Terms & Conditions
The term “pungle” or “us” or “we” refers to the owner of the platform, Tech 4 Good Pty Ltd, trading as pungle.com with ABN 87634472352 and ACN 634472352. The term “you” refers to the user or viewer of our platform or app (“the Platform”).
These terms and conditions may be modified at any time and such modification shall be effective immediately upon web posting of the modified terms and conditions. Your continued use of the pungle platform shall be deemed to be your conclusive acceptance of the modified terms and conditions.
The use of this platform is subject to the following terms and conditions of use:
- Acceptable Use Policy
Changes to the Platform and services provided
- The content of the pages of this platform is for your general information and use only. It is subject to change without notice;
- pungle will make every effort to ensure that the platform and services are constantly operational;
- pungle reserves the right to modify, discontinue or suspend all or part of the platform or its services at any time without notice.
- You must not use the platform in any way that causes, or is likely to cause, the platform or access to it to be interrupted, damaged or impaired in any way;
- You must ensure that any content you upload onto the platform (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it;
- In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing firstname.lastname@example.org
- You must not use the platform to misrepresent your identity or affiliation with any person or organisation;
- You must not use the platform to send junk or spam email;
- You must not use the platform to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter;
- pungle reserves the right to remove any content from any page without notice at its sole discretion;
- You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the platform or any other web platform;
- You must not to attempt to bypass the network firewall;
- You must not to use any part of the platform which you are not authorised to use or devise ways to circumvent security in order to access part of the platform which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;
- You must not to use or attempt to use the platform for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.
- Fundraising Platform Policy
Use of pungle Fundraising Services by Users under 16
It is a condition of use of the platform that any person under the age of 16 using our fundraising services be appropriately supervised by an adult. The supervision requirements are as follows:
- Children under the age of 16 using pungle’s fundraising services must do so under the supervision of an adult;
- Children under the age of 12 using pungle’s fundraising services must do so under the direct supervision of an adult;
- Children under the age of 6 using pungle’s fundraising services must do so under the direct supervision of a parent or guardian.
If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at email@example.com
Parental Permission for Users under 16
It is a condition of use of our platform that any person under the age of 16 obtain the permission of a parent or guardian before using our fundraising services.
- It is your responsibility to ensure, prior to commencing a fundraising activity on behalf of a recipient organisation, that the organisation in question has no objection to the nature of the proposed activity;
- It is pungle policy to forward Fundraiser details to your nominated recipient organisation or organisations (in the event that funds are being raised for more than one organisation). We cannot facilitate online fundraising for anybody wishing to fundraise anonymously. If you wish to fundraise anonymously you should not use the pungleservice.
- pungle makes no representation or warranty as to the suitability and/or appropriateness of any fundraising activity;
- pungle expressly reserves the right to suspend a fundraising page in the event that the recipient organisation, in its sole discretion, deems the fundraising activity unsuitable or inappropriate.
Charities and not for profit Organisation Members of pungle (Recipient Organisations)
- All the charities and not for profit organisations that appear on the fundraising platform have entered into a contractual arrangement with pungle which enables us to collect fundraising donations made on the platform on their behalf. We cannot collect donations without their permission;
- Some charities and not for profit organisations have similar names. It is your responsibility to ensure that the recipient organisation you have selected from the platform is your intended recipient organisation;
Use of Funds by Recipient Organisations
pungle makes no representations or warranties in relation to the appropriate use by recipient organisations of funds raised by use of the platform or the services provided;
Recipient organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where the organisation has expressly stated that funds raised will be applied to a particular project or appeal.
- How does pungle get paid?
Pungle passes on 100% of your donation to charity, unlike some other platforms that pass on less than 90%. Instead we add a small fee of 2.9% on top of your donation amount, to cover the payment processing and administration fees.
- Copyright in the text, images, software, logos, icons, sound recordings and HTML code, content and other copyright material in this platform is owned or licensed by pungle for use on this platform;
- The platform contains material which is owned by or licensed to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the platform. Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question;
- No other use of material on the platform is permitted other than with the express written permission of the copyright holder;
- Unauthorised use of the platform may give to a claim for damages and/or be a criminal offence.
pungle is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular platform. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences;
- We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our platform in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system;
- Overall, cookies help us provide you with a better platform, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us;
- You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the platform.
Links to other platforms
Our platform may contain links to enable you to visit other platforms of interest easily. However, once you have used these links to leave our platform, you should note that we do not have any control over that other platform. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such platforms and such platforms are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the platform in question.
- General Policy
pungle collects donations on behalf of charities and passes the money to the charities immediately. Hence pungle cannot process refunds on behalf of charities given the funds have been settled to the charity immediately.
Unauthorised Card Use
You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.
Protecting your Password
- Upon registration with pungle, you will be invited to create a password to protect your personal account;
- It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party;
- If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately by following the on-Platform instructions;
- pungle strongly recommends its users to select a strong password combining uppercase and lowercase alpha-numeric characters with a minimum length of 8 digits.
- pungle password should be changed at least every 90 days and cannot be identical to the previous 4 passwords you have used.
- your pungle password is unique to you, non-transferable and it is not to be shared.
Password Construction Recommendations
- Do not use your username (email address) as your password.
- Change your password at least every 90 calendar days.
- Do not use a password identical to your previous 4 passwords.
- Do not transmit your password in the clear or plain text outside a secure location.
Commonly used passwords are also not accepted. For that, pungle compares your new tentative password against a list from OWASP (www.owasp.org) containing 10,000 commonly used passphrases. If the new tentative password is in the list, the system will reject the input and generate an alert on the screen.
List of DO NOTs
- Don’t reveal your pungle password over the phone to anyone.
- Don’t reveal your pungle password in an email message.
- Don’t talk about your pungle password in front of others.
- Don’t hint at the format of your pungle password (e.g. “my family name”).
- Don’t reveal your pungle password on questionnaires or security forms.
- Don’t share your pungle password with family members.
- Don’t reveal your pungle password to a co-worker while on vacation.
- If someone demands your pungle password, refer them to this document.
- If you pungle account or password is suspected to have been compromised, change your password and report the incident to our Help Desk.
If your pungle account is no longer needed, we recommend you to disabled it. If that is the case, please reach out to our Help Desk: firstname.lastname@example.org
Disclaimer and No Liability
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
- Your use of any information or materials on this platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this platform meet your specific requirements;
- In no circumstances will we be liable for any loss or damages, whether direct or indirect, arising out of your use of the platform and the services provided there or your inability to use them;
- pungle shall not be liable to you or any third parties in contract or in tort arising out of, or in connection with, or relating to, the holding or staging of a fundraising appeal or event which has been published on the platform or any fact, matter or thing relating to the holding or staging of a fundraising appeal or event (whether negligent or in breach of contract or not).
Breach of Terms and Conditions of use
In the event of your failure to comply with these Terms and Conditions of use, we reserve the right to immediately suspend your access to any and/all parts of the platform and the services provided there without notice and without reference to you.
- Validity and Satisfaction of Terms;
- pungle accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond the pungle’s reasonable control;
- If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
By donating I agree as follows:
- I waive, release and discharge pungle and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I may have (including for negligence) arising from any injury, loss or damage of any kind suffered by me including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the relevant Australian Consumer Law) arising either directly or indirectly out of donation or use of the pungleplatform. I also waive, release and discharge pungle and its officers, employees, contractors, volunteers or agents involved in the Event from all claims or causes of action I or any person under my care may have (including for negligence) arising from any injury, loss or damage of any kind suffered by any person or property being pushed, carried, accompanied or in any like manner by me. I indemnify and will keep indemnified pungle and its officers, employees, contractors, volunteers and agents against all costs, losses or damages arising from or in relation to my donation or use of the Platform.
- Your use of this platform and any dispute arising out of such use of the platform is subject to the laws of Victoria, Australia;
- Any complaint made about pungle by either a member of the public or an employee must be referred in the first instance to pungle. Such a complaint should be specific and in writing. Upon receipt of a complaint, pungle will use its best endeavours to respond to the complaint and resolve any matters arising from it within 7 days. If, following a response from pungle, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate state regulatory body.
- ACT Office of Fair Trading – Advice and Complaints Unit
- NSW Department of Gaming and Racing
- QLD Department of Tourism, Trade and Wine Industry Development – Office of Fair Trade
- SA Office of the Liquor and Gambling Commissioner
- TAS Department of Justice- Consumer Affairs and Fair Trading
- VIC Department of Justice and Consumer Affairs
- WA Department of Consumer and Employment Protection