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
(c) any entity or individual on whose behalf an individual or Beneficiary registers an
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);
(c) the Contribution target (Target) for that Campaign;
(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;
(c) if you are a Beneficiary of a Campaign, ensure all Contributions are used only
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;
(c) use, operate, copy, distribute, sell, sublicense, rent or modify the Platform,
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;
(c) if we reasonably consider that temporary suspension is necessary for the proper
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
(c) notify you of changes to the Platform or the Service through information 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;
(c) if you breach, or we reasonably believe you may or have breached, these
Terms of Use; or
(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
privacy policy can be viewed at https://notimidsouls.com/policies/privacy-policy. Our
privacy policy contains information about how you can gain access to or seek correction of
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
Terms of Use will remain otherwise in full force apart from the provision which will be
deemed deleted.
No right under these Terms of Use will be deemed to be waived except by the relevant
party.