Terms and Conditions for Goodwill Bills

 

These are the terms and conditions of registration with the Goodwill Bills website and use of our services that you are agreeing to as either a customer/donor, or a nominated charity or not for profit .

 

Version 1.0 Last Updated 8th October 2015

 

BACKGROUND:

A. Goodwill Bills is a company that markets the services of business providers to customers who wish to support charities and not for profit groups of their choice with a gift of a proportion of certain trailing fees, discounts or other incentives offered to them by the business provider.

B. Goodwill Bills acts as the agent of the customer to make this gift to the charity or not for profit of their choice.

C. Goodwill Bills also solicits and receives further donations from the public as an agent of the charity or not for profit concerned through the website www.goodwillbills.com.au (Website). 

D. Goodwill Bills receives an upfront fee from business providers and retains 20% of the ongoing trailing fees offered to our customers by business providers in order to sustainably provide its services.

E. Goodwill Bills has entered into detailed agreements with various business providers to offer these services and the terms and conditions of those agreements are not inconsistent with these general terms and conditions.

F. The Website allows customers to nominate which charities or not for profits they wish to support and for those charities or not for profits to register with the website in order to receive support.

G. Goodwill Bills acts as the agent of the charities and not for profit concerned to issue receipts for gifts on their behalf and to remit donations to them.

H. The customer and charity or not for profit concerned wish to register with Goodwill Bills on the terms and conditions set out in these Terms and Conditions.

 

 

Date and Agreement 

You agree that from the date you indicate your acceptance of these terms and conditions (Terms and Conditions) on the online registration form by ticking the ‘I agree’ button on the Website as described in these Terms and Conditions and clicking ‘Continue’ you will be bound by them. 

 

Parties

1. Goodwill Bills Pty Ltd (ACN 606 264 804) of Level 2, 108 Power Street, Hawthorn Vic. 3122 (“Goodwill Bills”) and

2. The charitable or not-for-profit entity described in the online registration form and who has ticked the ‘I agree’ button on the Website (“Charity or Not For Profit”) and

3. The customer described in the online registration form and who has ticked the ‘I agree’ button on the Website (“Customer”).

 

 

Interpretation

In the interpretation of these Terms and Conditions, unless the context or subject matter otherwise require: 

(a) singular includes plural and vice versa;

(b) any gender includes every gender;

(c) a reference to a person includes corporations, trusts, associations, partnerships, a Government Authority, and other legal entities, and where necessary, include successor bodies;

(d) references to writing include printing, typing, facsimile and other means of representing or reproducing words, figures, drawings or symbols in a visible and tangible form, in English; 

(e) references to signature and signing include due execution of a document by a corporation or other relevant entity, including electronic signature; 

(f) references to months mean calendar months;

(g) references to statutes include statutes amending, consolidating  or replacing the statutes referred to and all regulations, orders in-council, rules, by-laws and ordinances made under those statutes;

(h) references to sections of statutes or terms defined in statutes  refer to corresponding sections or defined terms in amended, consolidated or replacement statutes; 

(i) where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning; 

(j) each paragraph or sub-paragraph in a list is to be read independently from the others in the list; 

(k) a reference to a party includes that party's executors, administrators, substitutes, successors and permitted assigns.

 

Term and termination

These Terms and Conditions apply from the date you accept them on the Website and continue until terminated. A party may terminate these Terms and Conditions by giving Goodwill Bills written notice. However if you terminate these Terms and Conditions Goodwill Bills obligations with respect to customer privacy, confidentiality and payment of any outstanding sums of money for donations in relation to fees it receives on your behalf will continue.

 

Agency

(a) A Customer who registers with the Website acknowledges you constitute Goodwill Bills as your agent for the purpose of receiving payments from a business provider on your behalf and distributing them to a Charity or Not For profit of your choice who is registered with the Website.

(b) A Charity or Not For Profit that wishes to receive donations from a Customer must register with the Website and when it registers with the Website acknowledges that it constitutes Goodwill Bills as its agent for the purpose of receiving donations on its behalf from Customers and issuing receipts on its behalf to customers in a form that complies with the Income Tax Assessment legislation of Australia.

(c) A Customer who registers with the Website may also use the facility to give further donations to a Charity or Not For Profit via the Website and in this case Goodwill Bills will act as the agent of the Customer to make the donation and the agent of Charity or Not For Profit to issue a receipt.

 

Fees

Goodwill Bills receives a variety of upfront fees from business providers per Customer that signs up to the various offers promoted on the Website. In addition, the Customer receives an annual trailing fee, 80% of which the Customer may agree to give to a Charity or Not For profit of their choice and 20% of which the Customer agrees to being retained by Goodwill Bills.

If the Customer agrees to make further donations to their Charity of choice or selected Not For Profit via the Website then the fees for these transactions will be a commission of 3.0% payable to Goodwill Bills plus a credit card fee of 1.5%.

 

Distribution of funds and receipts

Goodwill Bills will at the beginning of each quarter (Jan, Apr, Jul, Oct), provide the Charity or Not For Profit with a copy of an account setting out the amounts that have been given to it for the previous quarter and will distribute these amounts. Receipts to donors will be issued annually at the end of each financial year. Distribution of funds will be made by Goodwill Bills by means that it chooses as most convenient to its own operating procedures.

 

In the event that a Charity or Not For profit nominated by a Customer has not registered with our Website as a user of Goodwill Bills at the time a Customer accepts an offer from a business provider, Goodwill Bills will hold any trailing fees due to that Charity or Not For Profit for up to three months in order to attempt to fulfil the complete transaction including donation. However if after three months the charity or Not For Profit has not registered with the Website the Customer will either have to select another Charity or Not For Profit that is registered with the Website at this date or Goodwill bills will select a Charity or Not For Profit registered with the Website to donate the trailing fees to.

 

No encouragement of switching service providers

Goodwill Bills has obligations to the business providers who make available various offers on the Website not to remarket further offers for the same kind of business service from the Website during the term of any offer that the Customer has accepted, nor to encourage a Customer to switch from a business provider to any other business offering the same services. Therefore Goodwill Bills and any business entity related to it will not use the information or contact details collected from a Customer to encourage or offer this Customer to switch to a different provider for the same service without the prior written consent of the business service provider. Any charitable or not for profit entities who are registered with our Website agree that they will not remarket further offers of the provision of the same services to the Customer during the term of any offer that has been accepted by the Customer, nor will they encourage a Customer to switch from a business provider to any other business offering the same services.

 

Charity’s bona fides

Charities that register with our Website are responsible for confirming that they are registered charities in good standing with the Australian Charities and Not For Profit Commission (“ACNC”). Notwithstanding the nomination of a particular Charity or Not For profit by a Customer, Goodwill Bills reserves the right to withhold payments to this entity at any stage if it is suspicious of the bona fides of any entity until it is reasonably satisfied of its genuine charitable purpose and operation in accordance with the governance standards of the ACNC. The obligation to produce evidence to dispel any suspicion shall rest upon the Charity or Not For Profit concerned. A Charity or Not For profit group may also be rejected for acceptance and registration by us on the Website if a business provider of particular offers does not wish to be associated with this entity and notifies us that they will not support the donation of trailing fees to this particular entity.

 

Licences

(a) The Charity or Not For profit grants Goodwill Bills a non-exclusive, royalty-free world-wide licence to use their trademarks in connection with the Website.  This licence will automatically terminate upon the expiry or termination of these Terms and Conditions.

(b) The Charity or Not For Profit grants Goodwill Bills a non-exclusive, royalty-free world-wide licence to use, reproduce, adapt and communicate information provided by them for the purpose of inclusion on the Website, marketing or internal use by Goodwill Bills.  This licence will terminate 7 days after receiving written notice advising Goodwill Bills that they wish to terminate this licence.   

(c) Goodwill Bills grants the Charity or Not for Profit a non-exclusive licence to use the trademarks and marketing material supplied by Goodwill Bills in connection with the promotion of fundraising activity and the Website.

(d) The licence granted by Goodwill Bills will automatically terminate upon the termination of these Terms and Conditions.

 

 

Privacy of information and communication with Customers

Goodwill Bills acts as an intermediary between Customers, businesses and Charities and Not for Profits. To do this Goodwill Bills needs to collect, store, copy, transfer and use Customer contact details and other private information such as donations made via the Website. Goodwill Bills and the Charity or Not For Profit being supported by a particular Customer and the business the Customer signs up with, all agree to keep the Customer’s details and information private to at least the extent required by Australian Privacy Laws and only to disclose the Customer’s information to the extent that is needed to fulfil the obligations of the agreement entered into by the Customer under these terms and conditions. Under no circumstances will Customer information be sold or released to other Charities, Not For profits or commercial third parties.

 

The extent to which Charities and Not For Profits may use Customer information is set out below:

(a) Charities and Not For profits selected or nominated by a Customer may communicate with that Customer by email to an address supplied by Goodwill Bills

(b) There must be an option to automatically unsubscribe from emails for Customers whose email address has been obtained via Goodwill Bills.

(c) If the Customer consents to other means of communication with their Charity of choice or selected Not For profit then Goodwill Bills may disclose further personal information of the Customer that they have consented to

(d) Where requested by Goodwill Bills a Charity or Not For Profit will communicate with Customers messages agreed on with Goodwill Bills up to 4 times per year.

 

The extent to which Goodwill Bills may use customer information is set out below:

 

(a) Goodwill Bills will send thank you emails and receipts for donations to Customers

(b) Goodwill Bills will communicate information about the impact Customer donations are having, using information supplied by the relevant Charity or Not For Profit up to 4 times per year and will attempt to do this together with thank you emails and receipts

(c) Goodwill Bills may use Customer information to communicate with Customers about offers it can provide to switch business providers in an area of service other than one that has already been selected by a Customer.

 

Information to be provided by Charities and Not For Profits

Charities and Not For Profits that register with the Website will provide up to date information to Goodwill Bills in a form it reasonably requests that enables the promotion of that organisation’s purpose and which enables impact reporting information to be provided by Goodwill Bills up to 4 times per year.

 

Warranties

A Charity or Not For Profit who registers with the Website warrants that all information provided to Goodwill Bills and included on the Website:

(i) is true and correct;

(ii) is not misleading or deceptive, defamatory or obscene;

(iii) does not contain any instructions which if implemented might cause damage or injury to any person or property;

(iv) does not infringe a third party’s intellectual property rights; and 

(v) may be lawfully published by Goodwill Bills.

 

Goodwill Bills warrants that:

(i) they have obtained any registrations, permits, licences, consents or permissions that they are required to hold in order to validly request and accept Donations under these Terms and Conditions.

 

Variation of these terms

Goodwill Bills may make modifications, changes or variations of any term or condition of these Terms and Conditions, by notifying the Customer and Charity or Not For Profit  by email. Any modification or change to the Terms and Conditions will take effect after a period of 7 days has elapsed from the date email notification of the modification or change is made.

 

Governing law

 

These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in the State of Victoria, Australia.  Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those Courts.