TERMS AND CONDITIONS
If you are under 18 years of age, you must have your parent or guardian use the Services on your behalf (this applies to Donors and Team Bus Creators).
Team Bus is an online crowdfunding service and provides a platform to allow Users who comply with our Terms and policies to offer sell and buy certain goods, services or experiences for fixed prices. Team Bus allows Team Bus Creators to list Campaigns and raise funds through selling goods, services or experiences to Donors.
In these Terms the following terms have the following meanings:
- "Campaign" means the Team Bus fundraising campaign to be organised and run by the Team Bus Creator.
- "Campaign Conditions" means any donation targets, close dates, any terms, conditions, exclusions and limits applicable to Rewards including relating to eligibility, postage, collection, estimated delivery dates, time frames, returns, selling policies and exclusions.
- "Campaign Content" means any content, information, images, claims, quotes and details relating to the relevant Campaign, including information relating to the Campaign, any Campaign Conditions, and any names, logos and trade marks of the Team Bus Creator.
- "Campaign Page" means the page on the Team Bus website dedicated to the relevant Campaign.
- "Donor" means any person or entity that contributes to a Campaign.
- "Reward" means any good, service, experience or incentive offered by Team Bus Creators to Donors in consideration of their donation to a Campaign.
- "Team Bus Creator" means the person or organisation responsible for setting up, organising and running the Campaign.
- "User" means any user of the Service including donors and creators.
1. Log in
Users must be logged into do the following:
(a) create a Campaign;
(b) donate to a Campaign;
(c) post comments and send messages via the Services.
We encourage Users to create your account and log in via Facebook, please see information on this at: http://www.facebook.com/help/405977429438260/
. We will not post on Users' Facebook timelines unless we clearly state that we are doing so. You agree to keep your password and account details safe and secure.
Team Bus uses a NAB Transact payment gateway as its means of distributing and receiving funds. All transactions take place through NAB and they should be contacted for any questions regarding financial information. To start a Campaign, you must provide us with the BSB and account number for the bank account that is to receive funds from your campaign. It is the responsibility of the relevant User to ensure that this is set up correctly. Team Bus cannot guarantee the performance or reliability of the NAB online payment service.
Donations are charged immediately when payment is confirmed via the NAB payment gateway. Donations are received by the Team Bus bank account and the donation portion (less deductions as set out in part 3 below) is forwarded to the Team Bus Creator's bank account within 7 days of conclusion of a Campaign.
All donations are paid to the Team Bus Creator regardless of whether the Campaign target is met. Team Bus does not facilitate refunds of donations (unless there is a legal obligation to do so or where otherwise permitted under these Terms). Donations may not be cancelled or reversed once made, but you may make multiple donations. If for any reason Team Bus is required to refund monies to donors the Team Bus Creator will fully compensate Team Bus for the amount refunded as well as any associated costs, including without limitation any transaction or administrative costs.
We recommend you seek your own independent financial advice in relation to donations you wish to make or receive via the Services including tax deductibility.
We make no representations or warranties in relation to the appropriate use by Campaign Creators of funds raised by the use of the Services.
3. How does Team Bus get paid?
Team Bus automatically deducts a small 5.5% commission from each gross donation made via the Services. Our commission structure is subject to change and if it does change, this will only affect new Campaigns. Credit card transaction fees are also automatically deducted from each donation (2% transaction fee for every credit card transaction). If a Campaign does not raise any funds, no fees are payable. By default, Team Bus will not charge Donors, any fees are deducted from the total donation amount. In some cases a Team Bus Creator may choose to pass on campaign fees to donors, in which case this will be clearly stated on the donation payment page.
Please refer to the table below for a full breakdown of the fees for a standard donation:
% / $
For donation of $25
Team Bus Commission (inc GST)
Credit Card Transaction Fee
Amount received by Team Bus Creator
Additional NAB fees may apply to transactions made using foreign currencies or international credit cards.
You are solely responsible for all content that you post or communicate via the Services and for any activities that occur under your account. We make no warranties or representations about accuracy, reliability or otherwise of any information provided via the Services. We do not endorse and are not responsible for the reliability or accuracy of any statements, advice or opinions made by Users.
Users may post comments or questions in relation to a Team Bus on the relevant Team Bus page. These comments or questions and any answers will be displayed on the relevant page. If the Team Bus Creator posts contact details you may be able to contact them directly.
Unless indicated otherwise, we are not responsible for policing, monitoring, or editing content provided by Users via the Services, and shall not be responsible for exercising editorial control over such content. We do have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by Users and to ensure compliance with these Terms. We have the right and sole discretion to edit, hide or remove any content we find to be in breach of these Terms or otherwise objectionable for any reason. Users may also be suspended or banned if they post content in breach of these Terms.
Any communications posted or displayed openly on the Services will be able to be viewed by other Users of the Services (subject to any limits you place via the functionality on the Services). You should only provide content that you are comfortable sharing with others.
5. Team Bus Campaigns
Without in any way limiting any rights Team Bus may have under these Terms, Users agree and acknowledge that: (a) the Team Bus Creator is fully responsible for fulfilling all Campaign obligations and any claims made in relation to a Campaign, and for any Rewards offered including supplying Rewards to Donors or making alternative arrangements; (b) Rewards may be subject to additional Campaign Conditions as specified by the Team Bus Creator; (c) Team Bus simply provides the platform to facilitate Campaigns and the offering of Rewards and has no control over the performance of Campaigns, the quality or legality of Rewards or the ability of Team Bus Creators to deliver Rewards; (d) Team Bus is under no obligation to become involved in disputes between Donors and Team Bus Creators; and (e) to the extent permitted by law, Team Bus accepts no liability for any suits, claims, demands, actions, proceedings or loss arising out of any dealings or interactions found on or through the Team Bus Services, or out of any Campaign or any Rewards, including the delivery of any Reward or any terms, conditions or representations associated with Campaign listings.
Team Bus reserves the right, in its sole discretion, to the fullest extent permitted by law and for any reason: (a) to modify, suspend, terminate or cancel any Campaign and refund donations as appropriate; and (b) to modify these Terms, including without limitation if any Campaign is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Team Bus, including but not limited to technical difficulties, unauthorised intervention, fraud, accident or natural disaster, or if any problem with a Campaign or breach of these Terms becomes known to Team Bus, including if the recipient organisation considers the Campaign unsuitable or inappropriate.
6. Your Conduct
You agree that you will not use the Services for any purpose that is unlawful and will comply with all relevant laws and regulations. In particular you agree you will not:
(a) use the Services to send junk email, spam or chain letters or engage in unlawful marketing such as pyramid schemes;
(b) collect information of third parties by automated means (such as robots, spiders or scrapers) without permission;
(c) transmit or upload any material that contains viruses or any other harmful code;
(d) breach any laws or any copyright, patent, trade secret or other intellectual property, proprietary or privacy rights of any other party, or post any content that is copyright protected without the copyright owner's written permission to use it;
(e) interfere with, impair or disrupt the Services, or attempt to gain unauthorised access to any accounts, systems, services or information;
(f) bully, stalk, abuse, intimidate, harass, cause distress or inconvenience to any other person;
(g) restrict or inhibit any other User from using or enjoying the Services; or
(h) post or supply for publication via the Services any false, inaccurate, misleading, defamatory, discriminatory, racist, threatening, violent, obscene, offensive, obscene, graphic, pornographic, indecent, fraudulent or unlawful material;
(i) supply items that are illegal, hazardous, counterfeit, stolen or prohibited by our policies;
(j) attempt to bypass or otherwise circumvent the designated payment method provided via the Service; or
(k) misrepresent your identity or affiliation with any person or organisation.
You indemnify us including our officers, management, employees, agents and contractors for any loss, damage, claims, suits, proceedings or actions that may arise in connection with your conduct in using and accessing the Services or any breach of these Terms.
7. Team Bus Creator Terms
This part 7 shall form part of the Terms and apply solely to Team Bus Creators. Please note that Team Bus maintains sole discretion over eligibility of Team Bus Creators and suitability of Campaigns. Our review process, including eligibility guidelines, is set out more fully at http://teambus.com.au/cms/Review-Process which is subject to change at any time without notice.
7.1 Campaign Creation and Campaign Content
The Team Bus Creator acknowledges, warrants and agrees that:
(a) a Campaign will be created as follows: (i) the Team Bus Creator will create the Team Bus Campaign using the 'Create Team Bus' page http://teambus.com.au/projects/create/
and supply all Campaign Content proposed for incorporation into the Campaign Page, in such format as Team Bus may require; (ii) this will be submitted to Team Bus for review; (iii) Team Bus retains sole and absolute discretion in relation to the suitability of a Campaign for acceptance and reserves the right to request amendments to the Campaign or any Campaign Content; (iv) once approved the Campaign will be published on the Campaign Page;
(b) all Team Bus Creators are urged to develop and communicate clear and complete Campaign Conditions and will be responsible for enforcing and complying with those Campaign Conditions;
(c) it will be fully responsible for supplying all Campaign Content and all applicable Campaign Conditions, and ensuring that all Campaigns, Campaign Content and Campaign Conditions will be accurate and complete, not false, misleading or defamatory, not prejudicial to Team Bus' reputation, comply with all applicable Team Bus policies, Commonwealth and State laws, rules, regulations, codes and standards, and will not cause Team Bus to violate any laws, rules, regulations, codes and standards;
(d) it is the owner of (other than as expressly set out herein) all copyright and other intellectual property rights subsisting in the Campaign Content and has the right to licence such copyright and other intellectual property rights as contemplated by these Terms, and that the Campaign Content does not infringe any existing copyright or other intellectual property rights of any third party. The Team Bus Creator warrants that where any element of the Campaign Content is owned by a third party, it will either procure ownership of any intellectual property rights therein, or obtain all necessary approvals and clearances for the reproduction and use of such content on the Campaign Page, as contemplated by these Terms;
(e) it has relevant permission to use any images of persons aged under 18 who are recognisable on the Campaign Page (this page provides some guidelines on use of children's images: http://www.aifs.gov.au/nch/pubs/sheets/rs18/rs18.html
(f) Team Bus reserves the right to (i) require changes to any Campaign Content including in relation to the format, layout, ‘look and feel’, positioning and final publication details of the Campaign Page in its sole discretion; (ii) reject any proposed Campaign Content submitted by the Participant which it deems, in its absolute discretion to be unsuitable or in breach of these Terms or Team Bus guidelines; and (iii) to suspend, cancel or modify the Campaign if this is deemed necessary; and
(g) Team Bus will not be liable in respect of any loss or damage suffered by the Team Bus Creator and/or any third party arising in relation to any errors, omissions, inaccurate information or unlawful or inappropriate content on the final Campaign Page.
7.2 Conduct of Campaigns
The Team Bus Creator acknowledges, warrants and agrees that:
(a) it has the full right title and authority to conduct the Campaign on behalf of the recipient organisation, and it will ensure prior to commencing a Campaign on behalf of a recipient organisation that the organisation in question has no objection to the nature of the proposed activity;
(b) it is responsible for the conduct of the Campaign and any associated costs and expenses, including co-ordinating the Campaign, fulfilling and honouring any valid claims for Rewards by Donors in accordance with applicable Campaign Conditions, liasing with Donors and managing any issues relating to Reward redemption, supply or availability issues, delays or complaints.
(c) it will ensure that it has sufficient stock and availability of any Rewards offered, based on reasonably anticipated demand in each case, and that the goods or services will be accurately and completely described and reflected in any picture shown, and if it is unable to supply a Reward it must communicate directly with the Donor and make alternative arrangements;
(d) it will conduct the Campaign in accordance with all applicable laws, codes and regulations, including but not limited to the Competition and Consumer Actand the relevant Fair Trading legislation, any applicable fundraising legislation, and any applicable Campaign Conditions;
(e) it will comply with Australian privacy and spam legislation with respect to the collection, storage and use of any personal information of Users obtained via the conduct of a Campaign;
(f) will obtain and comply with the terms of all permits, licences and consents required in relation to the Campaign;
(g) in the event of any complaint made by a User to the Team Bus Creator in relation to the conduct of the Campaign which is of a material nature or which relates in any way to Team Bus, the Team Bus Creator will notify Team Bus within 2 business days of receipt of such complaint; and
(h) while Team Bus provides information and advice that to the best of our knowledge gives Team Bus Creators the best chance of running a successful Campaign, it is the responsibility of the Team Bus Organiser to make their own decisions and determine the best way to set up and manage their Campaign. Team Bus will not be held liable should the Campaign not proceed as planned for any reason whatsoever.
8. Intellectual Property
All material and content on or via the Services including but not limited to any and all brands, logos, images, taglines, registered or unregistered trade marks, service marks, designs and products, (excluding content provided by Users) are the property of us or our licensors and subject to copyright, trade mark and other intellectual property protection. The Services contain commercially sensitive and valuable information which is confidential and protected by copyright. All right, title and interest in and to the Services are and remain the property of us or our licensors.
You can copy material for your own personal use but you must not republish, copy, reproduce, transmit, distribute, sell, modify, adapt or use any part of the Services or any content on or via the Services in any other way, without our permission or as otherwise expressly permitted through the Services.
9. Termination and Changes
We may modify, suspend or discontinue the services available on the Services, or remove, modify, edit or supplement any content on the Services, at any time without notice in our absolute discretion.
You can cancel your registration at any time via the functionality of the Services. We may terminate or suspend your access to any part or all of the Services at any time, for any reason including breach of these Terms, with or without notice.
You are responsible for your use of the Services. The Services are provided on an 'as is' basis and are used at your own risk. To the full extent permitted by law, we including our officers, management, employees, agents and contractors, exclude all terms, conditions, warranties, guarantees and representations, whether express or implied, and exclude all liability in contract, tort (including negligence), or otherwise for loss or damage (whether direct or indirect) in relation to the use, inability to use, or performance of Services, the operation of or participation in any Campaign or related event, the actions of any Team Bus Creator; any Rewards provided by any Team Bus Creators or any claims relating thereto, any information, content, material, products or services made available via the Services, including without limitation any error, omission, technical malfunction, delay, interruption, interference, tampering, virus, bug, theft, destruction or unauthorised access to or alteration of the Services, any damage to any computer or device, or any content provided by Users. If we are liable for breach of any implied guarantee, warranty or condition that cannot be excluded, including the statutory guarantees in the Competition & Consumer Act (Cth) 2010, then in any event our liability shall be limited to, at our option, to the extent permissible, in the case of goods, replacing or repairing the goods, supplying equivalent goods, or payment of the cost of doing so; or in the case of services, re-supplying the services, or paying for the costs of doing so.
These Terms are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
The Services may provide links or references to other sites or services originating from other companies, individuals or organisations. We do not endorse these services and have no responsibility for the content or operation of any such services and shall not be liable for any damage or injury relating to access to or use of such services.
13. Contact us
If you have any questions, comments, feedback, or want to report any cases of potential infringements or other breaches of these Terms, we would love to hear from you, please:
(c) phone the Team Bus hotline: 0408 364 129.
14. Potential intellectual property infringements
We take individuals' intellectual property rights seriously. If you believe that your intellectual property is being infringed, please notify us by sending an email containing the following to email@example.com
(a) Your name, address and phone number, and if applicable the organisation you represent;
(b) A link to show us the content you believe infringes your intellectual property; and
(c) The reasons behind why you believe it infringes your intellectual property.
This document last updated 4 June 2014