AMENDMENTS TO THE CHARITY USER AGREEMENT
A summary of changes follows:
AMENDMENTS TO THE DONATION DELIVERY POLICY
A summary of changes follows:
Charity User Agreement, effective October 2018 through 29th May 2021
Charity User Agreement
PayPal Giving Fund Australia is a Public Ancillary Fund (ABN 65 106 950 945) (“PayPal Giving Fund”, “we,” “us,” or “our”) registered with the Australian Charities and Not-for profits Commission and endorsed by the Australian Taxation Office as a tax concession charity and deductible gift recipient. We accept charitable donations and make grants to Eligible Charities. “Eligible Charities” includes the funds, authorities or institutions that:
This Charity User Agreement (“Agreement”) is a contract between you and PayPal Giving Fund that explains our commitments to you and our requirements of you as an Eligible Charity. Please read this Agreement, including all linked information, carefully. By accepting any grant from PayPal Giving Fund, you acknowledge that you have read, understood and agree to be bound by this Agreement. You are deemed to have accepted a grant from PayPal Giving Fund, unless, within 5 business days of receiving the grant, you either return the grant to PayPal Giving Fund or contact us requesting to be opted-out of the PayPal Giving Fund program.
Eligible Charities must comply with our Charity Certification Policy. We reserve the right to deny or revoke Eligible Charity status to any charity that fails, in PayPal Giving Fund’s sole discretion and determination, to meet these standards. You acknowledge and consent to our use of third-party service providers to review and verify your status as an Eligible Charity.
2.b If you have access to the PayPal Giving Fund dashboard or other services, you acknowledge and consent to our use of third-party service providers to review and verify the information in your charity profile.
2.c You may update your charity profile by logging in to your PayPal Giving Fund dashboard (if available) or by contacting us. You agree to update your charity profile as necessary to maintain its accuracy, or when requested by us.
4.b You acknowledge that we make no promise that you will benefit from any donations as a result of your status as an Eligible Charity.
4.c If you are an Eligible Charity and have an active PayPal account, distributions will be made into the PayPal Account identified in your charity profile. You agree to take any actions necessary to authorise us to make such transfers to you, and you will not hold us liable if you provide us with inaccurate or incomplete information about your PayPal or bank account. Any distribution we may make to you is subject to our Donor Terms of Service, and our Donation Delivery Policy regarding timing of delivery and expenses.
4.d Donors make their donations to PayPal Giving Fund and not to Eligible Charities. PayPal Giving Fund issues all legally-required tax receipts to Donors. We, in turn, make charitable distributions to qualifying Eligible Charities that are recommended by donors. As a result, any donations your organisation receives pursuant to this Agreement are made by PayPal Giving Fund. PayPal Giving Fund retains exclusive legal control over all donations received from donors, and PayPal Giving Fund exercises its discretion in making grants to you.
4.e Pursuant to our Privacy Policy, PayPal Giving Fund may disclose to you information about donors, including name and contact information. You may only use this information to acknowledge donations, resolve any issues with donations, and provide a reasonable amount of information about your charitable work. You become the data controller of the donor’s personal information that we provide to you for this limited purpose. You must not use the donor’s personal information for any other purpose without the donor’s further consent, including but not limited to for marketing purposes. You agree you will obtain consent from donors to use the information we provide to you for any purpose beyond what is contained in this clause.
4.f We reserve the right not to distribute a donation to you (even if you are recommended by a donor for a particular donation), if, in our sole discretion and determination:
i. we are unable to deliver it (e.g., if the PayPal account and/or contact information in your charity profile is invalid);
ii. you are in breach of this Agreement;
iii. doing so would cause us to not comply with applicable laws;
iv. doing so would bring us into disrepute; or
v. you otherwise cease to qualify as an Eligible Charity.
In any such case, we reserve the right to redirect any donation to another Eligible Charity, or to use or dispense with the donation in any manner consistent with our policies and charitable purposes.
4.g You agree to promptly return to us the full amount of any donation you receive from us if, when you receive it:
i. this Agreement has been terminated;
ii. you are not an Eligible Charity; or
iii. we have notified you that a donor is due a donation refund.
We may, in our sole discretion, elect to offset a future donation rather than requesting that you return to us an amount that we have already donated to you.
4.h We provide Eligible Charities with opportunities to benefit from our programs. Requesting not to participate in any particular program or product will generally not affect your eligibility for others or your status as an Eligible Charity.
4.i Funds granted by PayPal Giving Fund may only be used for charitable purposes. Such funds may not confer an impermissible private benefit on any donor, such as memberships that are not 100% tax deductible, tickets for a charity event, or to honour a legally binding pledge, and may also not be used to engage in, support or promote hate, violence, terrorist activity, related training of any kind, money laundering, or other illegal activities, whether directly or indirectly through support of, or cooperation with, other persons and organisations engaged in such activities.
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7.c You acknowledge that the PayPal Giving Fund website and Services are provided on an “as is” basis, and we disclaim all representations and warranties under this Agreement (whether express or implied) including any warranties regarding fitness for a particular purpose, data accuracy, efficiency or availability of the PayPal Giving Fund website or Services. You further acknowledge that we make no representations or warranties regarding any legal requirements to which your organisation may be subject, nor the applicability of any tax laws or your ability to collect or obtain tax deductions.
7.d Limitation of liability.
Subject to clause 7.e below,
i. we will not be liable to you for any Consequential Loss (as defined below) or for loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may otherwise be implied into this Agreement, including any such loss arising out of or in connection with our website, our Services or this Agreement; and
ii. in no event will PayPal’s liability for a claim arising out of this Agreement or our Services (when aggregated with PayPal’s liability for all other claims arising out of this Agreement and our Service) exceed the net amount paid by us to you during the six (6) months immediately preceding the date on which the claim arises.
9.d We may amend this Agreement at any time by posting amended terms on the PayPal Giving Fund website. We will send a message to the email address in your charity profile alerting you. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon you 30 days after having been posted on the PayPal Giving Fund Website. Your continuation as an Eligible Charity, and/or your continued access to or use of the PayPal Giving Fund website after such 30-day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement as set forth in Section 9 of this Agreement. Apart from such posting by us, this Agreement may not otherwise be amended except in a written document (i) that expressly references this Agreement and/or any affected amended terms as posted by us and (ii) that is executed by both you and us.
9.e Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.
9.f You may not assign this Agreement without our prior written consent; any attempted assignment in violation of the foregoing will be null and void. We may assign this Agreement to any third party without your consent. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and us.
9.g Our failure to partially or fully exercise any right will not be considered a waiver of that right unless we so state in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.
9.h Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the jurisdiction of the courts located within New South Wales.
Donation Delivery Policy
2. Charities with PayPal accounts
PayPal Giving Fund grants donated funds to Eligible Charities with active PayPal accounts on a monthly basis via PayPal, typically 15 to 45 days after PayPal Giving Fund’s receipt of funds.
3. Charities without PayPal accounts
Donors can recommend that we grant the funds they donate to Eligible Charities that do not have active PayPal accounts (“Unenrolled Charities”). We receive information about Unenrolled Charities from the Australian Charities and Not-for-profits Commission (“ACNC”) database and the Australian Business Register.
We will grant funds to an Unenrolled Charity if we have:
We will first notify an Unenrolled Charity about PayPal Giving Fund’s intent to grant it funds approximately one month after donors have recommended a charity to support, and we will invite the charity to open a PayPal account, enabling it to receive funds via PayPal and access details of its donors. We will make multiple subsequent attempts to contact the Unenrolled Charity, via email, letter and, in some cases, phone.
If a charity does not open a PayPal account or have an active PayPal account, we endeavour to deliver the grant funds by other appropriate means, including via cheque, typically within 90 days from the date of the donation. If we are unable to pay the charity by cheque, we may, at our discretion, reassign funds in the manner described below.
4. Reassignment of Certain Donations
While we take all reasonable steps to grant donated funds according to the donor's recommendation, PayPal Giving Fund retains exclusive control over all donations. In the rare cases when a charity fails to meet the terms of our Charity Certification Policy and/or fails to meet PayPal Giving Fund’s due diligence standards as described above for receipt of a donation at any time, we reserve the right to reassign funds to another charitable organisation of our choice. We may also reassign donations in the event we are unable to distribute the funds successfully (e.g., the charity fails to cash the cheque(s) we send).
In the rare cases when PayPal Giving Fund reassigns funds, we will (whenever possible) ask the donor to recommend another charity from the PayPal Giving Fund Directory to benefit from the donation. If PayPal Giving Fund is unable to reach the donor, or the donor does not respond, PayPal Giving Fund will try to grant the funds to a charity that operates in a similar cause area to the charity originally recommended by the donor. Where the cause area is unlikely to reflect the donor’s original intent, we will instead grant the funds to a charity with a broad humanitarian mission.
In selecting charities to benefit from such grants, we generally choose Eligible Charities with active PayPal accounts to enable efficient, secure and cost-effective delivery. For example, if we are unable to make a grant to an unenrolled local organisation providing education services, we would typically reassign the funds to a PayPal Giving Fund Eligible Charity with an active PayPal account providing education services.