Everyday Hero Websites Terms & Conditions of Usage

Everyday Hero provides online fundraising solutions and services to Not for Profit organisations by agreement.

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 Everyday Hero’s (EH’s) relationship with you in relation to this website.

The term “EH” or “us” or “we” refers to the owner of the website, Everyday Hero Pty Ltd, whose registered office is at 293 St Pauls Terrace, Fortitude Valley, Brisbane, QLD, 4006 Australia. The term “You” refers to the user or viewer of our website (“the Site”).

These terms and conditions may be modified at any time and such modification shall be effective immediately upon web posting of the modified terms and conditions. Your continued use of the Everyday Hero Website shall be deemed to be your conclusive acceptance of the modified terms and conditions.

The use of this site is subject to the following terms and conditions of use:

Acceptable use policy

Changes to the Site and services provided:

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

User Conduct

• You must not use the website 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 (including photographs) 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@everydayhero.com;
• You must not use the site to misrepresent your identity or affiliation with any person or organisation;
• You must not use the site to send junk or spam email;
• You must not use the site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter;
• Everyday Hero reserves the right to remove any content from any page without notice at its sole discretion;
• You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of this web site or any other web site;
• You must not to attempt to bypass the network firewall;
• You must not to use any part of this website which you are not authorised to use or devise ways to circumvent security in order to access part of this web 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 this website 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.

Fundraising site policy

It is a condition of use of our website that any person under the age of 16 using our fundraising services be appropriately supervised by an adult. The supervision requirements are as follows:

• Children under the age of 16 using Everyday Hero’s fundraising services must do so under the supervision of an adult
• Children under the age of 12 using Everyday Hero’s fundraising services must do so under the direct supervision of an adult
• Children under the age of 6 using Everyday Hero’s fundraising services must do so under the direct supervision of a parent or guardian

If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at info@everydayhero.com or alternatively telephoning us on +61 (0)7 3257 7784.

Parental Permission for Users under 16

If you are under 16, you need to send us a properly completed Parental Consent Form as soon as you have created your Hero Page, so that we can activate your page as soon as possible. For a copy of the Parental Consent From, click here.

Please send your Parental Consent form by post to:

Fundraising Activities

• It is your responsibility to ensure, prior to commencing a fundraising activity on behalf of a recipient organisation, that the organisation in question has no objection to the nature of the proposed activity.
• Everyday Hero makes no representation or warranty as to the suitability and/or appropriateness of any fundraising activity.
• Everyday Hero expressly reserves the right to suspend a fundraising page in the event that the recipient organisation, in its sole discretion, deems the fundraising activity unsuitable or inappropriate.

Charities and not for profit Organisation Members of Everyday Hero (Recipient Organisations)

• All the charities and not for profit organisations that appear on the fundraising site have entered into a contractual arrangement with EH which enables us to collect fundraising donations made on the site on their behalf. We cannot collect donations without their permission.
• Some charities and not for profit organisations have similar names. It is your responsibility to ensure that the recipient organisation you have selected from the site is your intended recipient organisation.
• In the event that there is a particular recipient organisation for whom you wish to fundraise and which does not appear on our site, you may still build your fundraising page but on completion, your site will not be activated for a period of up to five working days, during which time we will use our best endeavours to contact your recipient organisation of choice and register them as an Everyday Hero member. As soon as we are successful in doing so, we will notify you and your fundraising page will become live so that you can start fundraising.
• In the event that we are unsuccessful in signing up your recipient organisation of choice within a five day period, we will contact you and inform you of this. You may then choose to (i) pick another Everyday Hero member charity for which to raise funds ; or (ii) cancel your fundraising page.

Use of Funds by Recipient Organisations

• Everyday Hero 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.
• Recipient organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where the organisation has expressly stated that funds raised will be applied to a particular project or appeal

Shopping site policy

Everyday Hero does not represent any of its merchants, advertisers or sponsors. Once you start shopping with a third party merchant, you are dealing directly with that merchant and no longer with Everyday Hero. Before you make any transaction or provide any personal information to any third party, it is your responisibility to review that organisation’s terms and conditions, privacy policy and any other terms that you are bound by when using the their services.

Cause Selection

You are at liberty to select any charity or not for profit organisation to benefit from your shopping rebate, subject to approval by EH. EH reserves the right to reject any recipient organisation that does not meet its ethics requirements or which it deems, in its absolute discretion, to be unsuitable.

In the event that EH rejects your selected recipient organisation after completion of a transaction, you will be notified and invited to select an alternative cause to which the rebate generated from your transactions will be applied.

Remission of Funds to Recipient Organisations

The merchants that appear on our website have agreed to rebate a percentage of the price of any purchase that you make to EH. This percentage varies from merchant to merchant, but will be clearly displayed on the EH website. The merchant will remit this rebate to EH within 60 days of the date of your purchase, and EH will remit this to your chosen cause within 30 days of the date of receipt. Payment by EH to your recipient organisation is contingent on receipt of funds from the merchant.

eCard policy

• Use of the E-card facility is restricted to registered Everyday Hero members;
• There is no limit to the number of e-cards that you may send

Copyright policy

• Copyright in the text, images, software, logos, icons, sound recordings and HTML code, content and other copyright material in this website is owned or licensed by EH for use on this website.
• This site contains material which is owned by or licensed to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the site. Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question.
• No other use of material on the site is permitted other than with the express written permission of the copyright holder.
• Unauthorised use of this site may give to a claim for damages and/or be a criminal offence.

security policy

• EH is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How EH uses cookies

• A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
• We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
• Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
• You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

• Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

General policy

Unauthorised Card Use

• You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.

Protecting your Password

• Upon registration with Everyday Hero, you will be invited to create a password to protect your personal account.
• It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party.
• If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately by following the on-Site instructions.
• Please click here to see a copy of our Privacy Policy

Disclaimer and No Liability

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this site meet your specific requirements.
• In no circumstances will we be liable for any loss or damages, whether direct or indirect, arising out of your use of the site and the services provided there or your inability to use them.
• EH shall not be liable to you or any third parties in contract or in tort arising out of, or in connection with, or relating to, the holding or staging of a fundraising appeal or event which has been published on the website or any fact, matter or thing relating to the holding or staging of a fundraising appeal or event (whether negligent or in breach of contract or not).

Breach of Terms and Conditions of use

• In the event of your failure to comply with these Terms and Conditions of use, we reserve the right to immediately suspend your access to any and/all parts of the site and the services provided there without notice and without reference to you.

Validity and Satisfaction of Terms

• EH accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond the EH’s reasonable control.
• If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Jurisdiction

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Queensland, Australia.

Complaints

Any complaint made about EH by either a member of the public or an employee must be referred in the first instance to EH. Such a complaint should be specific and in writing. Upon receipt of a complaint, EH will use its best endeavours to respond to the complaint and resolve any matters arising from it within 7 days. If, following a response from EH, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate state regulatory body as follows:

• ACT Office of Fair Trading – Advice and Complaints Unit
• NSW Department of Gaming and Racing
• QLD Department of Tourism, Trade and Wine Industry Development – Office of Fair Trade
• SA Office of the Liquor and Gambling Commissioner
• TAS Department of Justice – Consumer Affairs and Fair Trading
• VIC Department of Justice and Consumer Affairs
• WA Department of Consumer and Employment Protection

Cole Classic Event Rebate Offer

Everyday Hero will provide a Rebate Offer that will enable Event participants who register for the Event through the Fairfax Event online event registration system and create an online fundraising page through Everyday Hero for the MLSC (“Eligible Participants”) to be eligible for a rebate of their Event registration fee.

Everyday Hero will obtain the agreement of Eligible Participants to the terms and conditions of use of the Event as they appear at http://www.everydayhero.com.au/home/terms_and_conditions

• Everyday Hero will facilitate all communications of the Rebate Offer with Eligible Participants as follows: Eligible Participants who enter the Cole Classic 1km swim and raise AU$200 or more online for MLSC will be eligible for a rebate from MLSC of their entry fee up to a maximum rebate of $35.
• Eligible Participants who enter the Cole Classic 2km swim and raise $200 or more online for MLSC will be eligible for a rebate from MLSC of their entry fee up to a maximum rebate of $35.
• Everyday Hero will determine all Eligible Participants’ entitlement to an entry fee rebate from MLSC
• In order to be entitled to an entry fee rebate, an Eligible Participant must have achieved the fundraising target no later than 6pm on the day of the Event.
• Everyday Hero will notify Eligible Participants of their entitlement to an entry fee rebate from MLSC by email within 7 days of the conclusion of the Event.
• Everyday Hero will ask Eligible Participants entitled to an entry fee rebate whether they wish to claim the rebate or assign it to MLSC.
• If an Eligible Participant chooses to claim the rebate, they will be required to supply Everyday Hero with electronic banking details (BSB, Account Name and Account Number), by email within 7 days. If an Eligible Participant fails to provide these details to Everyday Hero within 7 days, their entitlement to a rebate will expire.
• Rebate monies to Eligible Participants will be paid by Everyday Hero within 45 days of receipt of Eligible Participant’s banking details in writing.