Terms and Conditions
Introduction and acceptance of terms
1 Welcomup ķe to the Billy G’s Gourmet Cookie Dough fundraising platform. This website is owned and operated by BLC International Pty Ltd ACN 116 799 181 of Unit 1A, 43 – 45 Spine Street, Sumner Park, Qld, 4074 (BLC International Pty Ltd, We, Us). The use of this website, and all services and online tools (the Platform) that BLC makes available to registrants and other users of the BLC service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
2 These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
4. The Platform is an online fundraising facility. BLC acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. BLC is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, BLC accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
5. Every Not-For-Profit Organisation (NFP) or Other Clients listed on this Website has a contract authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
6 BLC accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.
9. You may register Your details and be added to the Platform database.
10. You must keep Your personal login information safe, private and secure at all times. This extends to:
a) not allowing any other person to use their login information or hold themselves out as You;
b) not disclosing, or allowing a copy to be discovered of the login information of the User; and
c) regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.
Indemnity for misuse of Your login information
12 BLC accepts no liability for acts carried out by any person using Your personal login information, and You indemnify BLC from any costs, expenses or damages paid or payable by BLC in connection with your breach of clause 19.
Personal fundraising pages
13 Users who have registered with BLC may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
14 Where a registered User builds a personal fundraising page in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page in no way implies the endorsement of the fundraising or other activity promoted on the page by BLC or the Beneficiary.
15 Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
16 BLC does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact BLC at [email protected].
Termination of Use
17 BLC reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
a) a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
b) conduct in using the Website;
c) You breach these Terms and Conditions, whether the breach is material or otherwise;
d) if We deem Your behaviour to be unacceptable (as solely determined by us).
Intellectual Property Rights
18 For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
a) patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
b) any application or right to apply for registration of any of the rights referred to in paragraph (a).
19 BLC owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
a) assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
b) reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
20 No use of Content on the Platform is permitted without the prior written consent of BLC, and where applicable, the licensor to BLC of the applicable rights.
21 BLC will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that BLC cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by BLC or be found in these Terms or in the relationship between BLC and Users and all such representations and warranties that may be excluded at law are excluded.
Limitation of liability and indemnity by User
22 BLC will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
a) the use of the Platform by a User;
(b) the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
d) the representations, opinions or activities of Beneficiaries made on or through the Platform.
23 The User indemnifies and holds BLC, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
a) the use or misuse of the Platform by the User;
b) Content uploaded by the User;
c) the breach by the User of these Terms; or
d) any liability arising out of the use of a User’s account.
24 The laws of Queensland and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.
26 If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
27 All prices are in Australian Dollars unless stipulated otherwise.
28 Terms & Conditions updated January 2021