Our Policies

PARTY4PURPOSE – WEBSITE TERMS AND CONDITIONS OF USE

YOU SHOULD BE AWARE OF SEVERAL KEY TERMS

These Terms, including any additional terms, form an agreement between you and Party4Purpose (P4P). These Terms apply to use of the Website (including any Services provided through or functionality on the Website). In this summary we outline some of the key terms that apply to you. This summary is designed to assist you by disclosing certain key terms that may affect you. However, it is not a substitute for reading and understanding these Terms, and it is not intended to substitute, expand or amend these Terms. Please contact us if you have any questions.

Limitations of our liability 

Our liability to you and certain third parties is limited under the Terms (to the extent permitted by law and subject to the Australian Consumer Law) and our liability for certain types of Loss is excluded. These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your use of the Website (including any Services provided through or functionality on the Website), except where the Australian Consumer Law prohibits us from limiting or excluding our liability.

Your liability and warranties 

Your access to, and use of, the Website (including any Services provided through or functionality on the Website) is at your own risk. Among your other obligations under the Terms, you will be responsible and liable for: (a) use of the Website by any person who has access to your login details and password; (b) internet access, data download and other network charges arising from your use of the Website; and (c) the operation, maintenance and security of your Device.  

Your information and data

We may collect and disclose Personal Information and other data relating to you from your use of the Website and the Services to enable us to make the Website available to you, and improve the Services and user experience in relation to the Website and the Services, in accordance with these Terms, our Privacy Policy and applicable laws. Please see clause 14 (Privacy) in the Terms below for more information.

Terminated, suspended, blocked or modified access to the Website

We may decide to terminate, suspend, block or modify your access to the Website, your Account and/or any Services (which we may do, for example, where you breach these Terms, for security reasons or where any User-Generated Content you make available on the Website is considered by us to be illegal or inappropriate). We may request that you cease any conduct which is contrary to these Terms and it is your obligation to immediately comply with these requests.  

Amendment of Terms 

We reserve the right to review and amend any of these Terms from time to time, and will provide you with 90 days’ advance notice of the amendments unless you agree to accept the amended terms earlier, such as when establishing a new account or making a payment of Guest Funds.

No Refunds of Guest Funds

Guest contributions are non-refundable, except where required by law or if amounts are incorrectly calculated or charged.

P4P Commission 

The P4P Commission is fixed at the time an Event Profile is created and applies to all Guest contributions to that Event Profile. Any changes to the commission rate apply only to future Event Profiles.

Host Responsibilities

Hosts must provide accurate bank account details when creating an Event Profile. If incorrect details are provided and not corrected, the Host Portion may be transferred to an incorrect account and may not be recoverable.     .

Event Profile Closure and Claim Period

Hosts must close their Event Profile within 8 weeks of the event date. If not closed, P4P may either:

a) close the Event Profile and transfer the Donated Portion to the Selected Charity and the Host Portion to the bank account nominated by the Host; or

b) if invalid or no bank details have been provided for the Host, close the Event Profile, transfer the Donated Portion to the Selected Charity and retain the Host Portion in a Holding Account for 12 months (the Claim Period), during which the Host may claim it.

If unclaimed after the Claim Period, P4P may deduct an administrative fee and transfer the remaining amount to the Selected Charity. The Host will have no further right to recover the Host Portion after this period.

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1. ABOUT THE WEBSITE

(a) These Terms and Conditions (Terms) apply to your use of the website known as ‘Party4Purpose’ which can be found at www.party4purpose.com.au (the Website) and is operated by Party4Purpose Pty Ltd (ABN 54 682 877 032) (P4P, we, us, our).  

(b) The Website facilitates the giving of monetary gifts and charitable donations in relation to events.

(c) Through the Website:

    (i) a Registered User of the Website hosting an event (the Host) may create an Event Profile to use in relation to that event, in which case the Host will need to: 

          (A) select a Selected Charity for the Event Profile from among the Participating Charities; and

          (B) determine what percentages of the Guest Funds received through the Event Profile are to be provided to the Selected Charity (the Donated Portion) and the Host (the Host Portion),

in accordance with clause 4 below.

    (ii) the Host may then circulate the Event Profile to Guests in order to invite them to attend the relevant event and request them to make a contribution of Guest Funds for that event through the Event Profile; 

    (iii) the Guests may then RSVP to the relevant event and choose to make a contribution of Guest Funds to the relevant event through the Event Profile (using one of the supported Payment Providers in accordance with clause 5.1 below); and

    (iv) any Guest Funds received through an Event Profile will be held in P4P’s Holding Account until the Event Profile has been ‘closed’ and, subject to these Terms, when the Host ‘closes’ the Event Profile, P4P will distribute those Guest Funds to the Selected Charity (for the Donated Portion) and the Host (for any remaining Host Portion) in accordance with the rules set out in clause 5.2 below.

(d) The aim of the Website is to:

     (i) support the public benefit work of Participating Charities to which donations are facilitated through the Website; 

     (ii) change the culture of gifting to be more socially and environmentally aware;

    (iii) address the impacts of consumerism by decreasing physical gifts, improving the experience of giving and receiving, and channelling generosity into impactful charitable contributions; and

    (iv) work to benefit the environment through reducing waste.

(e) P4P has agreed to make the Website available for use by:

    (i) Hosts to create Event Profiles for their events, circulate those Event Profiles to Guests to invite them to those events and request them to make monetary contributions and charitable donations in relation to those events;

    (ii) Guests to enable them to give Guest Funds for the relevant events through the Event Profiles circulated by the Hosts; and

    (iii) Participating Charities to enable them to receive a Donated Portion from the Guest Funds given by Guests through an Event Profile,

(collectively, the Services).

(f) Please read these Terms carefully. These Terms apply to all users of this Website, including (but not limited to) Hosts, Guests, Participating Charities, contributors of User-Generated Content or any other users who access the Website or use or interact with the Services (collectively, you or your). By selecting ‘Accept’ (or checking a box indicating acceptance), either prior to creating an Account or submitting a payment, Hosts and Guests agree to be bound by these Terms. For all other users of this Website (including Guests who have not created an Account), by using, browsing, and/or accessing the Website or using the Services, you agree to be bound by these Terms and, if you do not agree to these Terms, then you must cease accessing and using the Website, or any of the Services, immediately. 

(g) We reserve the right to review and amend any of these Terms from time to time.  If we do so: 

    (i) we may ask you to indicate your acceptance of the updated Terms before establishing a new Account or making a payment of Guest Funds, as a condition to undertaking that transaction with us (and if so, you will be bound by the updated Terms from the date you provide your acceptance); or

    (ii) otherwise, we will provide you with 90 days’ advance notice of the amendments, by: 

          (A) if you have provided an email address to us through the Website, sending an email to that address notifying you about the updated Terms; or

          (B) otherwise, posting an updated version of the updated Terms on the Website, at least 90 days before the amendments are due to take effect, 

(and if so, you will be bound by the updated Terms at the end of that notice period or the later date we specify in the email or on the Website, as applicable).

(h) If you do not agree to the updated Terms, you must immediately cease using the Website and the Services, and terminate your Account as outlined under clause 3. Your use of the Website and the Services before the updated Terms come into effect will continue to be governed by the version of these Terms that applied at the relevant time. 

(i) We are not a broker, charity or payment processor. This Website does not solicit charitable donations. We do not control or endorse any Host, Guest, Participating Charity or event.

(j) Before you continue, we recommend that you download and keep a copy of the Terms for your records and check the Terms regularly for any updates. 

(k) Unless the context requires otherwise, any capitalised terms used in these Terms are defined in clause 21.1 (Defined Terms) at the end of this document. 

2. REGISTERING TO USE THE WEBSITE 

(a) Before you are able to use certain functionality of the Website and the Services (including being able to create an Event Profile as a Host on the Website), you will need to register for an account on the Website (Account). 

(b) In order to create an Account, you must: 

    (i) provide complete and accurate information about yourself;

    (ii) be of legal age to form a binding contract with P4P; 

    (iii) not have been barred from accessing and using the Website and receiving the Services under the laws of Australia or any other countries including the country in which you are resident or from which you access the Website or use the Services;

    (iv) agree to be bound by and comply with these Terms and all applicable laws; and

    (v) not have previously had an Account cancelled by P4P. 

(c) As part of the registration process to create an Account, or as part of your continued access and use of the Website and the Services, you may be required to provide the following information (including Personal Information) about yourself:

    (i) name; 

    (ii) email address;

    (iii) telephone number;

    (iv) password; and

    (v) if you intend to use the Website and Services as a ‘Host’ and designate a Host Portion for an event, your bank account details for the purpose of      receiving the Host Portion of the Guest Funds from those events.

(d) For more information about what information we collect and how we use it, please refer to clause 14 (Privacy) below and our Privacy Policy 

(e) You must protect and keep your login details and password for the Website confidential, and not disclose them to any person, or authorise or permit any other person to use the Website using your login details or password.  If you breach your obligations under this clause or clause 2(f)(ii) below and another person uses your login details or password for the Website, you are responsible and liable for the use that person makes of the Website with your login details or password, to the same extent as if that use of the Website was by you. 

(f) You represent and warrant that any information you provide when registering for an Account (or as part of your continued access and use of the Services and the Website) is complete and correct. You must promptly notify us by email to support@party4purpose.com.au if: 

    (i) there is any change to any of the contact details or other details you have provided us (including under clause 2(c)); or

    (ii) you have reason to believe that another person is aware of your password for the Website.

(g) A Guest will be able to access and respond to Event Profiles of events they have been invited to and make contributions of Guest Funds through such Event Profiles, without creating an Account. However, by accessing an Event Profile or making any monetary contribution through an Event Profile, the Guest agrees to be bound by (and comply with) these Terms. 

3. TERMINATING YOUR ACCOUNT

If you wish to terminate your Account with P4P, you may do so by: 

(a) providing P4P with written notice of your intention to terminate via  support@party4purpose.com.au; and

(b) ceasing to use the Website and the Services.

4. EVENT PROFILES

(a) A Registered User may use the Website to create a profile to use in relation to an event they are hosting (an Event Profile), in which case the Registered User will then be considered a Host in relation to that Event Profile they have created.

(b) At the time of creating an Event Profile, the Host must:

    (i) select a nominated charity (the Selected Charity) for the Event Profile from among the Participating Charities;

    (ii) determine what percentages of any Guest Funds received through the Event Profile are to be provided to:

        (A) the Selected Charity; and 

        (B) the Host,

subject to the rules set out in clauses 4(c) and 4(d) below; and

    (iii) complete any other requirements or provide any other information reasonably required by P4P to facilitate the Services in relation to the relevant Event Profile.

(c) Once the Event Profile has been saved and the link to the event page has been created, the Host will not be able to change the Selected Charity, Donated Portion or Host Portion. This remains the case when an Event Profile has been ‘closed’ under clause 5.2, at which point the Host will still not be permitted to reduce the proportion of Guest Funds that P4P will provide to the Selected Charity (as originally determined by the Host under clause 4(b)(ii)).

(d) The proportion of the Guest Funds to be given to the Selected Charity:

    (i) must be no less than 20% of the Guest Funds; and 

     (ii) may be up to 100% of the Guest Funds (where the Host has elected to receive no Host Portion for the relevant event).

(e) By creating an Account or Event Profile, you agree to administer the Event Profile so it contributes to the Website in a positive manner and not to post or upload any User-Generated Content that contravenes these Terms. 

(f) You acknowledge that P4P may remove any Account or Event Profile where there has been a breach of these Terms or any applicable laws. In the event of such a removal, Guest Funds received through the Event Profile up to the time of closure will be distributed in accordance with the Host Portion and Donated Portion as determined by the Host under clause 4(b), subject to the other provisions of these Terms. 

(g) A Host who has created an Event Profile can track responses to the event invitation, alter certain event details (for example, the event date, location and time), and view the total amount of Guest Funds received through the Event Profile. 

5. USING THE WEBSITE AND PAYMENT TERMS 

5.1 Provision of Guest Funds

(a) The Host is responsible for managing its Event Profile and requesting monetary contributions of Guest Funds from Guests through the Event Profile.

(b) Upon receiving an invitation to an Event Profile, if the Guest wishes to make a contribution of Guest Funds to that Event Profile, the Guest may use one of P4P’s online payment providers (Payment Providers) to process the payment of that Guest’s Guest Funds contribution. In order to make a payment, the Guest must nominate the monetary amount of the Guest Funds contribution they wish to make.

(c) The Guest will then be redirected to the relevant Payment Provider, where the Guest will be requested to enter their payment details (which may include, for example, their credit card number and expiry date), among other information, to effect the payment of the Guest Funds.

(d) In addition to the Guest Funds contribution, the Guest will also be charged (and required to pay) an additional P4P Commission and an additional Payment Provider Processing Fee at the same time as its payment of the Guest Funds. These amounts will be clearly displayed to Guests at the time of payment of the Guest Funds, and will be charged and transferred to P4P and the relevant Payment Provider at the time of payment and, subject to clause 15, are non-refundable, except where required by law or incorrectly calculated or charged by P4P. 

(e) The P4P Commission is determined by P4P and is fixed for an Event Profile, and will apply to all contributions of the Guest Funds to that Event Profile. 

(f) The P4P Commission may be amended from time to time in accordance with these Terms. For clarity, any amendments to the P4P Commission will apply only to Event Profiles created after the updated amendment to the P4P Commission takes effect.      

(g) The Payment Provider Processing Fee is determined by the relevant Payment Provider at the time of the relevant payment (and may be subject to change from time to time, as determined by the relevant Payment Provider).

(h) The Guest’s use of the Payment Provider’s services and provision of payment details and Personal Information to the Payment Provider is governed by the Payment Provider’s separate terms and conditions. Our current Payment Providers include Stripe Inc. 

(i) The payment information is directly submitted to the Payment Provider and P4P does not have access to such information or carry out the actual processing of the Guest Funds.

(j) P4P does not monitor Guest Funds contributed by Guests and is not required to provide notice of successful payments. However, P4P will notify Guests by email when an amount of Guest Funds has been successfully processed. Hosts should monitor the status and amount of Guest Funds paid through their access to event details described in clause 4(g). 

(k) Where you have established an Event Profile, you acknowledge that:   

    (i) it is entirely at the discretion of each Guest as to whether to give any Guest Funds to any event;

    (ii) where a Guest represents that they intend to make a contribution of Guest Funds to an event but do not do so through the Event Profile, P4P is under no obligation to actively seek payment from the Guest; and

    (iii) the terms in clause 5.2 regarding disbursement of Guest Funds apply only in relation to those instances where Guests have made payment of Guest Funds and that payment has been successfully processed by a Payment Provider in relation to the relevant event through the Event Profile. P4P is under no obligation to actively seek monetary contributions from Guests or disburse any monetary contributions that have not been paid and successfully processed and received through the Event Profile.

5.2 Closing Event Profile and distributing Guest Funds 

(a) The Host must provide their Host Details when creating an Event Profile and must promptly update those details on the Website whenever they change. If the Host does not provide the Host Details, they will not be able to complete the creation of an Event Profile. 

(b) The Host is only required to provide their Host Details once, but will be asked to verify some of this information when the Host closes an Event Profile. An Event Profile cannot be closed by the Host until such information has been provided and verified by the Host.

(c) When creating an Event Profile, the Host must nominate a specified date for the relevant event. The Host may subsequently reschedule the date of the relevant event through the Website in accordance with clause 5.7. 

(d) The Host must elect when it wishes to ‘close’ an Event Profile. An Event Profile may be closed at any time before or after the relevant event date but must be closed by no later than eight weeks after the relevant event date (Closing Deadline). When the Event Profile is closed, all invitations to Guests through the Event Profile will expire and Guests will no longer be able to      RSVP, change their RSVP or make donations.

(e) If the Host fails to ‘close’ the Event Profile by the Closing Deadline, P4P may: 

    (i) close the Event Profile and transfer the Donated Portion of the Guest Funds to the Selected Charity and the Host Portion to the bank account nominated by the Host in accordance with the Host Portion and Donated Portion as determined by the Host under clause 4(b); or

    (ii) if the Host fails to provide valid bank details within 60 days of a second email from P4P under clause 5.4(b) below, close the Event Profile and transfer the Donated Portion of the Guest Funds to the Selected Charity and retain the Host Portion in the Holding Account for a further period of 12 months from the Closing Deadline (the Claim Period), during which the Host may claim the Host Portion by writing to P4P providing all relevant details and satisfying the reasonable requirements of P4P to verify that the claimant is the relevant Host. 

(f) If the Host does not claim the Host Portion within the Claim Period, P4P may deduct a reasonable administrative fee and transfer the remaining amount to the Selected Charity. 

(g) The Host acknowledges and agrees that in circumstances where the Host has failed to provide valid bank details, if they do not claim the Host Portion within the Claim Period, P4P will not be required to pay the Host Portion to the Host under any circumstances, and the Host will have no right or claim against P4P in respect of the Host Portion after the expiry of that period. 

(h) If a Host has elected to ‘close’ an Event Profile under clause 5.2(d) (subject to the incorrect bank detail arrangements in clause 5.4), P4P will provide:

    (i) the Donated Portion to the Selected Charity (in accordance with the separate payment arrangement between P4P and the Selected Charity); and

    (ii) any remaining Host Portion (if any) to the bank account nominated by the Host,

with the Donated Portion and the Host Portion divided in accordance with the percentage split determined by the Host when creating the Event Profile under clause 4(b).

The Host Portion (if any) will generally be provided to the Host within approximately five Business Days (depending on the bank(s) involved) of the Event Profile’s closing date, provided that the Host has given us their correct bank account details and any other required information to receive payment.

5.3 Payment terms 

(a) All enquiries related to payment can be directed to support@party4purpose.com.au

(b) All payments will be made in Australian dollars to a nominated Australian bank account.

(c) P4P is not involved in any event, or the use of the Donated Portion or the Host Portion, and accordingly makes no representation or warranty in respect of any event for which an Event Profile is created as to use of the:

    (i) Donated Portion by the Selected Charity; or

    (ii) Host Portion by the Host,

and disclaims any liability to Hosts or Guests regarding use of the relevant Guest Funds.

(d) P4P does not independently verify or assess the identity of each person or entity who establishes an Event Profile. If you receive an invitation to an Event Profile sent via the Website from a Host who is unknown to you and are asked to make a contribution of Guest Funds to that Event Profile, you should exercise caution in verifying the relevant Host and event details and deciding whether or not to provide any Guest Funds or share any Personal Information.

(e) We are not able to verify the actual age of users of the Website. If you are under 18 years of age, then, subject to clause 2(b)(ii), P4P requires that you use the Website and any Services only with the permission and under the supervision of your parent or guardian. 

5.4 Incorrect or invalid bank details

(a) Hosts are responsible for ensuring that the bank account information they provide to P4P as part of the Host Details is complete, accurate and up-to-date, and should carefully review their bank account information before submitting the information to P4P. P4P will not be liable for any amounts transferred to an incorrect bank account due to incorrect bank account information being submitted by the Host, and is under no obligation to recall such funds. 

(b) In the event that P4P’s attempt to deposit the Host Portion into the Host’s bank account is rejected because the Host provided invalid bank account information, P4P will notify the Host by email and request that the Host provides correct bank account details. 

5.5 Receipts

(a) Subject to the terms of P4P’s engagement with a Selected Charity, P4P will use its best efforts to give any Guest that provides Guest Funds through an Event Profile with a receipt as agent for the Selected Charity in relation to the Donated Portion.

(b) Such receipts will include:

   (i) a statement that the receipt is issued by P4P, as agent for the Selected Charity; 

    (ii) the name of the Selected Charity and its ABN; 

    (iii) a statement that the receipt is for a gift; and 

    (iv) if the Selected Charity is a deductible gift recipient, a statement that a tax deduction may be claimed for donations of $2 or more.

5.6 No refund of Guest Funds 

Except if required by applicable law, P4P does not refund Guest Funds. Guests should treat the decision to make payments accordingly, and satisfy themselves with respect to the suitability of Event Profiles and the treatment of Guest Amounts under these Terms before making payment. As stated in clauses 5.1 and 5.3, it is entirely at the discretion of each Guest as to whether to give any Guest Funds to any event, and P4P does not independently verify or assess persons or entities that establish Event Profiles. P4P will deal with Guest Amounts that it receives in accordance with these Terms. 

5.7 Rescheduling or cancelling an event

(a) The Host may reschedule an event multiple times through the Website but the rescheduled event date must be within two years of the date on which the Host sent out the first invitation through the Event Profile. The Host may also cancel an event through the Website.

(b) If an event is cancelled or rescheduled, any Guest Funds that have already been contributed by Guests for that event cannot be refunded due to that cancellation or rescheduling.

(c) If an event is cancelled by the Host:

    (i) the Event Profile for that event will be automatically and immediately closed;

    (ii) no more Guest Fund contributions may be made towards that event; and 

    (iii) P4P will distribute any Guest Funds that have been received through that Event Profile to the Selected Charity and the Host in accordance with the rules set out in clause 5.2.

(d) Where an event is rescheduled, P4P will not make refunds to those Guests who contributed  Guest Funds but are unable to attend the relevant event on the rescheduled date. P4P will keep the Event Profile open until the Host closes it (which could be before or after the rescheduled event date). After the rescheduled event occurs and the Event Profile is ‘closed’ in accordance with clause 5.2, P4P will distribute the total amount of Guest Funds received through the Event Profile (whether before or after the date the event was rescheduled) to the Selected Charity and the Host in accordance with the rules set out in clause 5.2.

6. INTELLECTUAL PROPERTY RIGHTS 

(a) All Intellectual Property Rights in the Website (including all trade marks appearing on the Website) are owned by us and/or our licensors.  

(b) You grant to P4P a non-exclusive, royalty-free, perpetual, worldwide, irrevocable licence (including the right to grant sub-licences) to use, reproduce, publish, electronically transmit, electronically distribute, adapt, modify and otherwise deal with any Intellectual Property Rights in any User-Generated Content you contribute to the Website (Licensed IP). 

(c) You represent and warrant to P4P that:

    (i) you have the right to grant the licence set out in clause 6(b);

    (ii) the Licensed IP and its use as contemplated under these Terms will not infringe any Intellectual Property Rights or Moral Rights of a third party; and

    (iii) where the Licensed IP includes a photograph, image or other recording of any person other than you, you have obtained that person’s consent to contribute the photograph, image or other recording to the Website (or, where the person is under 18, the consent of their parent or guardian). You must provide P4P with a copy of the consent upon request and a failure to do so will constitute a breach of these Terms.

(d) You consent to any act or omission by P4P or any of its licensees or assignees which may otherwise infringe your Moral Rights, in respect of any copyright materials comprised in the Licensed IP.

(e) You must do all things P4P reasonably requests to enable P4P to have the benefit of the rights assigned, or purported to be assigned, under this clause.

(f) We grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your personal use, and to download and print out a copy of the information available from the Website for your personal use. 

(g) You must not (and must not attempt to): 

    (i) except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent; 

    (ii) distribute, translate, modify or tamper with, any part of the Website;

    (iii) create derivative works of or from any part of the Website;

    (iv) sell, rent, lease, sub-licence, assign, exchange or otherwise transfer your rights under these Terms; or

    (v) permit or assist any person to engage in any act described in paragraphs (i) to (iv) above.

7. USE OF THE WEBSITE

(a) You must provide your own internet access and Device in order to use the Website. You are responsible for all internet access, data download and other network charges from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.

(b) You are responsible for the operation and maintenance of your Device and for ensuring the Website and any associated Services are accessible from your Device.

(c) You must not use the Website:

    (i) to impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity including but not limited to P4P;

    (ii) to either directly or indirectly interfere with, disrupt or damage the Website, the server(s) on which it is hosted, the networks connected to it or any other user’s access to the Website;

    (iii) through any automated means (for example, bots or web crawlers) or using an interface other than the one made available on the Website by P4P;

    (iv) to breach any law (including any laws relating to the export of data or software); 

    (v) to collect or store personally identifying information about other users of the Website for any purposes unrelated to the Website or that are illegal or unlawful;

    (vi) to transmit, publish or communicate bulk and/or unsolicited messages (except that the provision of lawful invitations to Guests as contemplated by these terms will not contravene this paragraph (vi)); 

    (vii) to deal with money which you know or have reasonable grounds to believe represents the proceeds of crime;

    (viii) to provide or collect any money with the intention or knowledge that the money will be used to fund illegal acts, including acts of terrorism (regardless of whether the money is actually so used);

    (ix) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website;

    (x) in a manner might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content; and

    (xi) in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

(d) You agree that you will not post or upload to the Website or otherwise make accessible or transmit on or via the Website any User-Generated Content or any link to any materials that:

    (i) is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful; 

    (ii) is xenophobic, racist, abusive, harassing or hateful; 

    (iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users; 

    (iv) promotes illegal activity including without limitation the provision of instructions for any illegal activity;

    (v) solicits from other users any passwords or Personal Information for commercial or unlawful purposes;

    (vi) constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation; 

    (vii) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

(viii) you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships; or

(ix) infringes or contributes to the infringement of any Intellectual Property Rights of a third party.

(e) We may ask you to cease any conduct which we believe is contrary to these Terms, and you must comply with any such reasonable request. We may at any time terminate, suspend and/or block your access to the Website or the Services where there has been a breach of these Terms or any applicable laws and we reasonably consider that such action is required to protect P4P’s legitimate interests.

(f) We may remove any content, including User-Generated Content, that violates these Terms.

(g) You acknowledge that the person who contributes User-Generated Content to the Website is responsible for that content and P4P makes no representation, warranty or guarantee with respect to User-Generated Content, its quality, reliability or accuracy. Before using or relying on any User-Generated Content, you should take reasonable steps to verify its accuracy, completeness or usefulness. You agree that you will use any User-Generated Content at your own risk and the views expressed in materials forming part of any User-Generated Content do not necessarily represent the views of P4P.

8. USING CONTENT ON SOCIAL MEDIA

(a) P4P acknowledges that social media channels encourage the sharing of materials such as images and videos.

(b) You are encouraged to use the Event Profile page for any event that you host to indicate whether or not you permit the User-Generated Content that you have contributed to that Event Profile to be posted to any Internet or social media channel by any person other than you. 

(c) If you wish to post any User-Generated Content that is not your own to any social media site, you must obtain permission from the Registered User who posted the User-Generated Content before doing so.

9. PERFORMANCE OF THE WEBSITE

(a) We will use reasonable endeavours to make the Website available during our normal business hours. However, the availability and security of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that: 

    (i) you will be able to use the Website at any time; or 

    (ii) your use of the Website will be continuous, uninterrupted, secure or error-free. 

(b) We make no guarantee as to the reliability or performance of the Website.

(c) You acknowledge and agree that the Website and the Services may be unavailable for use from time to time, and that you may be disconnected from your use of the Website and/or the Services at any time for any reason, including if: 

    (i) any network connection difficulties occur; 

    (ii) the systems providing the Website and Services are unavailable for any reason (including so that maintenance or updates can be performed);

    (iii) you breach any of these Terms or applicable laws; or

we have otherwise decided to terminate, suspend or block your access to the Website, your Account and/or the Services where there has been a breach of these Terms or any applicable laws and we reasonably consider that such action is required to protect P4P’s legitimate interests. 

(d) The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy. Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Website is or will be current, complete or accurate at all times. You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it. Subject to the clause headed ‘Consumer Guarantees’ below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this clause.

10. SCREENING AND MONITORING

(a) P4P may, but is not obliged to, review any content on the Website.

(b) You acknowledge that content accessible on the Website may include materials that are offensive or otherwise objectionable to you. 

(c) P4P reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any content that is available on the Website at any time, without notice and without liability.

(d) P4P reserves the right, in its sole discretion, to set limits on the amount of User-Generated Content that you may contribute.

11. THISRD PARTY CONTENT AND LINKED SITES

(a) Links to third party websites not operated by P4P may be included on the Website (for, example, links to the webpages of Participating Charities). P4P has no control over such third party sites or their content. You acknowledge and agree that P4P is not responsible for the availability of such links, sites or their content, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. 

(b) If you use linked third party sites, you will leave the Website. Linked third party sites have their own Terms of Service and Privacy Policies, which may be different from those of the Website.

(c) To the extent permitted by law, you acknowledge and agree that P4P will not be responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on a third party site.

12. PARTICIPATING CHARITIES

(a) In selecting the Participating Charities, P4P carries out a series of verification exercises to try to ensure, as far as reasonably practicable, that the Donated Portion of any Guest Funds will be used in furtherance of the relevant Participating Charity’s mission.

(b) P4P is an independent company and, with the exception of P4P’s arrangement with each Participating Charity in relation to that organisation being a Participating Charity, has no affiliation or partnership relationship with any Participating Charity. P4P is not responsible for, and excludes all liability in relation to, any action carried out (or omitted to be carried out) by any Participating Charity, including the failure of a Selected Charity to notify the Host confirming receipt of any Donated Portion of the Guest Funds.

(c) P4P: 

    (i) will notify the Host when the Donated Portion and the Host Portion have been distributed by P4P in accordance with clause 5.2; and

    (ii) will use reasonable endeavours to require the Selected Charity to notify the Host when the Donated Portion of the Guest Funds have been received by the Selected Charity (but is not responsible or liable for any failure or delay in providing such notice by a Selected Charity). 

The Host is also free to independently contact the Selected Charity and confirm whether they have received the Donated Portion of the Guest Funds.

13. SECURITY

(a) To use the Website and its features as intended, you must:

    (i) enable the Website to use cookies; and 

    (ii) grant it any other permissions and access to your Device that it requires from time to time.

(b) If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

(c) We do not warrant or guarantee the security of the Website, as this depends on a number of factors beyond our control. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

14. PRIVACY

(a) We may collect, use and store your Personal Information in accordance with these Terms, the Privacy Policy and applicable legislation, including for the purposes of making available the Website, complying with our legal obligations, and improving the user experience in relation to the Website.

(b) If you use the Website, the information that we may collect and store includes, without limitation: 

    (i) the type of operating system and/or other software or firmware used by your Device;

    (ii) the data you send and receive using the Website, and the type and quantity of that data;

    (iii) the dates on which and times at which you use the Website; and

    (iv) the IP and MAC address of your Device.

(c) You represent and warrant to us that the Personal Information you provide to us is complete and accurate. 

15. CONSUMER GUARANTEES

(a) Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees). 

(b) Where you as a consumer acquire goods or services under these Terms through your use of the Website and those goods or services:

    (i) are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms, excluded, restricted or modified; or

    (ii) are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to re-supplying the Services or paying the cost of having the Services re-supplied, 

and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.

16. LIABILITY

(a) You acknowledge and agree that, to the extent permitted by law your access to, and use of, the Website and the Services is at your own risk. 

(b) To the extent permitted by law, we exclude from these Terms all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).

(c) Except for any liability under the Consumer Guarantees, we exclude: 

    (i) any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary losses; and

    (ii) any other Losses arising from your use of the Website, except to the extent caused by P4P’s own fault. 

17. INDEMNITY

You agree to indemnify, and hold harmless, P4P, its Related Bodies Corporate Personnel, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with User-Generated Content you submit to the Website. 

18. DISPUTED RESOLUTION

(a) If a dispute arises out of or relates to these Terms, a party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.

(c) On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must, within 30 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(d) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee.

(e) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

(f) The mediation will be held in New South Wales, Australia or remotely as nominated by us.

(g) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(h) If two weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation.

19. SUSPENSION, WITHDRAWAL OF OR CHANGES TO THE WEBSITE

(a) We may add to and amend the functionality of the Website from time to time to improve the Website, the Services it provides and/or P4P’s business.

(b) We reserve the right to:

    (i) cancel or suspend your use of, or withdraw, the Website and/or any of its features or components; 

    (ii) remove, or disable access to, any part of the Website and/or any of its features or components, 

    (iii) request that you stop using or accessing the Website (and you must comply with such a request), 

in each case where:

    (iv) there has been a breach of these Terms or applicable laws and we reasonably consider that such action is required to protect P4P’s legitimate interests; or 

    (v) we reasonably consider that such action is necessary to protect the security, integrity, or functionality of the Website. 

If action taken under clause 19(b) prevents or is likely to prevent the Host and all Guests from accessing the Event Profile and/or paying Guest Funds until the Closing Date, then P4P may, before the Closing Date, act in accordance with the procedure set out in clause 5.2(e)(i) and (ii) in respect of the closure of the Event Profile and transfer and handling of the Donated Portion of the Guest Funds. 

(c) Whether you are accessing the Website as a Host or a Guest, if we cancel or suspend your access to your Account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it to be appropriate. 

(d) You acknowledge that our decision to take certain actions, including cancelling or suspending access to your Account, may be based on confidential criteria that is essential to our risk management, the security of the Accounts of other Registered Users and P4P’s IT system. You agree that P4P is under no obligation to disclose the reasons for cancellation or suspension of your Account. 

(e) An Event Profile will remain open despite the cancellation or suspension of the use of the Website or the Account of any Guests invited to contribute to the Guest Funds for that event.

(f) If a Host’s Account is cancelled or suspended, any active Event Profile organised by that Host will be closed immediately. The Guest Funds for each Event Profile will then be distributed to the Host and the Selected Charity for that Event Profile in accordance with the rules set out in clause 5.2.

(g) Your Registered User Account name remains the property of P4P and we reserve the right to reclaim and reuse your Registered User Account name once your Account is terminated or deactivated for whatever reason by either you or us.

20. GENERAL 

(a) We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.

(b) This Agreement does not create an exclusive arrangement between any Registered User and P4P, or confer any exclusive rights to a Registered User to be the sole user of the Website or recipient of the Services.

(c) A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the Terms will continue in force.

(d) These Terms set out the basis on which you are able to use the Website and access the Services from P4P, as an independent service provider, and nothing in these Terms creates an employment, trust, agency, partnership or joint venture relationship between the parties.

(e) These Terms are governed by the laws of New South Wales Australia.  You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them. 

(f) P4P may assign these Terms at any time without notice to you. You must not assign or transfer any of your rights or obligations under these Terms without P4P’s written consent.

(g) Any indemnity and any obligation of confidence under these Terms is independent of, and shall survive termination or expiry of, these Terms. Any other provision of these Terms which expressly, or by implication from their nature, are intended to survive termination or expiry of these Terms shall survive that termination or expiry of these Terms.

(h) These Terms supersede any previous agreements about their subject matter.

(i) To the extent permitted by law, any statement, representation or promise made in any negotiation or discussion has no effect except to the extent expressly set out or incorporated by reference in these Terms.

(j) All remedies are cumulative. 

21. DEFINED TERMS & INTERPRETATION

21.1 Defined terms

In these Terms:

Account has the meaning given in clause 2(a).

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia.

Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth).

Claim Period means the 12 month period following the Closing Deadline during which the Host may claim the Host Portion in accordance with clause 5.2(e).

Closing Deadline means the deadline for closing an Event Profile, which is eight weeks after the event date, as defined in clause 5.2(d).

Consumer Guarantees has the meaning given in clause 15(a).

Corporations Act means the Corporations Act 2001 (Cth).

Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection.

Donated Portion has the meaning given in clause 1(c)(i), being the proportion of the total Guest Funds which is to be distributed to the Selected Charity for the relevant Event Profile (as determined by the Host when creating the relevant Event Profile in accordance with clause 4(b). For avoidance of doubt, the P4P Commission and the Payment Provider Processing Fee are separate additional fees and shall not be considered part of the Guest Funds or the Donated Portion.

Event Profile has the meaning given in clause 4(a).

GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Guest means either: 

(a) a person who receives and responds to a link to an Event Profile circulated by a Host to invite them to an event and make a contribution of Guest Funds to that event; or 

(b) a person who pays any Guest Funds on behalf of the person described in paragraph (a) (for example, a parent or guardian of a child invited to the relevant event).

Guest Funds means any monetary contributions made by Guests (and received by P4P in its Holding Account) through an Event Profile in relation to the relevant events associated with that Event Profile, as further described in clauses 1(c) and 5.1. For avoidance of doubt, the P4P Commission and the Payment Provider Processing Fee are separate additional fees and shall not be considered part of the Guest Funds.

Holding Account means the holding account established by P4P to hold any Guest Funds until after the relevant Event Profile has been ‘closed’ in accordance with clause 5.2.

Host means a Registered User who uses the Website to create one or more Event Profiles to host their events, as further described in clause 4 and clause 1(c).

Host Details means the Host’s details provided by a Host in respect of each Event Profile, including:

(a) the Host’s nominated bank account details; 

(b) any details required under clause 2(c) when creating their Account; and

(c) any details required under clauses 4(b) or 5.2 when creating or closing the relevant Event Profile.

Host Portion has the meaning given in clauses 1(c)(i), being the proportion of the total Guest Funds which is to be distributed to the Host for the relevant Event Profile (as determined by the Host when creating the relevant Event Profile in accordance with clause 4(b). For avoidance of doubt, the P4P Commission and the Payment Provider Processing Fee are separate additional fees and shall not be considered part of the Guest Funds or the Host Portion.

Intellectual Property Rights means all intellectual property rights (registered or unregistered) and related rights, including in the following:

(a) patents, copyright, trade marks (including goodwill in those marks), registered designs, trade secrets, know-how, circuit layouts, business and domain names, databases, software, inventions and any other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, recognised in any jurisdiction, and the right to have confidential information kept confidential;

(b) any application or right to apply for registration of any of the rights referred to in paragraph (a) of this definition; and

(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) of this definition which may subsist in Australia or elsewhere,

whether or not such rights are registered or capable of being registered. 

Licensed IP has the meaning given in clause 6(b).

Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

Moral Rights means:

(a) the moral rights conferred on authors and performers under the Copyright Act 1968 (Cth); and

(b) any other similar rights capable of protection under the laws of any applicable jurisdiction.

P4P Commission means an additional amount charged as a commission by P4P at the same time as each Guest’s payment of a Guest Funds contribution, and as at the date of these Terms, is equal to: 6.9% of the total Guest Funds (including GST) received for the relevant Event Profile, plus $1.00 per transaction. 

Participating Charities means the charities that have agreed to participate in, and which are then listed on, the Website.

Payment Provider has the meaning given in clause 5.1(b). 

Payment Provider Processing Fee means the fee charged by the relevant Payment Provider, (as may be amended from time to time by the Payment Provider) as displayed before the Guest finalises the relevant transaction.  The Payment Provider Processing Fees are subject to change without notification (as determined by the relevant third party Payment Providers) but will be displayed on our website, accessible using the address Fees – Party4Purpose

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personnel of a person means: 

(a) the officers, employees, contractors (including subcontractors), agents and volunteers of that person or any of its Related Bodies Corporate; and 

(b) the officers, employees, contractors (including subcontractors), agents and volunteers of the contractors of that person or any of its Related Bodies Corporate.

Privacy Policy means our privacy policy, as amended from time to time and published on our website, accessible using the address Privacy Policy – Party4Purpose 

Registered User means a person that creates an Account to use the Website. 

Related Body Corporate has the meaning given to that term in section 50 of the Corporations Act.

Selected Charity has the meaning given in clause 4(b)(i), being the charity selected by the Host for the relevant Event Profile from among the Participating Charities at the time of creating that Event Profile.

Services has the meaning given in clause 1(e).

Terms means these terms and conditions governing your use of the Website, as defined in clause 1(a).

User-Generated Content means any content that you contribute, upload, submit, post, or otherwise share to the Website, including, but not limited to, text, images, and videos.

we, us, our or P4P has the meaning given in clause 1(a).

Website has the meaning given in clause 1(a).

you or your has the meaning given in clause 1(f).

21.2 Interpretation

In these Terms, except where the context requires otherwise:

(a) the singular includes the plural and vice versa, and a gender includes other genders;

(b) another grammatical form of a defined word or expression has a corresponding meaning;

(c) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these Terms, and a reference to these Terms includes any schedule or annexure to them;

(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;

(e) a reference to A$, $A, AUD, dollar or $ is to Australian currency;

(f) a reference to time is to the time in Sydney, New South Wales, Australia;

(g) a reference to a party is to a party to these Terms, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;

(h) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

(i) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(j) a word or expression defined in the Corporations Act has the meaning given to it in the Corporations Act;

(k) the meaning of general words is not limited by specific examples introduced by the words including, for example or similar expressions;

(l) any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

(m) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

(n) a rule of construction does not apply to the disadvantage of a party because the party (or its legal representative) was responsible for the preparation of these Terms or any part of them; and

(o) if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day.

21.3 HEADINGS

Headings are for ease of reference only and do not affect interpretation.

21.4 UPDATES

These WEBSITE TERMS AND CONDITIONS OF USE were last updated on 18th June 2025