Terms and Conditions

Catalyser Workplace Giving Platform

End User License Agreement and Terms and Conditions

Version: June 2023

PLEASE READ THESE TERMS AND CONDITIONS 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 workplace giving platform (“Platform”) - built for your workplace by Catalyser Pty Limited (ABN 49 600 025 214) (“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 appeals (“Appeals”) 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 nor 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;

(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

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.

2.5 Any content and information that you input onto the Platform will be managed according the Privacy Policy set out below.

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 monetary donations or payments are processed on the Platform and Catalyser is not a payment processor and does not hold or transfer any funds. Instead, Catalyser works with third-party payment processing partners (“Payment Processors”) to process donations for Appeals. Catalyser is not a Payment Processor and does not hold funds.

3.2 As a charity, receipt of donations, minus any applicable transaction fees, is based upon and subject to the applicable Payment Processor’s terms and procedures.

3.3 Catalyser does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable taxes or levies.

3.4 Catalyser’s current Payment Processors include We Are Percent Ltd. (see Percent’s terms of service), PayPal, Inc. (see PayPal’s terms of service), and Stripe, Inc. (see Stripe’s terms of service).

3.5 By pledging to or going through the donation flow for Appeals on the Platform, you commit to completing the monetary donation through payroll, by credit card, or by another payment method.

3.6 By choosing to donate through payroll (if this an available donation method for the appeal):

(a) you agree to allow your Company to directly deduct your pledged donation amount from your salary or wages in accordance with your Company’s payroll 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.

3.7 By choosing to donate through credit card, (if this is an available donation method for the appeal):

(a) you understand and accept that you will be directed to a credit card payment gateway managed by a Payment Processor, 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.

3.8 For Appeals to benefit Australian charities, donations may facilitated through one of Catalyser’s partner donor-advised Public Ancillary Funds (“PAF”), that are registered by the Australian Charities and Not-for-profits Commission (“ACNC”) and that are endorsed by the Australian Taxation Office as a Deductible Gift Recipient (DGR-2 status) (“Catalyser Partner PAFs”). Catalyser Partner PAFs receive and passes through donations to a range of registered Australian charities with Deductible Gift Recipient (DGR) -1 status.

Catalyser Partner PAFs are:

PayPal Giving Fund Australia (“PPGF”) (ABN 65 106 950 945), a PAF and charity registered with the ACNC. Donations processed through PPGF will be subject to its terms, including fees charged, which may change from time to time. PPGF sends funds, minus processing fees of 1.1% + AUD $0.30 to recommended charities, typically within 45 days (90 days if the charity has not enrolled); or
Intelligent Foundation (IF), (ABN 48 156 978 613) the donation is made), a PAF and charity registered with the ACNC. Donations processed through IF will be subject to its terms, including fees charged, which may change from time to time. IF sends funds, minus processing fees of 2.6%-2.9%, to recommended, typically within 45 days, subject to a minimum disbursement amount of AUD50 for a charity.

In the rare event PPGF or IF can’t fund a chosen charity, it will (whenever possible), it and Catalyser will reassign the funds to a similar charity. Refunds may be granted at PPGF’s or IF’s discretion. Refer to PPGF’s and IF’s refund policy for more information.

Catalyser may charge a payment processing fee based on an agreed rate with the charity and your Company that may be deducted from the funds sent by PPGF or IF to the charity or may be charged separately.

3.9 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.

3.10 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 Disclaimer

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, Australia.

Contacting Catalyser

If you have any questions or issues regarding our Privacy Policy or Terms and Conditions, please contact us at support@catalyser.com.

GiveBack Card Impact Hub Platform

End User License Agreement and Terms and Conditions

Version: December 2023

Thank you for logging on to this platform for redeeming your charity GiveBack Card (“GiveBack Card Impact Hub”) built by Catalyser Pty Limited (ABN 49 600 025 214) (“Catalyser”).

By accessing the GiveBack Card Impact Hub, you are agreeing to the following terms and conditions (“Terms”), which you should review carefully. You should not access or use the GiveBack Card Impact Hub if you do not accept these Terms.

1 GiveBack Card overview

1.1 Catalyser has partnered with Prezzee Pty Limited (ABN 16 602 963 422), a digital gift card re-seller who re-sells gift cards to both consumers and businesses (“Prezzee”), to provide digital GiveBack Card that will be sold to consumers and businesses to enable recipients to direct donations to preferenced charities selected by the Give-Back Card recipient.

1.2 GiveBack Cards will be sold by Prezzee via its website in accordance to Prezzee’s terms and conditions.

1.3 A purchaser of a GiveBack Card is making a donation to Catalyser’s partner Intelligent Foundation Ltd (ACN 647 111 402) in its capacity as trustee for Intelligent Foundation (ABN 48 156 978 613) (“IF”), a registered charity with the Australian Charities and Not-for-profit Commission and is endorsed as a deductible gift recipient with the Australian Taxation Office.

1.4 IF makes grants to preferred charities according to the Donation Delivery Policy, and charities typically receive funds minus fees of 6% charged by Catalyser and fees charged by IF within 45 days of your donation.

1.5 The purchaser of the GiveBack Card, that is an Australian tax resident, may be eligible for a tax-deduction for the face value of the GiveBack Card as a charitable donation.

1.6 Prezzee charges a sender fee of 5% to the purchase price of the GiveBack Card. This fee is paid at the time of purchase on the Prezzee website and is not tax deductible.

2 GiveBack Redemption and Donations to Charities

2.1 The recipient of the GiveBack Card will be directed to the GiveBack Card Impact Hub website to make their donation nomination to a selection of Australian DGR-1 status charities that have agreed to participate in the program (“Featured Charities”). Each Featured Charities has been verified and onboarded by Catalyser. The selection of charities may be updated by Catalyser and Prezzee from time to time.

2.2 The recipient will be able to see the donation balance of their GiveBack Card and can direct the balance to one of a number of Featured Charities.

2.3 The recipient of the GiveBack Card has 6 months to select the Featured Charity or Featured Charities that will receive the donation. If no nomination is made, or there is remaining donation balance after 6 months, un-directed funds will be donated to Featured Charities selected by Catalyser and Prezzee.

2.4 The recipient of the GiveBack Card will receive an email from Catalyser confirming their redemption of the GiveBack Card.

2.5 The recipient of the GiveBack Card and any other users may also make additional credit or debit card donations to Featured Charities on the GiveBack Card Impact Hub. A donation receipt will be sent for credit or debit card donations which may be tax-deductible for Australian tax residents.

3 Data Privacy and Personal Information

3.1 Prezzee will pass on the following personal information of a GiveBack Card purchaser to Catalyser to facilitate the sending of a donation invoice:

First name and last name

Company name (for business purchaser)

Email address

Donation amount

3.2 The recipient of a GiveBack Card may be asked for personal information including first name, last name and email address during the redemption of donation process on the GiveBack Card Impact Hub. This information will not be passed on to Featured Charities without consent.

3.3 Catalyser may share anonymised, aggregated donor information to Featured Charities and Prezzee and use this information for marketing and product development purposes.

General Terms relating to use of the Catalyser Workplace Giving and Social Impact Platform, GiveBack Card Impact Hub and other Catalyser products

Version: November 2023

Thank you for logging on to a social impact software product, platform or service, including our workplace giving platform and GiveBack Card impact hub, (“Catalyser Product”) built by Catalyser Pty Limited (ABN 49 600 025 214) (“Catalyser”).

By accessing a Catalyser Product, you are agreeing to the following terms and conditions (“Terms”), which you should review carefully. You should not access or use a Catalyser Product if you do not accept these Terms.

Intellectual Property

4.1 You acquire no rights or license in or to the Catalyser Product or its content other than the limited right to use a Catalyser Product in accordance to these Terms.

4.2 You may only use the content on the Catalyser Product 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 Catalyser Product, its content or software code.

4.3 Certain software, processes any other content on the Catalyser Product may be stated to be subject to special or additional rules or conditions which will form part of these Terms.

4.4 The Catalyser Product may contain third-party content or hyperlinks to third party websites, such as links to charity websites. Catalyser is responsible or liable for the content of any third-party source and the inclusion of a hyperlink on the Catalyser Product is not an endorsement, approval or recommendation of the linked website or its content.

4.5 The Catalyser Product may contain trade marks and copyrighted materials (such as those belonging to charities or Catalyser) that are protected by law. You may not use such trade marks without the owner’s prior written consent.

5 Disclaimer

5.1 Your use of the Catalyser Product and reliance upon any information provided is entirely at your own risk.

5.2 While the Catalyser Product has been developed with the due care, diligence and in accordance with best software standards, Catalyser cannot guarantee that information and files on the Catalyser Product will always be secure, free from digital viruses or other faults and defects. Catalyser disclaims 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 Catalyser Product.

5.3 Catalyser is not responsible for any delay, failure, interruption, corruption or misuse of any data, content or information transmitted through the Catalyser Product 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 Catalyser Product.

6 Limitation of liability

6.1 Catalyser disclaims all liability and responsibility for failure to perform any obligations under these Terms and in relation to its provision of Catalyser Product 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 the Catalyser Product 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 Catalyser Product.

7 General Terms

7.1 These Terms may be amended at any time and the most current terms will be found on the Catalyser Product. Your continued use of the Catalyser Product 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 Catalyser Product shall be resolved through discussion and alternative dispute resolution mechanisms.

7.3 These Terms are governed by the laws of New South Wales, Australia.

Contacting Catalyser

If you have any questions or issues regarding our Terms and Conditions, please contact us at support@catalyser.com.