Catalyser Employee Giving Program
End User License Agreement and Terms and Conditions
Version: January 2018
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SOFTWARE.
Thank you for logging on to this employee giving platform (“Platform”) - built for your workplace by Catalyser Pty Limited (ABN 49600025214) (“Catalyser”).
By accessing the Platform, you are agreeing to the following terms and conditions (“Terms”), which you should review carefully. You should not access or use the Platform if you do not accept these Terms.
1 The Platform
1.1 This Platform is customised for your company which has licensed software developed by Catalyser (“Company”) to manage certain employee giving activities chosen by your Company, including fundraising or volunteering for selected charities and causes.
1.2 The content on featured on the Platform has been created for and reviewed by your Company. The information on the Platform is derived from sources, including from your Company, charities, user-generated content and public sources, which we believe are accurate and up to date as at the time of publication.
1.3 Catalyser, featured charities and your Company have used reasonable endeavours to create and update Platform content but we do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any content or information on the Platform.
1.4 Your Company may update and amend content on the Platform at any time. Neither Catalyser no your Company take liability or responsibility for the charities and campaigns chosen and any content or the information shown on the Platform.
1.5 You agree to indemnify and release Catalyser and your Company from all liability for any claim or loss that directly or indirectly results from your reliance on any content or information provided on the Platform.
1.6 This is a restricted Platform. Only staff or persons authorised by your Company have access to this Platform and you agree not to:
(a) use the Platform to misrepresent your identity or affiliation with any organisation or person;
(b) use the Platform for any unlawful or criminal purpose;
(c) cause any disruption, impairment or damage to the Platform; or
(d) provide access to the Platform to unauthorised parties outside your workplace.
2 Terms for using the Platform
2.1 You access the Platform by logging in to your personal giving account (“Account”).
2.2 Your Account is not transferrable and tailored for you based on your Company profile. You are responsible for all transactions made using your Account and you indemnify and release Catalyser and your Company from all liability for any claim or loss that directly or indirectly results from unauthorised access to your Account.
2.3 By accessing your Account and using the Platform, you represent and warrant that you are a current employee and that all information provided by you on the Platform:
(a) is true and correct;
(b) is not misleading, deceptive, defamatory or obscene; and
(c) does not infringe on any intellectual property rights.
2.4 The Platform is an application that is hosted on your Company’s information technology infrastructure. You acknowledge and accept that while your Company uses all reasonable diligence and industry standards to ensure the security of the Platform and transactions, there are inherent risks with using a digital platform.
2.6 You will indemnify and release your Company and Catalyser from all liability for any claim or loss that directly or indirectly results from any breach of these conditions and warranties above.
3 How donations are processed on the Platform
3.1 The Platform only registers and records your pledged donations. No payments are processed on the Platform and Catalyser does not hold or transfer any funds.
3.2 By pledging to charities and campaigns on the Platform, you commit to completing the donation through payroll or by credit card.
3.3 By choosing to donate through payroll, if your Company allows this method:
(a) you agree to allow your Company to directly deduct your pledged donation amount from your salary or wages on a pre-tax basis in accordance with your Company’s workplace giving program policies and procedures;
(b) your Company will directly transfer your pledged donation to the applicable charity at the end of the campaign period and is responsible for providing you with details of your donations for tax purposes. Your Company is responsible for forwarding your donations and any matched Company donations (if applicable) to the applicable charity; and
(c) you understand and accept that your Company is at all times responsible for payroll functions associated with your employment. Catalyser is not responsible or liable for the deduction of donations from your salary or wages and the transfer of pledged donations from your Employer to the applicable charity.
3.4 By choosing to donate through credit card, if your Company allows this method:
(a) you understand and accept that you will be directed to a credit card payment gateway managed by a third party and set up by the charity receiving the donation, and that Catalyser is not responsible or liable for credit card transactions processed by such third party;
(b) you understand and accept that Catalyser does not collect and retain any personal data (including credit card details) used by a third party to process credit card donations, and that you are subject to the terms and conditions of the third party providing payment services; and
(c) you understand and accept that although Catalyser does not charge any administration fee, a third party credit card payment gateway provider may charge certain fees to process your credit card donation.
3.5 You acknowledge and agree that Catalyser has no liability or responsibility for, and that you are solely liable and responsible for, your own tax affairs, including obtaining any tax deduction in relation to donations made through this Platform.
3.6 All your pledged donations will go to your chosen charity. You do not pay any fee to and Catalyser does not make any deductions from your donations. Catalyser may charge your Company a software license fee for using the Platform.
4 Intellectual Property
4.1 You acquire no rights or license in or to the Platform or its content other than the limited right to use the Platform in accordance to these Terms.
4.2 You may only use the content on this Platform for your own personal purposes. You must not copy, modify, reproduce, create derivative works from, transmit or in any other way exploit or share any part of the Platform, its content or software code.
4.3 Certain software, processes any other content on the Platform may be stated to be subject to special or additional rules or conditions which will form part of these Terms.
4.4 The Platform may contain third-party content or hyperlinks to third party websites, such as links to charity websites. Neither your Company nor Catalyser is responsible or liable for the content of any third-party source and the inclusion of a hyperlink on the Platform is not an endorsement, approval or recommendation of the linked website or its content.
4.5 The Platform may contain trade marks and copyrighted materials (such as those belonging to charities, your Company or Catalyser) that are protected by law. You may not use such trade marks without the owner’s prior written consent.
5.1 Your use of this Platform and reliance upon any information provided is entirely at your own risk.
5.2 While the Platform has been developed with the due care, diligence and in accordance with best software standards, your Company and Catalyser cannot guarantee that information and files on the Platform will always be secure, free from digital viruses or other faults and defects. Your Company and Catalyser disclaim all liability and responsibility for any damage, harm or interference to your digital and computer system which may arise in connection with your use of the Platform.
5.3 Your Company and Catalyser are not responsible for any delay, failure, interruption, corruption or misuse of any data, content or information transmitted through the Platform which is beyond our direct control.
5.4 Catalyser expressly makes no representation and gives no express or implied warranty or undertaking as to the accuracy, completeness, currency, effectiveness or reliability of the Platform.
5.5 Catalyser expressly disclaims all, and any, liability and responsibility to any person in respect of the consequences of anything done or omitted to be done by such person in reliance, whether wholly or partially, upon this Platform.
6 Limitation of liability
6.1 Your Company and Catalyser disclaims all liability and responsibility for failure to perform any obligations under these Terms and in relation to its provision of this Platform if such failure is caused by the occurrence of any matter beyond our reasonable control including internet and communication outages, issues with serves and electronic systems, industrial disputes, natural disasters, accidents and other acts of God.
6.2 To the extent permitted by law, Catalyser’s liability for breach of these Terms, statutory cause of action, common law or tort in relation to this Platform and its services is limited as follows:
(a) Catalyser is not liable for any indirect or consequential loss or damage; and
(b) any other claims or liability for proven direct loss and damage is limited to the amount donated by you through the Platform.
7 General Terms
7.1 These Terms may be amended at any time and the most current terms will be found on the Platform. Your continued use of the Platform after receiving notice of amended Terms will be deemed to be acceptance of the new Terms.
7.2 Any disputes in relation to these Terms or the Platform shall be resolved through discussion and alternative dispute resolution mechanisms.
7.3 These Terms are governed by the laws of New South Wales.