Terms and Conditions
1. Contractual Effect
- The provisions set out below (Terms and Conditions) regarding the Yoinki Platform govern your use of:
- the Yoinki mobile phone app (App);
- the website located at http://www.yoinki.com (Website); and
- the content contained within the App and the Website, including but not limited to, text, graphics, icons, advertisements, photographs, databases, trade marks and other information (Content),
(collectively the Licensed Material).
- A reference to “you” or “your” in these Terms of Conditions is a reference to the App and/or Website user as nominated in the user details used to apply for access, who has been provided with secure login details (in the form of an account number and password) to access the Licensed Material.
- A reference to “dollars” or “$” in these Terms and Conditions is a reference to Australian dollars.
- If you disagree with any of these Terms and Conditions or do not intend to be bound by any of these terms and conditions, do not create an account, and do not access or otherwise use any of the Licensed Material. If, after accepting these Terms and Conditions, you no longer wish to be bound by them, you should immediately cease to use the Licensed Material, and de-activate your account with us (CH Account).
- CH reserves the right to modify these terms and conditions upon notice to you at any time. You will be given notice of any modifications at the email address associated with your CH Account. By continuing to use the Licensed Material after any such modifications come into effect, you agree to be bound by the revised version of the Terms and Conditions.
2.1 Donation Services
- The Licensed Material includes mobile and website applications, which enable end users to make donations (which may be tax deductible subject to personal tax circumstances) to third party charity partners of CH (Charity Partners). These donations can be made by:
- making one-off donations to Charity Partners;
- allowing a set amount of your choice to be automatically donated to Charity Partners on a recurring basis (Recurring Donations); and
- any other methods of making donations to Charity Partners, as made available by CH from time to time, in the spirit of those methods referred to in clauses 2.1(a)(i) and 2.1(a)(ii),
(collectively the Donation Services).
- CH offers no tax advice regarding the tax treatment of your donations. If you are uncertain, you should seek your own independent professional advice.
- CH reserves the right to modify any of the Licensed Material at any time. Where CH deems it to be appropriate, CH will provide you with notifications of any such modifications, but you agree and accept that CH is not obliged to do so.
- CH, in promoting any Charity Partner, has relied on the information provided to CH by that Charity Partner, as well as that Charity Partner’s tax endorsements and charitable status. CH does not accept any liability or accountability in relation to agreements or otherwise that result from any arrangement between you and a Charity Partner.
- You warrant to CH on an ongoing basis that;
- all information provided by you (including, but not limited to, information you provide on your education, work experience and skills) is entirely accurate and complete as at the date provided;
3. Grant of Licence
- CH provides you with a non-exclusive, non-transferable, non-sublicensable, worldwide licence to:
- download, access and use the App and the Website, solely in connection with your use of the Services;
- access and view all Content,
subject to you complying with these Terms and Conditions.
- You must not:
- use the Licensed Material in any way that could damage:
- the reputation of CH;
- the reputation of the Charity Partners; or
- the goodwill or other rights associated with the Licensed Material;
- permit any person (including yourself) to link to any page containing any part of the Licensed Material without CH’s written consent (this excludes sharing to social media);
- reproduce the Licensed Material, except where:
- CH has granted consent to reproduce the Licenced Material; or
- reproducing elements of the Licenced Material using mechanisms offered and authorised by CH on the App or Website, for example, mechanisms to share Licensed Material to social media;
- create any derivate works based on the Licensed Material;
- de-compile, disassemble or otherwise reverse engineer any of the Licensed Material or permit any third party to do so; or
- attempt to gain unauthorised access to any data held by CH.
- use the Licensed Material in any way that could damage:
4. Intellectual Property
- In this clause 5, Intellectual Property Rights means all intellectual property rights, including but not limited to all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
- Nothing in these Terms and Conditions constitutes a transfer of any Intellectual Property Rights from CH to you or any third party.
- You acknowledge that CH owns all Intellectual Property Rights in the Licensed Material (except for any content which is licensed from a third party to CH).
- You warrant that you will not directly or indirectly do anything that would or might invalidate or put in dispute CH’s title in the Licensed Material (except for any content which is licensed from a third party to CH).
5. Third Party Websites
- CH may provide links to third party websites in the Licensed Material. You acknowledge that CH has no control over the content of these third party websites.
- The inclusion of a link to a third party website in the Licensed Material does not convey CH’s endorsement or approval of the content on that website.
- CH does not guarantee the safety of any third party websites which are linked in the Licensed Material. CH recommends that you make your own enquiries regarding the safety of any third party websites, and that you read and assess their privacy policies.
- CH takes no responsibility for any losses suffered as a result of accessing third party websites linked in the Licensed Material.
- You warrant that:
- all personal or sensitive information you provide to CH will be accurate, and that you will inform CH as soon as you become aware that information provided is no longer accurate;
- you will not create a CH Account for anyone other than yourself, and you will not create more than one CH Account;
- if CH disables your CH Account, you will not create another one without our permission;
- you will not transfer your CH Account to anyone, or allow any third party to use your CH Account, without first obtaining our written permission; and
- if you become aware of any third party using your CH Account, you will immediately notify CH, at which point CH has the right to de-activate your CH Account.
- When you use a device to access the App, the device may ask for your permission to access your content and information, as well as content and information that others have shared with you. Your agreement with that device service provider will control how the device can use, store, and transfer that content and information.
- By accepting these Terms and Conditions, you consent to CH direct debiting any funds payable under these Terms and Conditions from a credit or debit card which you nominate to be used to pay donations (Nominated Card) in accordance with this clause 8, or any other donation methods provided by CH, and which are nominated by you.
- CH is not responsible for any overdraft, interest payments, late fees or any other similar charges which arise as a result of payments from your Nominated Card in accordance with this clause 8, or any other donation methods provided by CH.
- You acknowledge that CH has entered into an agreement with The Big Difference Co Pty Ltd (ACN 621 044 111) As Trustee For The Big Difference Foundation (ABN 80 865 822 523) (PAF), a public ancillary fund, where the PAF is to be the immediate recipient of donations. Donations to the PAF may be deductible for you as deductible gifts under item 1 of the table in section 30-15 of the Income Tax Assessment Act 1997 (Cth) (ITAA 97), subject to your personal tax circumstances.
7.2 One-Off Donations
- The Donation Services provide a mechanism whereby you can make a one-off donation, of the amount of your choice, to your Nominated Charity(ies), via the PAF.
- Once CH has received your valid direction to make a one-off donation to your Nominated Charity(ies), via the PAF, the amount of your choice will be immediately debited from your Nominated Card and donated to the PAF, using one of CH’s third party partners which provide credit or debit card payment process settlement services (Payment Partner). When the Payment Partner has processed the payment, the amount will then be recorded as a non-refundable donation to the PAF, subject to clause 10(b).
7.3 Recurring Donations
- The Donation Services may provide a mechanism whereby you can make Recurring Donations to your Nominated Charity(ies), via the PAF. For this type of donation, the frequency and payment dates of the Recurring Donations will be nominated by you, and must be agreed to by CH.
- Once the frequency and payment dates have been agreed to by you and CH, the amount of your choice will be immediately debited on each agreed payment date from your Nominated Card and donated to the PAF, using one of CH’s Payment Partners. When the Payment Partner has processed a payment, the amount will then be recorded as a non-refundable donation to the PAF, subject to clause 9(b).
You acknowledge that the PAF will deduct;
- 5% (five percent) of your donation using any donation method provided by CH pursuant to these Terms and Conditions to be put towards payments to third party service providers; and
- An additional 2.9% (two point nine percent) plus $0.30 (thirty cents) of your donation using any donation method provided by CH pursuant to these Terms and Conditions to be put towards transaction fees,
before donating the remainder to the Nominated Charity(ies).
7.5 Payment of Donations
- Any interest earned on money held by the PAF before passing it onto the Nominated Charity will be retained by the PAF.
- A deductible tax invoice for your donation will be available on the App or the Website, within twenty-eight (28) days after the donation is made. You acknowledge that the invoice will be issued by the PAF, although the invoice may use the Nominated Charity’s branding and, as an annexure, state your request for the funds to be donated to the Nominated Charity.
7.6 Cessation of Recurring Donations
If, using the relevant option on the App or Website, you provide CH with a direction to cease making Recurring Donations (Cessation Direction), CH will cease doing so immediately.
7.7 Other Changes
You may amend the Nominated Card or Nominated Charity at any time using the relevant option on the App or the Website, and the change will be processed immediately..
- CH will provide you with an annual statement setting out the total amount of donations debited from your Nominated Card pursuant to the Donation Services during the previous financial year.
- The statement referred to in clause 9(a) shall be provided no later than twenty (20) Business Days after the end of the previous financial year.
- At any time, you may request a statement setting out the total amount debited from your Nominated Card during the current financial year, and CH shall provide it to you within twenty (20) Business Days of the request.
- The statements given pursuant to clauses 9(a) and 9(c) shall indicate the deductibility of your donations as deductible gifts under item 1 of the table in section 30-15 of ITAA 97, subject to your personal tax circumstances.
- Once any donation has been deducted from your Nominated Card pursuant to the Donation Services, it cannot be refunded, subject to clause 10(b).
- If a donation has been deducted from your Nominated Card due to an error on our part, upon notification of the error we will immediately refund the amount deducted due to the error, and all associated transaction costs will be borne by us.
- While we endeavour to ensure the accuracy and completeness of the Licensed Material, that Licensed Material may contain errors and omissions and is liable to change. We make no warranties and accept no responsibility for any loss or damage you may suffer as a result of your reliance on any of the Licensed Material (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material).
- While we endeavour to provide a fully operational service for the App and the Website, we cannot guarantee uninterrupted access to the App and the Website. To the full extent permitted by law, CH excludes all liability in respect of loss of data, interruption of the function of the App and/or the Website or any consequential or incidental damages.
- To the full extent permitted by law, CH excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
- Either party’s liability for any claim relating to these Terms and Conditions will be reduced to the extent to which the other party contributed to the damage arising from the claim.
- These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, CH limits its liability in respect of any claim to, at CH’s option:
- the supply of the Services again; or
- the payment of the cost of having the Services supplied again.
- The agreement created by these Terms and Conditions will be immediately terminated if:
- you deactivate your account, using the process contained within the App and the Website; or
- you commit a breach of these Terms and Conditions, and CH decides to deactivate your account and terminate the Terms and Conditions as a result. You will be notified to your nominated email address if this occurs.
- The terms of clause 8.6 surrounding the timing of the cessation of donations will apply if these Terms and Conditions are terminated, as if the termination were a Cessation Direction.
- Clauses 3, 4(b) and 5 survive the termination of the agreement created by these Terms and Conditions.
- These Terms and Conditions are to be governed by and construed in accordance with all applicable laws in force in the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of the state of New South Wales.
- A provision of these Terms and Conditions which can and is intended to operate after its conclusion will remain in full force and effect.
- A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or the exercise of any other right. A party will not be liable for any loss, cost or expense of any other party caused or contributed to by any waiver, exercise, attempted exercise or failure to exercise, or any delay in the exercise of, a right.
- If any clause or part of a clause of these Terms and Conditions is invalid, illegal, unlawful or otherwise incapable of enforcement, that clause or part of a clause will be deemed to be severed from these Terms and Conditions and of no force and effect. All other clauses and parts of clauses of these Terms and Conditions, however, will nevertheless prevail and remain in full force and effect and be valid and fully enforceable.
- These Terms and Conditions form the entire agreement between the parties and supersedes all other communications, negotiations, arrangements and agreements, whether verbal or written, between the parties in respect of the subject of these Terms and Conditions.
- If you have a query regarding these Terms and Conditions or for further information on using the Licensed Material, please contact us at:
P.O. Box 1856