Last updated August 2016
Thank You for agreeing to participate in the Corporate Citizen Workplace Giving Program (Program), whether as an Employer, as an Employee of an Employer or otherwise as an individual participant engaging directly with Corporate Citizen Pty Limited (Corporate Citizen).
The following terms and conditions (T&Cs) form a binding agreement between You and Us. Please review the following terms carefully. By clicking on the "I Accept" button when completing Your sign up to the Program (or checking an equivalent option in any hard copy form), participating in the Program, making a Donation or otherwise accessing any hard copy or online material associated with the Program, including individual login pages, Our website or mobile applications, You are agreeing to these T&Cs. If You do not agree to these T&Cs then You must cease to participate in the Program by notifying Corporate Citizen and/or Your Employer immediately.
The terms "Corporate Citizen", "Us", "We" or "Our" refers to Corporate Citizen Pty Limited (ABN 97 161 454 682). The terms "You", "Your", "User" or "Donor" refers to You as a participant of the Program.
1. The Program
1.1 Corporate Citizen has developed a fundraising/workplace giving program under which Corporate Citizen has entered or will enter into contractual arrangements with various charities to find opportunities for, and create and/or manage fundraising programs either with Employers (on behalf of their Employee Donors) and Individual Donors for the benefit of the charities where Corporate Citizen acts as agent for each applicable charity and each Employer (the Program).
2. Common Terms
2.1 Individual Donors and Employee Donors may register to participate in the Program directly with Corporate Citizen, including without limitation:
(a) in person;
(b) in hard copy form;
(c) through a web portal / online;
(d) through a mobile application or "app"; or
(e) otherwise by contacting Corporate Citizen directly (usually in response to a request from Corporate Citizen).
2.2 Individual Donors and Employee Donors must read, understand and agree to be bound by these T&Cs and Our Privacy Policy, a copy which can be found at http://www.corporatecitizen.com.au/terms-conditions and http://corporatecitizen.com.au/privacy-policy or otherwise obtained in hard copy directly from Corporate Citizen by contacting 02 8114 9770 or emailing info@corporatecitizen.com.au. Corporate Citizen will deal with Personal Information in accordance with Our Privacy Policy.
2.3 Individual Donors and Employee Donors, by participating in the Program, consent to Corporate Citizen providing their Personal Information to charities participating in the Program.
2.4 Employers, Individual Donors and Employee Donors acknowledge and agree that Corporate Citizen has no liability or responsibility for, and that You are solely liable and responsible for, Your own tax affairs, including obtaining any tax deduction with respect to Donations.
2.5 Individual Donors and Employee Donors warrant that all information provided by You (either directly or through an Employer) to Corporate Citizen:
(a) is true and correct;
(b) is not misleading, deceptive, defamatory or obscene;
(c) does not infringe a third party's intellectual property rights; and
(d) can be lawfully published by Corporate Citizen.
You will indemnify and keep Corporate Citizen indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of the above warranties.
2.6 Individual Donors, Employee Donors and Employers acknowledge and agree that Corporate Citizen will deduct a Donation Fee from each Donation, with the balance paid to the applicable participating charity.
2.7 Without limiting the manner in which instructions may be given, Individual Donors and Employee Donors may provide instructions in relation to their Donations by telephone to Corporate Citizen. In such circumstances, Corporate Citizen will provide written confirmation of any such instructions (which can include by email):
(a) in the case of Employee Donors, to the Employee Donor and his or her Employer; and
(b) in the case of Individual Donors, to the Individual Donor for direct debit purposes.
3. Employee Donors
3.1 If You are an Employee Donor in the Program You authorise Your Employer to deduct the amount nominated by You from Your salary for the purpose of making a Donation.
3.2 If the charity nominated by You is a “deductible gift recipient” (DGR) for the purpose of the Income Tax Assessment Act 1997 (Cth), the deductions will be made from Your pre-tax salary. If the charity is not a DGR, the deductions will be made from your post-tax salary.
3.3 If You are an Employee Donor You may withdraw Your authorisation in Clause 3.1 above at any time by providing written notice of Your withdrawal to Your Employer and Corporate Citizen. Corporate Citizen will process Your withdrawal as soon as possible upon receipt but taking into account any payments or processes that cannot be cancelled at that time. Such withdrawal by You constitutes Your termination of participation in the Program unless Your withdrawal relates to some but not all of Your nominated charities.
3.4 By participating in the Program, if You are an Employee Donor, You consent:
(a) to Your Employer providing Us with Your Personal Information;
(b) to Corporate Citizen contacting You to seek to continue Your involvement in the Program as an Individual Donor where:
(i) Your Employer ceases to be involved in the Program; or
(ii) You cease to be involved in the Program through Your Employer;
(c) to Corporate Citizen contacting Your Employer to inform the Employer that You have registered to participate in the Program.
3.5 If You are an Employee Donor You acknowledge and agree that:
(a) Your Employer will at all times be responsible for payroll functions associated with Your employment;
(b) Your Employer will provide You with details of Your Donations for tax purposes.
4. Individual Donors
4.1 If You are an Individual Donor participating in the Program You:
(a) appoint Corporate Citizen as Your agent to direct Donations made by You to participating charities;
(b) will be informed by Corporate Citizen of the manner in which Donations may be paid;
(c) acknowledge and agree that Donations are made on a post-tax basis given You are participating in the Program not through an Employer;
(d) must, when requested or required by Corporate Citizen, provide to Us records, data and other information and documents required for the Program and such information and documents must be in a format and medium requested or required by Us;
(e) must provide details of the charity(ies) You intend to support;
(f) immediately provide Corporate Citizen with any changes to Your personal details, Donation amounts and supported charity(ies);
(g) must ensure Your nominated account or credit card has sufficient cleared funds to enable Corporate Citizen to deduct, within the time specified, the amount of the Donation You have confirmed to Corporate Citizen You will be paying as part of the Program;
(h) contact Corporate Citizen immediately where Your credit card (if this is the chosen method of payment) is lost, stolen or cancelled. You acknowledge and agree that You will be responsible for any and all fees associated with Your failure to notify;
(i) comply with any applicable legislation associated with the Program.
4.2 In circumstances where a direct debit facility is provided and utilised by You as an Individual Donor:
(a) You authorise Corporate Citizen to debit Your nominated account on or around the 1st of each month for the amount of any Donation(s);
(b) You must contact Corporate Citizen by the following means to defer, cancel, alter or otherwise stop a direct debit payment, with 14 days' notice of such intention required:
(i) by phoning (02) 8114 9770 between 9am to 5pm weekdays (AEST or AEDST as applicable);
(ii) by emailing info@corporatecitizen.com.au;
(iii) by mailing Corporate Citizen – L6, 260 Elizabeth St., SYDNEY NSW 2000;
Until such time as such notification is provided to Corporate Citizen by You, We will continue to process payments as per Your original instructions to Us;
(c) You acknowledge and agree that a direct debit which would fall on a weekend or public holiday will be processed on the next business day;
(d) You must ensure that there are sufficient clear funds available in Your nominated account by the due date to permit payment of the debit. Should a debit be returned unpaid You agree to be responsible for any fees that are incurred against Your account by Your financial institution;
4.3 If You are an Individual Donor You acknowledge and agree that:
(a) as soon as practicable after Corporate Citizen receives from each participating charity a receipt for the aggregate amount received by that charity pursuant to the Program, Corporate Citizen will provide You after the completion of each financial year a written statement identifying:
(i) the aggregate amount of Donations received by Corporate Citizen from You during that financial year; and (ii) the aggregate amount paid by Corporate Citizen to each of the charities from the Donations received by Corporate Citizen from You during the financial year;
4.4 The Program with respect to an Individual Donor may be terminated by:
(a) Corporate Citizen providing You with 14 days' written notice;
(b) You by providing Corporate Citizen with 14 days' written notice.
4.5 An Individual Donor indemnifies and must keep indemnified Corporate Citizen against any and all claims, liabilities, obligations, damages, actions, suits, judgments, demands, proceedings, costs, disbursements and expenses, including reasonable legal expenses which Corporate Citizen may suffer, sustain or incur which arise directly or indirectly from an Individual Donor's breach of these T&Cs. Corporate Citizen is not liable to an Individual Donor for any claims or loss arising from or relating to any statement, representation, warranty, promise, undertaking or agreement in connection with the Program or as a consequence of or arising directly or indirectly out of the supply, performance or delivery of the Program.
4.6 These T&Cs, with respect to an Individual Donor, express the entire agreement between Corporate Citizen and the Individual Donor in relation to their subject matter and supersede and exclude any prior or collateral negotiation, understanding, communication or agreement by or between the parties in relation to that subject matter.
5. Confidentiality
5.1 You must keep any Confidential Information of Corporate Citizen that You may have access to as a participant in the Program strictly confidential and will not disclose it to any other party unless in accordance with law or where Corporate Citizen has provided You with prior written permission to do so.
5.2 Except as otherwise required by law You must immediately return, erase or destroy (at Corporate Citizen's election and request in writing) all materials in Your possession, custody or control containing Corporate Citizen's Confidential Information in the following circumstances:
(a) when that Confidential Information is no longer required for the purpose of the Program;
(b) on termination or expiry of these T&Cs and/or Your participation in the Program, but not before receipt of payment of all moneys due and or payable to Corporate Citizen; or
(c) if ordered by a competent court.
6. Dispute resolution
6.1 Notice of dispute
(a) If a difference or dispute arises between You and Corporate Citizen in connection with the subject matter of these T&Cs (together called a “dispute”), including a dispute concerning a claim:
(i) in tort;
(ii) under statute;
(iii) for rectification or frustration, or like claim available under the law governing these T&Cs, then either party must give the other a written notice of dispute adequately identifying and providing details of the dispute.
6.2 Conference
(a) Within 14 days after receiving a notice of dispute, the parties must confer at least once to resolve the dispute or to agree on methods of doing so. At every such conference each party will be represented by a person having authority to agree to such resolution or methods. All aspects of every such conference except the fact of occurrence will be privileged.
(b) If the dispute has not been resolved within 28 days of service of the notice of dispute, that dispute will be and is hereby referred to mediation.
6.3 Mediation
(a) If within a further 14 days after the 28 days referred to above (or such further period as agreed by them) the parties have not agreed as to:
(i) the procedures to be adopted for mediation;
(ii) a timetable for all steps in those procedures; and
(iii) the selection and compensation of the independent person required for such technique, the parties must mediate the dispute in accordance with the mediation Rules of the Australian Institute of Arbitrators and Mediators and the President of the Australia Institute of Arbitrators and Mediators or the President’s Nominee will select the mediator and determine the mediator’s remuneration.
6.4 Nothing in this clause will prejudice the right of a party to institute proceedings to enforce payment due under these T&Cs or to seek injunctive or urgent declaratory relief.
7. Limitation of liability
7.1 The liability of Corporate Citizen for a breach of these T&Cs, statutory cause of action, common law or tort (including negligence) in any way is limited as follows:
(a) Corporate Citizen will not be liable for any indirect or consequential loss or damage, notwithstanding anything else in these T&Cs; and
(b) otherwise in respect of all other claims or liability to You for all other proven loss and damage is limited, for an aggregate of all claims, to the amounts donated by You through Corporate Citizen to the charities nominated by You.
7.2 Corporate Citizen ’s liability for a breach of a condition or warranty implied by law that cannot be excluded, is limited to the extent possible, at Corporate Citizen ’s option, to:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
8. General Terms
8.1 Corporate Citizen may vary these T&Cs from time to time in order to ensure compliance with current laws and best practices. In such circumstances We will inform You of the amended T&Cs. Should You continue to participate in the Program after receiving the amended T&Cs You will be deemed to have accepted the T&Cs as varied.
8.2 Any notice or other communication to or by a party to these T&Cs must be in writing (which can include email) unless specified that telephone contact is permitted elsewhere in these T&Cs.
8.3 All records, programs, systems and documentation developed as a result of these T&Cs or the Program specific to Corporate Citizen or provided by Corporate Citizen to You are the absolute property of Corporate Citizen. Without limitation, Corporate Citizen has sole copyright to all those records, programs, systems and documentation and to all scripts used in connection with the Program.
8.4 You acknowledge and agree that Corporate Citizen may use, copy and edit, for its business purposes, any material submitted by You and, subject to You exercising Your right to unsubscribe, that You will receive marketing content from Corporate Citizen.
8.5 The rights of a party under these T&Cs are cumulative and not exclusive of any rights provided by law.
8.6 Any provision of these T&Cs which is invalid in any jurisdiction will be invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of these T&Cs or the validity of that provision in any other jurisdiction.
8.7 Any information You obtain in relation to the Program should not be considered professional or legal advice. Should You require such advice You should obtain this for Yourself at Your own cost and expense.
8.8 At times Corporate Citizen may provide unmonitored access to third-party websites/content. In such circumstances Corporate Citizen is acting as a venue/portal and has no liability based on, or related to, such third party content. Corporate Citizen does not control nor always review the websites which We may link and therefore cannot endorse the products, services, practices, policies or performance of the websites We link to. You should not treat any link as such endorsement or acceptance of veracity or value.
8.9 The presence of a charity on Our website does not indicate an endorsement by Us of the charity, the content and opinions incorporated in the charity's landing page or the fundraising activity promoted by it. It is Your responsibility to check that You are directing Your funds to the correct charity that you intend. Corporate Citizen does not accept any responsibility for Your charity selection or the use of any Donation by the charity.
8.10 You acknowledge and agree that access to Your personal login details associated with the Program by any other person or entity using Your registration information is not permitted and You are solely responsible for preventing such unauthorised use.
8.11 The content and information on Corporate Citizen's website and/or mobile applications (including but not limited to messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icon, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through Our website and/or mobile applications. Additionally You agree not to:
(a) use Our website or its contents for any commercial purpose;
(b) access, monitor or copy any content or information of Our website and/or mobile application using any robot, spider, scrape or other automated means or any manual process for any purpose without Our express written permission;
(c) violate the restrictions in any robot exclusion headers on Our website and/or mobile application or bypass or circumvent other measures employed to prevent or limit access;
(d) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us in connection with the website and/or mobile application or the Program.
8.12 Corporate Citizen does not guarantee that Our website or mobile applications will be free from viruses, or that access to either will be uninterrupted.
8.13 These T&Cs are governed by the laws of New South Wales.
9. Definitions
9.1 For the purpose of these T&Cs:
(a) Confidential Information means all information relating to an Employee Donor or Individual Donor and information concerning an Employer's or Corporate Citizen's business including, but not limited to, the Employer's and Corporate Citizen's work procedures, processes, operations, products, marketing strategies, financial and performance results, employees, members, supporters, activities, services, affairs or businesses, handbooks, standards, technical knowledge, concepts, ideas, designs, programs, data or application systems codes, devices and association documents or information and whether owned by, licensed to, or otherwise in the power, possession or control of the Employer or Corporate Citizen, but excluding any information which is generally available in the public domain;
(b) Donation means the gross amount paid by an Employer, Individual Donor or Employee Donor to Corporate Citizen pursuant to the Program from time to time;
(c) Donation Fee means a fee deductible by Corporate Citizen from any Donation payable to a participating charity pursuant to the Program;
(d) Employee Donor means an individual who participates in the Program as an employee via their Employer;
(e) Employer means the employer of an Employee Donor who participates in the Program;
(f) Individual Donor means an individual other than an Employee Donor who participates in the Program directly with Corporate Citizen;
(g) Personal Information has the same meaning as set out in the Privacy Act 1988 (Cth) and includes personal contact information and other relevant employment information. Further details can be obtained via Corporate Citizen's Privacy Policy; and
(h) Program has the meaning given to it in Clause 1 of these T&Cs.