under the laws that apply in New South Wales, Australia or any other jurisdictions (including the country, state or territory in which you are resident or from which you use the Services).

For the steps you need to take to register your Project or to pledge sponsorship money to a Project (and become a Sponsor of that Project) with Macquarie University, please see /faq/about/.

4. Changes to the Services and Terms

We reserve the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that we may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.

5. Your Conduct and Use of the Site and Services

You agree to use the Site and all Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are providedsolely for your use in relation to a Project or Projects as the case may be. You are responsible for all of your activity in connection with the Services.

You must not take any action in relation to your use of the Services which:

  • infringes any patent, trade mark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
  • is false, misleading or inaccurate;
  • is obscene, offensive, or unlawful in any way;
  • constitutes spam, junk mail or advertising which has not been authorised in writing by us; results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or impersonates any person or entity, including any employee or representative of us.

Additionally, you agree not to:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on Sponsorcraft Ltd’s infrastructure;
  • engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking the Site via a denial-of-service attack or a distributed denial-of service attack;
  • access (or attempt to access) any of the Services by any means other than through the interface that is provided by us via Sponsorcraft Ltd, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and agree not to run any form of spam or auto-responder on the Services.

We do not guarantee that any Content will be made available on or through the Services. We have no obligation to monitor the Services or content, however we reserve the right to remove, edit or modify any Content in our sole discretion from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms).

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

6. Creation of Creator Accounts and Registration as a Creator

In order to use parts of the Services as a Creator, you may be required to register with us and select a password and “user name”. You must not:

  • create or use as a user name the name of another person without their express permission and/or with the intention of impersonating that person;
  • use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
  • use as a user name a name which is offensive or inflammatory as deemed by us in our sole discretion.

We reserve the right to refuse registration of or to cancel a user name in our sole discretion and to disable any user name or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another Creator’s Account without that other Creator’s express permission.

You agree:

  • that you are solely responsible for all activities that occur under your Creator’s Account;
  • and understand that you are responsible for maintaining the confidentiality of passwords associated with any Creator’s Account you use to access the Services and must not disclose this information to any third party;
  • that if you become aware of any unauthorised use of your password or of your Creator’s Account, you will notify us immediately by email to community@mq.edu.au

We (and Sponsorcraft Ltd on our behalf) reserve the right to refuse registration of or to cancel a Creator’s user name in our sole discretion.

7. Interactions between Sponsors and Creators, Performance of Projects and Disputes

We will not be liable for the interactions of Sponsors and Creators with any other Sponsors and Creators and any organisations or individuals found on or through the Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Site.

We do not exercise control over the timing or performance of Projects in any way; do not warrant that Sponsors’ pledges will be used for any particular purpose; and are not responsible for any dissatisfaction Sponsors may have regarding the use by Creators of Sponsors’ pledges, including any misuse of Sponsors’ pledges.

We are not responsible for any damage or loss incurred as a result of any such dealings in relation to the Projects or otherwise. All dealings are solely a matter between Sponsors and Creators with each other and with such organisations and/or individuals as the case may be.

We are under no obligation to become involved in disputes between Sponsors and Creators, or between Sponsors, Creators and any third party. In the event of a dispute, Sponsors and Creators agree not to pursue us, our officers, employees,agents, Sponsorcraft Ltd or successors in relation to any claims arising out of or related to such disputes and agree that we and our officers, employees, agents, Sponsorcraft Ltd and successors are exempt from, and not subject to, such claims.

Creators are solely responsible for fulfilling obligations both implied and stated in any Project they create. Macquarie University reserves the right to remove a Project from the Services and cancel all associated Sponsors' pledges at any time for any reason. Creators may initiate refunds at their own discretion. Neither Macquarie University nor Sponsorcraft Ltd is responsible for issuing refunds for funds that have been collected by Creators.

We reserve the right to decline gifts that might damage our brand and reputation.

8. Payment and Fees

All funds provided by Sponsors for a particular Creator’s Project will be collected from those Sponsors via PayPal and will be used and applied only to that Project. Neither we nor Sponsorcraft Ltd are responsible for the performance or fairness of PayPal, and neither we nor Sponsorcraft Ltd are responsible for any PayPal fees.

Given the occasional failures of some credit cards, neither we nor Sponsorcraft Ltd can guarantee to Creators the full receipt and availability for their particular Project of all the funds that Sponsors pledge to provide to that Project.

Not later than 3 weeks after PayPal release to us all funds provided by Sponsors for a particular Project (which will occur once the target funding for that Project has been achieved), we will make those funds available to be used, disbursed and applied for that Project by its Creators. Macquarie University’s normal prudential practices and procedures will be applied to the use, disbursement and application of those funds for that Project.

Sponsorcraft Ltd does not charge processing fees for Projects listed on the Site.

If a particular Project does not reach its funding target, (and as a result does not proceed), funds pledged by Sponsors to that Project will not be processed by PayPal and no fees will be charged by either Sponsorcraft or PayPal.

The PayPal fee for processing donations pledged to a Project that reaches its funding target is dependent on the size of donations and may change over time.

9. PayPal Adaptive Payments & Chargeback Policy

The possibility of chargebacks to a Creator's account is very unlikely. However, in the event that PayPal or any other relevant entity such as a court of law deems that a chargeback is necessary, the Creator will provide all assistance reasonably requested by us in dealing with PayPal to ensure the issue is resolved.

For more information, please see PayPal's Adaptive Payments section on PayPal's website.

10. Third party services and websites

The Services may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that we are not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk.

Your use of any other services or websites which are similar to the Services and which are provided by a third party (including any third party services or websites which this Site links to), are subject to the legal terms which govern usage of those other services and websites, and we have no responsibility whatsoever for such usage.

11. Linking on the site

The fact that we provide links to certain third party websites does not in any way constitute endorsement of, or association with, those websites by us. Furthermore, you acknowledge and agree that Macquarie University shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.

You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice. The website to which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of Content on the Site other than that set out above, please contact community@mq.edu.au.

12. Content

You acknowledge that all Content which you may have access to as part of, or through your use of, the Site and the Services is the sole responsibility of the person from whom such Content originated.

You should be aware that Content presented to you as part of the Site and Services may be protected by intellectual property rights which are owned by those who provide Content to us (or by other persons or companies on their behalf). You must not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by us or by the owners of that Content, in a separate agreement.

We reserve the right (but have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Site or Services.

You understand that by using the Site and Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Site and Services at your own risk.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Site and Services and for the consequences of your actions (including any loss or damage which Sponsorcraft Ltd may suffer) by doing so. In particular, we will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution complies with the Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage which we suffer as a result of your breach of warranty.

No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of Content on the Site.

The views expressed by other users on the Site do not necessarily represent our views or values.

13. Licence from Macquarie University

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Content provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use the Site and Services as provided by us, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from us.

You must not (and you must not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by us in writing.

Unless we have given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.

14. Content licence from you

The following provisions of this clause apply where Content does not belong to us:

  • You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Site and Services. By submitting, posting or displaying the Content you give Macquarie University a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Site and Services. This licence is for the sole purpose of enabling Macquarie University to display, distribute and promote the Site and Services.
  • You understand that in performing the required technical steps to provide the Site and Services to our users, we may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit us to take these actions.
  • You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence. Other than the limited licence set out above, we acknowledge and agree that we obtain no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Site and Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with us , you agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.

15. Copyright issues

You must not reproduce our trademarks, logos or other intellectual property without our express written permission. It is our policy to respond to notices of alleged copyright infringement in relation to the Site and the Services that comply with applicable international intellectual property law. We may terminate the rights of any Creator (or any other person who uses this Site and the Services) to use this Site and the Services if we form the view that they are infringing the copyright of any other person. If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us either by post to do so by contacting us either by post to, or by email to community@mq.edu.au.

16. Intellectual Property Rights

If you are a Creator, you agree to us (and our permitted agents and subcontractors) doing the following in connection with the provision of the Services:

  • using and performing the Services on your behalf (including but not limited to displaying, utilising and promoting the Content together with any other such information as is required in order for the Services to function effectively);
  • allowing others to utilise the Content as part of the Services; and
  • publishing, and permitting others to publish, the name(s), trademarks, and details of you and the other Creators involved in your Projects.

You hereby agree to us using, and displaying as appropriate your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.

17. Termination of Creators Accounts

If you are a Creator, we reserve the right to terminate your Creator’s Account or restrict your access to all or any part of the Services at any time without notice or cause. Any such termination and/or restriction will be effective immediately, and you acknowledge and accept that this may result in the forfeiture and destruction of all information and/or Content associated with your Creator’s Account. If you wish to terminate your Creator’s Account at any time, please contact us by email at community@mq.edu.au and we will take all reasonable steps to effect the termination of your Creator’s Account, and remove your information and Content from the Site, as soon as reasonably possible.

18. Warranty Discaimer

You agree and acknowledge that we have no special relationship with or fiduciary duty to you in relation to your use of the Site and the Services.

You acknowledge that Sponsorcraft Ltd cannot control, nor has it any obligation to act in relation to:

  • the way in which you utilise the Content;
  • what Content you access via the Site;
  • the impact the Content may or may not have on you;
  • which users gains access to the Site; or
  • what actions you may take as a result of having been exposed to the Content.

You agree that we are not liable for you having acquired or not acquired Content through the Site. We do not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. Except to the extent that the Australian Consumer Law (and any other applicable laws which cannot be excluded) provide otherwise:

  • • we will not be liable to you if for any reason the Site is unavailable at any time or for any period;
  • the Site and Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed;
  • no warranties are made that:
    1. the Services will be secure or available at any particular time or location;
    2. the Site, or any Content on it, will be free from errors or omissions;
    3. the Content on the Site is accurate, complete or up-to-date;
    4. any defects or errors will be corrected;
    5. any Content or software available at or through the Services is free of viruses or other harmful components; or
    6. the results of using the Services will meet your requirements.

Your use of the Site and Services is solely at your own risk.

19. Indemnification

If

  • any action you take in relation to the Site (including the Content) and Services constitutes an infringement by you (or by anyone else who uses your Creator’s Account) of any intellectual property rights whatsoever, or constitutes defamation or the abuse of the privacy of another Creator or Sponsor or other user of the Site or Services; or
  • you are a Creator and you fail to make any refund which should be made resulting in us or Sponsorcraft Ltd suffering reputational or other damage,and such action gives rise to any claims, liabilities and expenses being made against, suffered or incurred by us, our employees and officers, Sponsorcraft Ltd and all other parties associated with us:
  • you will defend, indemnify and release us, our employees and officers, Sponsorcraft Ltd and all other parties associated with us from such claims, liabilities and expenses; and
  • you will be responsible for any loss or damage which we suffer as a result of any such action.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you will assist and cooperate fully with Macquarie University in asserting any available defences.

20. Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable New South Wales and Australian law.

Whether you are a Creator or a Sponsor, you agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in relation to your use or attempted use of the Site and Services.

We are not responsible for any loss or damage that is not foreseeable. For the purpose of these Terms, loss or damage is foreseeable if it was an obvious consequence of our breach of the Terms or if it was contemplated by you and us at the time we entered into this Agreement.

We will not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site or Services;
  • use of or reliance on any Content displayed on the Site;
  • data loss, cost of procurement of substitute goods or services, consequential damages of any kind whatsoever, substitute goods or services (however arising) arising as a result of any use or attempted use by you of the Site or Services; or
  • a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.

21. Electronic notification policy

By using the Services as a Creator or Sponsor, you consent to receiving from Macquarie University electronic communications (including notices, agreements, legally required disclosures or other information) in connection with the Services and any relevant Projects (collectively, “Contract Notices”).

In addition, we reserve the right to contact Creators by telephone should a problem arise with their Project.

We may provide Contract Notices by posting them on the Site. If you wish to withdraw your consent to receive Contract Notices, you must discontinue your use of both the Site and the Services.

22. Creators and Registration of Projects

If you are a Creator, you acknowledge and agree that we act as an intermediary between you and Sponsors and other users of the Site.

No Project will be appear on the Site unless it has first been approved and registered by us. We may approve or reject a proposed Project in our absolute discretion.

If you are a Creator of a Project that you register with us, you represent, warrant and undertake and acknowledge to Macquarie University and all users of the Site that:

  • you are 18 years of age or older;
  • you are the person with ultimate responsibility for the Project (or are otherwise acting with the express authority of that person);
  • you will obtain, maintain and renew (as applicable) any necessary approval, authority, consent, licence or any other permissions in relation to your use of the Services to achieve funding for the Project and comply with all applicable laws;
  • all Sponsor pledges and funds will only be released to you by Macquarie University and may only be applied in a manner consistent with Macquarie University’s expenditure approval and audit processes, guidelines and policies;
  • you will apply all Sponsor pledges received in accordance with the Project’s stated aims;
  • you will not offer securities/financial instruments in return for Sponsor pledges; and
  • you will not misuse any Sponsor pledges, including not using any monies pledged for purposes which are not stated aims of the Project.

23. Privacy

We will comply with our Privacy Collection Notice and our Privacy Policy in relation to the collection, use and disclosure of any Personal Information that you provide to us.

24. Contacting You

You agree that we may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on or through the Site and the Services.

25. Inquiries and Complaints and Contacting Us in Writing

If you wish to communicate with us in writing (including if you wish to make an inquiry or complaint in writing), you may do so:

  • by sending an e-mail to:community@mq.edu.au, or
  • by pre-paid post to: University Privacy Officer, Macquarie University NSW 2109.

26. Governing Law

The Terms, and your relationship with Macquarie University under the Terms (including the subject-matter of the Terms and the formation of the Agreement), are governed by the laws of New South Wales and the Commonwealth of Australia. The courts of New South Wales and the Commonwealth of Australia will have non-exclusive jurisdiction to resolve any dispute arising out of, or in relation to these Terms, the Agreement and your use or attempted use of the Site and the Services.

Effective Date: 16th July 2018