Crowdfunding | No Timid Souls

No Timid Souls Crowdfunding Platform Terms of Use

Updated 14 November 2022

The "No Timid Souls Crowdfunding" platform at www.crowdfunding.notimidsouls.com (Platform) is

provided by No Timid Souls Pty Ltd (ABN 27 647 729 833) (we, our and us). For the purposes of

these Terms of Use, “include”, “includes”, “including” and “for example” are not words of limitation.

The Platform allows you to: (i) organise a crowdfunding fundraiser campaign (Campaign) for an

athlete (a Beneficiary) and receive funding contributions as part of that Campaign (Contributions);

(ii) provide Contributions towards a Campaign (those who do so being Contributors); and (iii) provide

public comments on a Campaign where permitted by the Platform (those who do so being

Commenters) (collectively, the Service). If you are organising a Campaign for a Beneficiary

(including where you are the Beneficiary), you will be considered an Organiser of that Campaign for

the purposes of these Terms of Use.

Use of the Platform and the Service is subject to these Terms of Use.

By applying for or registering an account on or otherwise using the Platform or the Service, you will be

deemed to have accepted and agreed to be bound by these Terms of Use as updated from time to

time. If you do not agree to these Terms of Use, or any changes to them, do not apply for, register on

or use the Platform or the Service.

1. Who do these Terms of Use apply to?

1.1 These Terms of Use apply to:

(a) any individual who registers an account on the Platform;

(b) any individual who accesses or uses the Platform or the Service; and

account on or accesses or uses the Platform or the Service (including an

Organiser),

each being referred to as 'you' or 'your' in these Terms of Use.

1.2 By accessing and using the Platform or the Service, you warrant that you have the

authority of any entity on whose behalf you represent or purport to do so to legally bind that

entity to these Terms of Use. You must inform any entity you represent of these Terms of

Use and its responsibilities under these Terms of Use.

2. Service specific terms and conditions

2.1 The Service is solely for administrative use. We are not a broker, agent, financial

institution, creditor or non-profit organisation.

2.2 We do not endorse any Campaign or Beneficiary, or your use of the Platform or the

Service, except as agreed with us in writing.

2.3 The Services may be subject to specific additional terms and conditions, disclaimers or

notices displayed on the Platform from time to time (Additional Terms).

2.4 You agree to read and comply with any Additional Terms presented to you on the Platform.

By accessing or using the Service, you will be deemed to have accepted and agree to be

bound by any Additional Terms that apply to the Service.

3. Use of the Platform

3.1 The level of access you have to the Service will depend on the type of user account you

have, including whether you are an Organiser, a Beneficiary, a Contributor or a

Commenter.

3.2 As a Beneficiary or an Organiser, you may be required to register with us before we

provide access to the Platform or the Service. We may accept or reject your application for

registration in our discretion.

3.3 Subject to these Terms of Use, we grant you a personal, non-exclusive and non-

transferable right to use the Platform.

3.4 You may use the Platform solely for your use of the Service.

3.5 You must ensure that all information you submit to us on the Platform or through the

Service is accurate and complete, including as part of the user registration process.

4. Creating Campaigns

4.1 If you are a Beneficiary of a Campaign, you must submit an application for that Campaign

to us before the commencement of the Campaign for our approval. The application must

set out:

(a) a description of the Campaign and its purpose (the Campaign Purpose);

(b) details of the Beneficiary of that Campaign (including contact details);

(d) the term of that Campaign (Campaign Term);

(e) payment details of the Campaign complying with these Terms of Use; and

(f) any other details requested by us.

4.2 If you are an Organiser of a Campaign, you acknowledge and agree that we may contact

the Beneficiary of the Campaign to inform the Beneficiary that you have applied for the

Campaign, and to verify the accuracy of the information provided in the application.

4.3 We may accept or reject your application for registration of a Campaign in our discretion. If

we approve a Campaign, we will either create that Campaign on our Platform or enable

you to create that Campaign on our Platform based on the details provided in your

application.

4.4 A Campaign will conclude at the end of the relevant Campaign Term, unless otherwise

agreed between us in writing or we terminate it earlier in accordance with these terms. If

Contributions meet the Target, the Campaign will conclude automatically, and you will not

be able to collect Contributions in excess of the Target, unless otherwise agreed between

us in writing.

4.5 We do not guarantee that any Campaign will achieve the relevant Campaign Purpose or

reach the relevant Target.

4.6 You must:

(a) if you are an Organiser of the Campaign, obtain the approval of the Beneficiary

of the Campaign, and ensure that you are authorised to disclose to us the

details of the Beneficiary and the Campaign contained in your application for the

Campaign before submitting the application;

(b) ensure that all details of any application you make for a Campaign are true and

correct, and otherwise make sure that any information you submit to us on the

Platform or through the Service in connection with the Campaign is accurate

and complete;

for the Campaign Purpose for that Campaign, or as otherwise directed by us in

accordance with these terms;

(d) if you are a Beneficiary of a Campaign, provide evidence at our request and to

our reasonable satisfaction that you have used the Contributions for that

Campaign for the relevant Campaign Purpose; and

(e) if you are a charity, maintain your registration as a charity and tax-exempt status

as required under law.

4.7 You must not use Contributions for a Campaign in a manner not described in the Purpose

for that Campaign, except as directed by us in accordance with these terms.

5. General requirements

5.1 You must not:

(a) provide false, misleading or deceptive information on the Platform or through

the Service;

(b) offer or provide goods or services on the Platform or through the Service except

as otherwise permitted by these Terms of Use;

except as expressly permitted by these Terms of Use;

(d) reverse engineer, decompile, disassemble or otherwise create or attempt to

create the source code of the underlying software for the Platform, or access

the Platform to develop a competitive product or service (except this sub-clause

will not apply to the extent the Copyright Act 1968 (Cth) prohibits such

restriction);

(e) operate the Platform for the benefit of a third party, including as a service

bureau, time share facility, outsourcing or otherwise, except as expressly

permitted by these Terms of Use;

(f) authorise or facilitate access to the Platform or the Service by anyone (other

than an Organiser, if you are a Beneficiary);

(g) attempt unauthorised access to the Platform or the Service, or any part of the

Platform or the Service, or any accounts, computer systems or networks of

others connected to the Platform, whether by password mining or other

methods;

(h) interfere with the use or operation of the Platform, the Service or any of our

equipment or seek to gain unauthorised access to any data hosted within the

Platform;

(i) use the Platform or the Service to store or disseminate material that is obscene,

contains personal attacks on individuals, is defamatory, abusive, pornographic,

threatening, or harassing, or infringes the intellectual property or other rights of

any other person;

(j) use the Platform or the Service to harvest, collect or publish any data or

personal information of others;

(k) use the Platform or the Service contrary to applicable law, including any

regulation or professional body rule; or

(l) send or post harmful computer programs or code in connection with the

Platform or the Service, such as a computer software commonly known as

“viruses”, “trojan horses”, “worms” or “ransomware”.

5.2 To the extent permitted by law, you indemnify us from and against any and all losses,

damages, costs, expenses and other liabilities that we may suffer or incur as a result of or

in connection with any breach of clauses 4.6, 4.7 and 5.1 above.

5.3 As a Beneficiary or an Organiser, to enable you to access the Platform with your account,

you will be required to establish a username and password (Login Information). You

must keep the Login Information confidential and secure and not permit any unauthorised

person to use the Login Information to access the Platform. We are entitled to assume that

all transactions using the Login Information are undertaken by the persons to whom we

provide that Login Information (unless you have told us that the Login Information has been

compromised).

5.4 You are responsible for obtaining and maintaining the hardware, software and internet

access required to access the Platform and the Service and ensuring that you meet any

minimum specifications published or supplied by us from time to time.

5.5 While we take all reasonable precautions to ensure that the Platform and the Service is

secure, no data transmission over the Internet can be guaranteed as totally secure.

Accordingly, you acknowledge that we cannot ensure the security of any information you

transmit to or from the Platform or the Service, and you access and use the Platform and

the Service at your own risk.

6. Organisers

If you are a Beneficiary of a Campaign, you:

(a) are responsible for the acts and omissions of the Organisers of the Campaign

as if they were your acts or omissions (whether such acts or omissions are

authorised or unauthorised by you); and

(b) must ensure that the Organisers comply with these Terms of Use in the same

manner and to the same extent as you are required to do so.

7. Access to the Platform and Service

7.1 Access to the Platform and the Service depends on telecommunications and internet

service providers, third parties and other external factors and we do not guarantee the

availability of the Platform or the Service at all times or at any specific times.

7.2 We may temporarily suspend all or part of your use of the Platform or the Service by you:

(a) for the purpose of planned maintenance or upgrade notified to you in advance,

or without notice if emergency maintenance is required;

(b) if misuse or illegal use of the Platform or the Service by you (or, if you are a

Beneficiary, any of your Organisers) occurs or is reasonably suspected by us;

operation of the Platform or the Service;

(d) if you (or, if you are a Beneficiary, any of your Organisers) engages in any

activity that interferes with or disables, overburdens, impairs or disrupts the

Platform or the Service, or any servers or networks connected to the Platform or

the Service, or your use of the Platform or the Service otherwise interferes with

use of the Platform or the Service by other users; or

(e) if you are in breach of these Terms of Use, until the breach is rectified.

7.3 You acknowledge and agree that we may:

(a) monitor use of the Platform and the Service by you, including to verify that the

Platform and the Service are being used in accordance with these Terms of

Use;

(b) make changes to the Platform or the Service, or discontinue the operation of the

Platform or the Service, at any time and with or without notice to you; and

notices available to you when you access the Platform or the Service.

These Terms of Use apply in all respects to functions or other aspects of the Platform or

the Service that are changed or added at any time.

8. Customer Data

8.1 As between us and you, we acquire no right, title or interest in or to Customer Data and will

not review, share or distribute Customer Data except as permitted in these Terms of Use

or required by applicable law. Solely in connection with the provision of the Platform and

the Service to you, you grant us a non-exclusive, perpetual, irrevocable, worldwide, free-of-

charge and transferable licence (with the right to sublicence) to use data provided to us by

you or on your behalf, including any comments made on a Campaign, in connection with

the use of the Platform or the Service, or that is otherwise generated, posted, compiled,

arranged or developed by you or on your behalf using the Platform or the Service

(Customer Data). For example, we may use your Customer Data to assist you in raising

Contributions for your Campaign, and maintain Campaign details on the Portal after the

Campaign Term.

8.2 Where Customer Data is in our possession or control, we will:

(a) take reasonable steps to maintain the security of the Customer Data; and

(b) comply with the Privacy Act 1988 (Cth) in relation to personal information in the

Customer Data.

However, you acknowledge that we cannot guarantee the security of Customer Data and

agree that all Customer Data is provided at your own risk.

8.3 We may access, use and analyse Customer Data used with the Platform and the Service

for the purposes of research and development or providing statistical benchmarking or

trend analysis to you and other persons, including the development of better Platform or

Service features for your use or comparative statistics against other Campaigns.

8.4 You are responsible (at your own cost) for backing up and maintaining copies of your own

Customer Data. We may (but are not obliged to) back up Customer Data, but will not

monitor or access backed-up Customer Data unless we reasonably consider such

monitoring or access is necessary for system recovery purposes in connection with the

Platform or the Service.

8.5 We will retain your own Customer Data in our possession or control for 30 days after

termination or expiry of these Terms of Use. On your written request, we will make your

own Customer Data available for export by you. After the expiry of that 30 day period, we

may delete your Customer Data and it will not be possible to recover your Customer Data

after that time.

9. Cookies

The Platform may use "cookies" or collect information from you. Our internet server may

automatically record details about any computer used to access the Platform (such as the

IP address, domain name and browser type), the date and time of access and details of

the information downloaded. This information is used for our internal statistical purposes

and to improve the Service.

10. Ownership of Our Content

10.1 Unless otherwise stated, the Platform, the Service and all information and materials

contained within or made available to you through the Platform and the Service (Our

Content) is owned by us or our licensors and is protected by intellectual property rights.

You may download and print copies of Our Content in the form in which it is displayed on

the Platform and the Service for your own private use. Except to the extent permitted by

non-excludable applicable law, you must not modify, copy, reproduce, sell, frame, scrape,

distribute to a third party or create derivative works from the Platform, the Service or any of

Our Content in any way except as expressly permitted within the Platform, the Service or

with our prior written permission. We reserve all rights in the Platform, the Service and Our

Content not expressly granted to you under these Terms of Use.

10.2 We do not guarantee the accuracy, completeness, timeliness or reliability of Our Content.

You acknowledge that all information and content accessed by you when using the

Platform or the Service is at your own risk.

10.3 If you make suggestions to us regarding changes to the Platform or the Service, including

new features or changes to functionality or performance, that we then adopt for the

Platform or the Service, such changes are deemed to be automatically assigned to us and

will become our sole and exclusive property free from any obligation of confidentiality.

11. Payment of Contributions

11.1 We do not charge any fees for use of the Platform or the Service.

11.2 As a Contributor, you may choose to make Contributions through the Service. If you

choose to make a Contribution, you must pay the Contribution directly to the relevant

Beneficiary of that Campaign. The relevant payment details for the Beneficiary will be

provided as part of the Campaign on the Platform. The Platform will facilitate such

payments in conjunction with our payment partners.

11.3 Depending on the payment method you select for the Contribution (including whether by

debit or credit card, direct debit or by bank transfer), additional payment terms and

conditions from your bank or payment card provider may apply. You may also be liable for

transaction fees issued by your bank or payment card provider. We will not be responsible

or liable for any transaction fees issued by your bank or payment card provider.

11.4 Contributions are considered non-tax deductible donations, and not equity-based or debt-

based crowdfunding. By making a Contribution, you will have no sponsorship rights in

relation to the Beneficiary or the Campaign. You should consult your financial advisor on

the tax implications of providing a Contribution.

11.5 To the extent permitted by law, Contributions are non-refundable except where such

Contributions cannot be used for the relevant Campaign Purpose and we make a direction

in accordance with these terms.

11.6 We do not withhold funds for tax purposes or otherwise. You will be solely responsible for

taxes that apply to the Contributions based on applicable law.

11.7 We are not responsible or liable for any Contributions made through the Platform or the

Service, or the use of the Contributions by a Beneficiary (including where we direct a

Beneficiary in accordance with clause 12).

11.8 While we may monitor Contributions for the purpose of providing the Service, we are not a

payment processor and do not receive or handle payment of Contributions.

11.9 Except for the last four digits of your debit or credit card number which are accessible as

part of the standard process of our payment provider, we cannot access and do not hold

any debit or credit card data that may be provided for payment of Contributions.

11.10 If you are a Beneficiary, you must register an account with a payment provider selected by

us (Payment Provider) before the commencement of the Campaign to receive

Contributions. If you do so, you will receive the Contributions directly from Contributors,

through the service provided by the Payment Provider. The Payment Provider’s fees,

terms and conditions can be found on its website and are accessible when you register for

their services. You agree to pay these fees (including by way as deductions from the

Contributions) and be bound by the Payment Provider’s terms and conditions. We will not

be responsible or liable for your use of the Payment Provider’s service, including any fees

payable for that service.

11.11 You agree that we may exchange information with the Payment Provider about you or any

Campaign of which you are the Beneficiary, for the purpose of operating the Platform or

the Service, including facilitating payment of a Contribution.

11.12 To the extent permitted by law, you indemnify us from and against any and all losses,

damages, costs, expenses and other liabilities that we may suffer or incur as a result of or

in connection with any breach of this clause 11.

12. Redistribution and Refund of Contributions

12.1 If you are a Beneficiary of a Campaign, and are unable to or do not use the Contributions

for the relevant Campaign Purpose, we may direct you on your use of the Contributions.

You must comply with these directions. These directions may include:

(a) using the Contributions for another equivalent purpose over a period of time; or

(b) refunding the Contributions to the Contributors.

12.2 If you are a Beneficiary of a Campaign and we direct you under clause 12.1 to:

(a) use the Contributions for another equivalent purpose, you must use the

Contributions only for that purpose (which will from that point be taken to be the

new Campaign Purpose for that Campaign); and

(b) refund a Contribution to the Contributor, you must refund that Contribution

immediately to the relevant Contributor through the payment method provided

by that Contributor to you.

12.3 You must immediately update the description of the Campaign to accurately reflect any

direction provided by us to you under clause 12.1 above. If you fail to update the

Campaign, we may update the Campaign on your behalf using the information you have

provided to us.

12.4 To the extent permitted by law, you indemnify us from and against any and all losses,

damages, costs, expenses and other liabilities that we may suffer or incur as a result of or

in connection with any breach of this clause 12.

13. Confidentiality

Our Content and any other information you become aware of via the Platform or the

Service (together, Confidential Information) is confidential to us and it is of the utmost

importance that you maintain its confidentiality. You must keep confidential and not

disclose to any third party any Confidential Information without our prior written permission,

except to the extent that such information is or becomes public knowledge without a

breach of confidentiality. The operation of this clause survives the termination or expiry of

these Terms of Use.

14. Liability

14.1 To the extent permitted by applicable law, the Platform, the Service and the information

provided through the Platform and Service are each provided to you "as is" and at your

own risk. We exclude and do not make or give any express or implied representations,

conditions or warranties in relation to the Platform, the Service and the provided

information. Without limitation, we do not warrant that the Platform or the Service will

operate uninterrupted, be free from defects or viruses or meet your requirements.

14.2 Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any

guarantee, warranty or other term or condition, implied or imposed by any legislation that

cannot lawfully be excluded or limited, including under the Australian Consumer Law. To

the maximum extent permitted by applicable law, our liability for any failure to comply with

any such right or remedy, guarantee, warranty or other term or condition is limited to (at

our option): (a) in the case of goods, the replacement of the goods or the supply of

equivalent goods, the repair of the goods, the payment of the cost of replacing the goods

or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;

and (b) in the case of services, the supply of the services again or the payment of the cost

of having the services supplied again.

14.3 Except as specified in this section and to the extent permitted by law, under no

circumstances will we be liable to you or any other person for any claim, loss, liability,

damages or expense whatsoever (including any special, consequential, indirect or

incidental damages) suffered or incurred under or in connection with these Terms of Use,

their subject matter or any access to or use of the Platform or the Service, regardless of

how they arise (whether in tort (including negligence), contract, statute or on any other

basis).

14.4 Given we do not receive any fee for the Platform or the Service, we will in no event be

liable to you or any other person for any lost profits, lost revenue, lost savings, lost

production, lost data, lost goodwill or reputation, or special, direct, indirect, punitive,

consequential or incidental damages, even if we have been advised of the possibility of

such loss or damage.

14.5 Any liability we have for breach of these Terms of Use or in tort or for any other common

law or statutory cause of action, which is not excluded by the preceding clauses, is limited

in the aggregate to the total amount paid by you to us for use of the Platform and the

Service in the 12 months preceding the event giving rise to the liability.

14.6 Our exclusions and limitations of liability in these Terms of Use apply regardless of the

basis on which they arise, whether in tort (including negligence), contract, statute or on any

other basis).

15. Suspension and Termination

15.1 To the extent permitted by law, we may terminate these Terms of Use immediately by

notice to you for any reason and without any liability to you, including:

(a) if for any reason we are not able to continue to provide the Platform or the

Service to you;

(b) if a third party product or service that we rely on fails;

(d) for convenience.

15.2 The notice referred to in clause 15.1 may be given directly to you, sent through the

Platform or the Service, published on our website or deemed to be given by us

discontinuing your access to and use of the Platform or the Service. We may also adopt

any other reasonable method of notification.

15.3 Upon termination or expiry of these Terms of Use, you must stop using the Platform and

the Service.

15.4 We may also suspend a Campaign, or your access to the Platform or the Service, for any

of the reasons referred to in clause 15.1 (including for convenience) and also if we need to

conduct scheduled or emergency maintenance in relation to the systems that support the

Platform or the Service.

16. Privacy – Collection Notice

We collect personal information about you when you register an account, make a

Contribution to a Campaign or request support on the Platform or the Service, including

your full name, email address and transaction details. We also collect information about

how you use the Platform or the Service. Except for the last four digits of your debit or

credit card number from our Payment Providers, we do not collect debit or credit card

details as part of the Platform or Service.

We collect this personal information for the purposes of providing you with the Service

offered on the Platform and any support requested by you through or otherwise in

connection with the Platform or the Service. We may also use the personal information to

perform analysis in relation to your use of the Platform or the Service, including to improve

the Platform and the Service and customise information for you. If we do not collect your

personal information, we may not be able to provide use of the Platform or the Service to

you, or improve your use of the Platform or the Service.

We may disclose personal information for these purposes to our related bodies corporate

and service providers located in Australia and outside Australia. In particular, we use

Stripe for payment, analytics and other business services. Stripe collects and processes

personal data, including identifying information about the devices that connect to its

services. Stripe uses this information to operate and improve the services it provides to us,

including for fraud detection and prevention. You can learn more about Stripe and its

processing activities via its privacy policy at stripe.com/privacy. Stripe may also transfer

your data to the European Union or the United States for the purpose of providing their

services.

We may also disclose personal information to the following service providers:

(a) Digital Ocean as an application server hosting provider in Singapore (see Digital

Ocean’s privacy policy at https://www.digitalocean.com/legal/privacy-policy);

and

(b) Sentry as an error tracking and logging service in the United States (see

Sentry’s privacy policy at https://sentry.io/privacy/).

If you have any concerns or queries about the way your personal information is managed

by us, you can contact us by email to customersupport@notimidsouls.com. A copy of our

personal information that we hold about you, as well as information about how you can

make a privacy complaint and how we will deal with any such complaint.

17. Third Party Websites

The Platform and the Services may provide or facilitate links or other features that allow

you to access other websites, platforms and services provided by third parties (Third Party

Websites). Your use of a Third Party Website may be subject to third party terms and

conditions. We have no control over such terms and conditions, any product, service or

content provided by these Third Party Websites. We are also not responsible and do not

endorse any Third Party Website.

18. Changes to these Terms of Use

We may amend these Terms of Use from time to time by posting the amended version on

the Platform. Subsequent or continuing access to or use of the Platform or the Service will

constitute acceptance of any changes.

19. General

You may not assign, transfer or otherwise deal with the rights under these Terms of Use

without our prior written consent.

These Terms of Use are governed by the laws of the State of Victoria, Australia and the

parties submit to the jurisdiction of the courts of Victoria in relation to any dispute arising

out of, or in connection with, any use of the Platform or the Service.

If any provision of these Terms of Use is held unenforceable or illegal for any reason, these

deemed deleted.

No right under these Terms of Use will be deemed to be waived except by the relevant

party.