Terms and Conditions

RECITALS

• 360win and the FUNdraising Mall are for profit companies which provides exposure, funding, and administrative services to charities, community organizations, companies and individuals.
• 360win operates through the Website address http://www.360win.com.
• The Charity or organization has requested that 360win provide the Services.
• 360win has agreed to provide the Services on the terms and conditions set out in this Agreement.

1. DEFINITIONS

In this Agreement, unless the context requires otherwise:

Agreement means this agreement and includes any schedules and annexures;

Charity means the person or entity set out in item 1 of the Schedule;

Charity Landing Page means the landing page or pages hosted by 360win, which incorporate the logo and text that will promote the organization including any other similar website hosted by 360WIN as notified to the Charity, which includes the necessary information and contact details of the Charity (including a link to the Charity website (if any).

360win does NOT accept donations for any charity, the funds are raised through advertising sales and or commissions earned from online sales of goods and services.

Receipt means a receipt for a tax deductible donation to the charity by 360win;

Reporting Period means the period specified in Item 6 of the schedule;

Services mean the web-based promotion of the Charity, funds collected, tax deductible receipt administration and other services agreed between the parties;

Transaction Fees mean the fees set out in item 5 of the Schedule;

and

Website means one or more of the websites involved which include but may not be limited to www.360win.com, https://360win.com/Games/ , and any other website owned and/or operated by 360WIN.

2. TERM

The terms of this Agreement will apply from the date of execution and continue until either terminated by a party in accordance with clause 17, or the fundraising goal is reached. If the goal is reached and both parties wish to renew for another fund raising campaign the terms of this agreement remain in full effect.

3. PROVISION OF THE SERVICES

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to 360win a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to 360WIN the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or 360win or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

360win reserves the right to edit or remove any material submitted to this website, or stored on their servers, or hosted or published upon this website.

3.1 Website

• permit the Charity to create a Charity Landing Page;
• permit individuals who wish to promote fundraising to the Charity, and who agree to 360win’ terms and conditions, to create a personal or team fundraising page linking to the Charity Landing Page;
• provide a link to the Charity Landing Page and fundraiser’s personal fundraising page(s) on the website;
• use all reasonable endeavors to ensure that the Website is operative 24 hours per day, 7 days per week.
• respond to any inquiries from parties in relation to using the Website.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

3.2 Accounts and Records

360win will maintain records of:

• all activity involving funds raised for the charity;
• paying the Donations to the Charity and or other parties in accordance with clause 3.3, net of Transaction Fees as per clause 13.1(c).;
• all payments made by 360win to the Charity;

4. ACCEPTENCE OF DONATIONS

360win does NOT accept donations from anyone for any reason. The funds raised for charity come from the sale of online goods and servers and the sale of advertising.

5. OBLIGATIONS OF THE CHARITY

5.1 For the term of this Agreement, the Charity must:

• obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that the Charity is required to hold in order to validly request and accept funds.
• comply with all applicable laws;
• place a link on its website to the Charity’s Landing Page on www.360win.com, or any of its subsidiaries.
• advise 360win if the Charity does not hold a license in a particular State

5.2 If the Charity does not comply with the obligation set out in clause 5.1(d), then 360win may at its discretion cease the fundraising campaign.

6. LICENCE TO 360win

• The Charity grants 360win a non-exclusive license to use the Charity’s trademark in connection with the Website and the provision of Services. This license will automatically terminate upon the expiry or termination of this Agreement.
• The Charity grants 360win a non-exclusive license to use, reproduce, adapt and communicate information provided by the Charity for the purpose of inclusion on the Website, marketing or internal use by 360WIN. This license will terminate 30 days after receiving written notice from the Charity advising 360WIN that it wishes to terminate this license.

7. LICENSE TO THE CHARITY

• Subject to obtaining 360win’ prior written consent to the particular use, 360WIN grants the Charity a non-exclusive license to use 360WIN’ trademark in connection with the Charity’s promotion of a particular:
  • fundraising activity; or
  • method of raising funds for the Charity.
• The license granted in clause 7(a) will automatically terminate upon the expiry or termination of this Agreement.

8. REMOVAL OF CONTENT

360win will use reasonable endeavors to consult with the persons responsible for the Charity Landing Page or fundraiser’s personal fundraising page prior to removing all or any part of the content on them but nonetheless 360WIN reserves the right to remove any content without consultation if 360WIN, in its absolute discretion, considers:

• that the content is inappropriate for inclusion on the Website; and
• it is not reasonable or practical in the circumstances to consult with the relevant party in a timely manner.

9. WARRANTIES

• 360win warrants that it has:
  • obtained any registrations, permits, licenses, consents or permissions that 360win is required to hold in order to validly operate their online business as structured.
  • the authority to enter into this Agreement, grant the licenses under clause 7, and be bound by the warranties contained in this clause 9.
• The Charity warrants that:
  • it has obtained any registrations, permits, licenses, consents or permissions that the Charity is required to hold in order to validly request and accept funds from 360win
  • all information provided by the Charity to 360win and included on the Charity Landing Page or Website:
    • is true and correct;
    • is not misleading or deceptive, defamatory or obscene;
    • does not infringe a third party’s intellectual property rights; and
    • may be lawfully published by 360win;
  • all relevant information has been provided by the Charity to 360win and included on the Charity Landing Page or Website; and
  • it has the authority to enter into this Agreement, and be bound by the warranties contained in this clause 9.

10. RECORDS AND AUDIT

• Subject to the provision of 7 days’ written notice, the Charity may enter the premises of 360win, up to 2 times each year, in order to inspect and make copies of 360WIN’s records relating to the provision of Services to the Charity.
• Following a written request from the Charity, 360win will provide the Charity with a copy of 360WIN’ most recent independent audit report.

11. INDEMNITY

• 360win will indemnify and keep the Charity indemnified against all claims, costs, expenses, damages, liability or loss arising directly in relation to a breach of the obligation to make payment in accordance with clause 3.3.
• The Charity will indemnify and keep 360win indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to:
  • a breach of the warranties in clause 9(b); and
  • a claim made by any third person in connection with or arising out of the Charity’s use of the Services other than in accordance with this Agreement.

12. LIMITATION OF LIABILITY

The liability of 360win for a breach of this Agreement, statutory cause of action, common law or tort (including negligence) in any way is limited as follows:

• 360win will not be liable for the amount of any loss or damage suffered by the Charity for death or personal injury or damage to any real property or chattels caused by negligent or wrongful acts or omissions of 360WIN;
• 360win will not be liable for indirect or consequential loss or damage, notwithstanding anything else in this clause 12 or any other clause of this Agreement; and
• Otherwise in respect of all other claims or liability to the Charity for all other proven loss and damage is limited, for an aggregate of all claims, to the amounts paid or payable by the Charity to 360win under this Agreement.

13. TRANSACTION FEES AND BANK FEES

13.1 Transaction Fees

• The Charity will, in consideration of 360win' provision of the Services to it under this Agreement, pay to 360WIN the Transaction Fees, being the amounts calculated in accordance with item 5 of the Schedule.
• Within 15 days of the last day of each month 360win must provide the Charity with a valid tax invoice that includes a statement from one of its officers, being the officer in charge of accounting or another responsible executive, that the sum of Transaction Fees calculated by 360WIN as payable is correct and showing how the Transaction Fees are calculated.
• The Donation will be sent net of the Transaction Fees to the Charity.
• The Donation monies less the Transaction Fees are sent within 15 days after the beginning of the next month by electronic funds transfer.

14. GST

• In this clause:
  • “GST” means the Goods and Services Tax levied under the GST Act or any other goods and services tax, value added tax, consumption tax or tax of similar effect levied from time to time;
  • “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) (as amended); and
  • words and phrases which are defined in the GST Act have the same meaning when used here.
• The amounts payable by the Charity under this Agreement in respect of a taxable supply by 360win are expressed as a GST exclusive amount and the Charity must, in addition to that amount and at the same time pay to 360WIN any GST payable in respect of that supply.
• The Transaction Fees and Bank Fees must be listed separately with a total GST amount included in the Tax Invoice.
• 360win’ right to payment under this clause 14 is subject to a valid Tax Invoice being delivered to the Charity.
• 360win must issue an adjustment note for any adjustments which arises in relation to a Taxable Supply as and when required to do so by the GST Act.

15. CONFIDENTIALITY

• Each party agrees with each other party that all information in relation to the other party’s business including, without limitation, any trade secrets, operations know-how, or any information concerning the organization, management and finance of the other party or in relation to 360win or the Charity which is exchanged between them or acquired during the negotiations prior to the Charity accepting these terms, is confidential and shall not be disclosed, divulged or otherwise placed at the disposal of any person not being a party to this document except:
  • to employees, legal advisers, auditors and other consultants requiring the information for the purposes of this document;
  • with the consent of the party who supplied the information;
  • if the information is prior to the execution of this Agreement lawfully in the possession of the recipient of the information through sources other than the party who supplied the information;
  • if required by law or a stock exchange;
  • if strictly and necessarily required in connection with legal proceedings relating to this document; or
  • if the information is or becomes generally and publicly available other than through the default of a party who divulges the information.
• The provisions of this clause 15 continue in full force and effect for all time.

16. PRIVACY POLICY

• 360win will not use any personal information except as set out in its privacy policy, this Agreement, as consented to by the donor or otherwise required by law.
• 360win will comply with the National Privacy Principles, the Privacy Act 1988 and all subsequent changes.
• The Charity agrees that it will treat all personal information collected under clause3.2(c)(iii) in accordance with the National Privacy Principles.

17. FORCE MAJEURE

In case either of the parties is totally or partially unable to fulfill one or more of the contract obligations as a result of acts or occurrences beyond the control, though partial, of the party involved such as, but not limited to, actions, omissions, impositions by local federal or national government authorities, fire, flood, earthquake and other natural disasters, Acts of God, war, revolution, strike, fuel shortages, shortage of raw materials, the party involved will be totally or partially relieved from fulfilling its contract obligations during the period of force majeure, provided that the party involved notifies the other party of the circumstances as soon as reasonably possible.

18. RELATIONSHIP BETWEEN THE PARTIES

• This Agreement will not be deemed to create a partnership, joint venture or agency relationship of any kind between the parties.
• A party will have no right or authority expressed or implied to bind the other party to any other Agreement, obligation or undertaking.

19. VARIATIONS TO AGREEMENT

360win may make modifications, alterations, changes or variations of any term or condition of this Agreement, by notifying the Charity in writing of the details of the amendment or modification. Any modification or change to the Agreement will take effect after a period of 14 days has elapsed from the date when the Charity is notified of the modification or change. The Charity may not make any changes or modifications to any term or condition of this Agreement without 360WIN’ prior written consent.

20. GOVERNING LAW

This Agreement is governed by and is to be construed in accordance with the laws in force in the European country of Poland. Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of Poland and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those Courts.