TERMS & CONDITIONS
Cashtivity is an online application owned and managed by Cashtivity Pty Ltd ABN 79 152 435 688. With its principal place of business at Level 3, 41 Stewart Street, Melbourne, 3121, Australia.
Cashtivity is designed to help young people, including those of school age or under 18 years of age, plan and organise a cash Project under the supervision of a responsible adult, principally a teacher or coach of a public or private school or community group.
Cashtivity is a registered trademark with all rights to use and licence the trademark retained exclusively by Cashtivity. All other intellectual property rights, including copyright in the Website and any information stored through the Website is the property of Cashtivity.
Throughout these Terms we will refer to the user who is a young person or minor as a “Student”, to the relevant teacher, parent, coach, legal guardian or responsible adult of that student as the “Responsible Adult”, to the business, project, fundraiser or other activity which the Website is used for, as the Project and the Cashtivity Platform as "Website"
The Website enables a Responsible Adult, a family or friend of a Student to participate in and view a Student’s Project or other Project which the Student participates. The Responsible Adult may, depending on the settings of the Website, view one or more, or all of the Apps and Content accessed or created by the Student.
A Project may be created by the Responsible Adult, a Student or another user. If a Project is created by a Student, it will be the responsibility and accountability of that Student’s Responsible Adult to be aware of and consent to the Student’s participation in the Project (whether or not the Responsible Adult participates), including viewing information related to the Project as recorded by the Student on the Website. Cashtivity does not accept any responsibility or liability for notifying any party in relation to a Student Project or for any acts or omissions of the Student, the Responsible Adult or any other User in relation to the Website.
Cashtivity develops and provides online and mobile tools including but not limited to hosting, messaging and social networking services and education services to facilitate the creation of and management of a Project. Unless expressly agreed by the parties, Cashtivity does not operate, manage, nor is it associated with the operations of any Project. The creation, planning and conduct of a Project (including the financial performance and results related to the Project) is solely the responsibility of the Responsible Adult (or a Student under the supervision of the Responsible Adult) or other user of the Website.
If you are under 18 years of age, you cannot use the Website except with the consent of and under the supervision of a Responsible Adult.
It is possible that a Student may use the Website to create and operate a Project without supervision. In all instances, the Responsible Adult is accountable and liable for the acts and omissions of the Student including any failure of a Student to inform a Responsible Adult of a Project. Cashtivity does not under any circumstances accept any responsibility for and is in no way liable for any act or omission of a Student, Responsible Adult, other user of the Website or of any other person in relation to a Project or the Website.
It is your responsibility to obtain accounting, financial, tax, legal or other professional advice in relation to a Project and your use of the Website. Cashtivity does not provide financial, tax or legal advice.
The Website may only be used for lawful and ethical purposes. It must not be sold, distributed or used in any way contrary to these Terms nor may it be used for any illegal, unlawful, immoral or unethical purpose. Any communications or messages sent by you must not be threatening, offensive or abusive or likely to threaten, offend or abuse another person. Your use of the Website must not mislead or deceive others or likely to do so. You must not engage in or solicit any business through the Website from any person who is not familiar to you or your Responsible Adult.
You acknowledge that from time to time we may change, remove or edit any part of the Website, including any data or information recorded on the Website. We may also suspend or delete any user information or any user account at any time if we are of the reasonable belief that the user is or is likely to be in breach of these Terms.
All information contained on the Website is of a general nature only and does not constitute personal or professional advice. We do not warrant or represent the accuracy or completeness of the Website, any information contained on it or in relation to a Project or that it is suitable for your personal circumstances. Any condition or warranty which would otherwise be implied in these Terms is hereby excluded.
We will take all reasonable efforts in relation to security and confidentiality of the Website, a Project and of any profile or data stored on the Website. Despite this, we cannot guarantee that no unauthorised access to your account , profile or a Project will occur or that use of the Website will be secure, error free, uninterrupted or fault free (including virus free). We accept no liability for any loss or damage incurred by you or any other person in relation to these matters.
To the maximum extent permitted by law, Cashtivity accepts no liability for any loss, damage, including loss or profits or indirect, consequential or any other type of loss or damage (including through our negligence) suffered or incurred by you in relation the Website or a Project.
You agree to indemnify us, our employees and agents against any loss or damage suffered or incurred as a result of a breach of an obligation or warranty, wilful misconduct or any negligent act or omission by you, a Student for whom you are responsible for or any other person connected with you.
We may amend these terms and conditions at any time and any amendments shall be effective once they are made available on the Website.
These Terms are governed by the laws in the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria in relation to any matter requiring a binding court decision.