Terms

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Promise or Pay’s (POP’s) relationship with you in relation to this website. The term “POP” or “us” or “we” refers to the owner of the website, Promise or Pay Pty Ltd ACN 165589051 of 16/87 Roscoe Street, Bondi 2026 NSW. The term “you” refers to the user or viewer of our website (“the site”).

POP is the provider of a web application that enables users to engage in “promises” with themselves as a way of facilitating donations to charities.

Changes to the site and service provided

  • The content of the pages of this site is for your general information and use only. It is subject to change without notice;
  • POP will make every effort to ensure that the site and services are constantly operational;
  • POP reserves the right to modify, discontinue or suspend all or part of the site or its services at any time without notice.

Consent to communications

By using the site you understand that POP may send you e-mail communications or data regarding your use of the site, violations of such use, and/or promotional information and materials regarding POP. POP will share your contact information (i.e. name and email address) with your chosen POP charity recipient when you make a donation so that they can contact you. If you do not wish to have your information shared in this way, please e-mail us anytime at info@promiseorpay.com Please note that changes to your preferences may not be effective immediately and will only be effective prospectively.

Payment of fees

If you decide to make a donation to (‘pay’) a charity, POP will deduct a 10% service fee from each gross donation. Additional to this service fee, Stripe facilitates the movement of your funds and will charge a small payment-processing fee for doing so, which is also deducted from the gross donation. You are solely and exclusively responsible for payment of these fees. POP will transfer your funds to each designated charity on the last day of the month.

You will not be charges any fees other than those described in this section.

POP reserves the right to change the fees and/or to institute new changes at any time, upon prior notice to you.

Refunds policy

Once you submit a donation to charity through POP, such payment is non-refundable.

Issuing receipts

Once your donation has been processed by Stripe, POP will provide all donors with an immediate acknowledgement by email of the acceptance of their payment.

Tax deductible receipts

POP is not qualified to offer tax advice on the deductibility of donations made by a donor. You should obtain independent tax advice about the deductibility of your donation. However, some charities whose behalf we collect donations for have represented to us that they have tax deductible status and have authorised us to issue receipts on their behalf on this basis. You will only be issued with a tax deductible receipt for those charities that have tax deductible status. For these you will be issued with a tax deductible receipt on or before the last day of June 2014.

Privacy

POP has established a Privacy Policy to explain to users how their information is collected and used. Your use of the site signifies your acceptance of the Privacy Policy.

By registering to use the site, you grant POP a worldwide, royalty-free, non-exclusive and irrevocable, license to store, copy, provide and display any content you provide in accordance with POP’s Privacy Policy. For example, POP may publicly share, display or post your promise. You continue to retain all ownership rights in such content and you remain solely responsible for such content and any material or information submitted to the site. POP shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content input by users, and may remove any content that is inappropriate or that potentially infringes on the intellectual property rights of another party or violates these terms of use or the law. You acknowledge and agree that POP shall not assume or have any liability for any action or inaction by POP with respect to any data material, content or input entered by you into the site.

User conduct

You agree that you will not use the site in any way that violated application federal, state, local or international law, or for any unlawful purpose. POP reserves the right to terminate your access to and use of the site if, in its sole discretion, your conduct violates any of the following prohibitions:

  • You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the site or POP’s computer systetms and network;
  • You may not attampt to interfere with any other person’s or organisation’s use of the site;
  • You may not misrepresent your identity or impersonate any person;
  • You may not attampt to gain access to any account, computers or networks related to the site without authorization;
  • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by POP in connection with the site;
  • You agree that you will use this site safely and responsibility and that you will not make any promise that calls for behaviour that is unsafe or illegal. POP will bear no liability for any loss, damage, injury, harm or death resulting from dangerous, illegal or irresponsible promises;
  • You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way;
  • You must ensure that any content you upload onto the site is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it;
  • In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing info@promiseorpay.com;You must not to attempt to bypass the network firewall;
  • You must not to use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;
  • You must not to use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.

Relationship with charities

POP is a provider of a web application technology. It does not solicit funds for charity or advise charities with respect to fundraising activities. POP receives no payment from any charitable organisation for any activity related to fundraising or otherwise. POP is not a professional fundraiser or solicitor, a professional fundraising consultant or a commercial co-venturer, and you agree that you will not characterise. it as such for any purpose.

All the charities that appear on the fundraising site have entered into a contractual arrangement with Promise or Pay which enables us to collect fundraising donations made on the site on their behalf – we cannot collect donations without their permission.

Promise or Pay makes no representations or warranties in relation to the appropriate use by recipient organisations of funds raised by use of the site or the services provided.

You are free to select any charity on POP’s charity list to donate to, or suggest a new one to be added to the list. POP does not recommend any one charity over the others.

Intellectual Property

POP is the exclusive owner of all right, title and interest in the site software and content. You are granted a limited, non-exclusive, non-transferable, revocable license to access the site in strict accordance with this agreement solely for the purpose of engaging in promises and encouraging and making donations. The foregoing limited license shall not be construed as conferring any right to any copyright or other intellectual property right in the site software or content

Digital Millennium Copyright Act

Pop expressly prohibits the use of the site for the illegal transmission of copyrighted material, and will respond if notified by content owners to prevent copyrighted material from being transmitted via the site. In addition, POP may disable individual accounts if these accounts are found to be illegally transferring copyrighted material. For these purposes, and for the purposes of submitting any complaints or claims with respect to the site, POP can be reached at info@promiseorpay.com.

No warranties

Pop is in no way liable for the loss of user data. By using the site you acknowledge and agree that you will not hold POP accountable for any technical errors, including loss of user files. POP provides the site and its services ‘as is’, ‘with all faults’ and ‘as available’ and the entire risk as to the satisfactory quality and its officers, directors, shareholders, and affiliates make no representations or warranties, express or implied. POP disclaims any and all warranties, statutory and implies, including without limitation:

  • Warranties or conditions of merchantability, fitness for a particular purpose, accuracy, and non-infringement
  • Warranties or conditions arising through course of dealing or usage of trade, and
  • Warranties or conditions that access to or use of the site will be uninterrupted or error-free.

Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above might not apply to you.

Limitation of liability

In no event will POP be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the site. Even if POP have been advised of the possibility of such damages. If you are dissatisfied with the site for any reason including but not limited to loss of data or damage to your cell phone or computer, or if you do not agree with any part of this agreement or POP’s privacy policy, or you have any other dispute or claim with or against POP or the site, then your sole and exclusive remedy is to discontinue using the site.

In the event that, notwithstanding the foregoing disclaimers and limitations, POP is found responsible for any user for any reason whatsoever, POP’s responsibility shall not include punitive damages or consequential or resulting damages of any nature.

Indemnification

You agree to indemnify, defend and hold harmless, POP, its officers, directors, shareholders and affiliates, to, from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from your use of the site or from any violation of this agreement by you.

Termination

POP reserves the right to terminate your account or use of the site with or without cause or notice, in its sole discretion. You may terminate your user account upon notice to POP at any time. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership, provisions, warranty disclaimers, indemnity and limitations of liability.

Miscellaneous

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to application law, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely mates the intent of the original provision, and the remainder of the agreement shall continue in effect.

The failure of POP to exercise or enforce any right to provision of the terms and conditions shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these terms of use and or your use of the site.

Both parties agree that the Terms and Conditions is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms of use.

 

Get Our Awesome Newsletter

Get FREE updates and exclusive content on the latest Promise or Pay campaigns and news. We promise not to spam your inbox!