Terms of Service
Last updated: September 28, 2025
Agreement to Terms
These Terms of Service ("Terms") govern your use of Elevate.gift (the "Platform"), operated by Elevate.gift Foundation, a registered Australian charity (ABN: XX XXX XXX XX).
By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Platform.
Platform Description
Elevate.gift is a donation platform that enables:
- Direct donations to verified beneficiaries and causes
- Gift recycling where beneficiaries can pay it forward
- Transparent tracking of donation impact
- Tax-deductible giving (where applicable)
- Community engagement through our activity feed
User Accounts
Account Registration
To use certain features, you must:
- Be at least 18 years old
- Provide accurate and complete information
- Maintain the security of your account
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
User Types
Donations and Payments
Making Donations
- All donations are processed securely through Stripe
- Donations are final and non-refundable (except in cases of error or fraud)
- You authorize us to charge your payment method for the donation amount
- Platform fees may apply (currently 1-2% of donation amount)
- Tax receipts will be issued for eligible donations
Gift Recycling
Our unique gift recycling model means:
- Beneficiaries are encouraged (but not required) to pay it forward
- Recycled gifts create a multiplier effect
- Original donors can track the impact of their gift over time
- No legal obligation exists for beneficiaries to repay
Refund Policy
Refunds may be issued only in the following circumstances:
- Duplicate donations made in error
- Unauthorized transactions
- Technical errors resulting in incorrect charges
- Fraudulent beneficiary claims (verified by investigation)
Beneficiary Verification
To maintain platform integrity, beneficiaries must:
- Provide truthful information about their circumstances
- Submit supporting documentation as requested
- Use donations for stated purposes
- Provide updates on their progress
- Agree to our verification processes
Warning: Fraudulent claims or misuse of funds may result in legal action and requirement to return funds.
Prohibited Uses
You may not use the Platform to:
- Engage in fraudulent or deceptive practices
- Violate any applicable laws or regulations
- Harass, abuse, or harm other users
- Upload malicious software or viruses
- Attempt to gain unauthorized access
- Scrape or harvest user data
- Create multiple accounts to abuse the system
- Use donations for illegal activities
- Misrepresent your identity or circumstances
- Spam or send unsolicited communications
Intellectual Property
Platform Content
All content on the Platform, including text, graphics, logos, and software, is the property of Elevate.gift or its licensors and is protected by intellectual property laws.
User Content
By posting content on the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with the Platform.
You represent that you have the right to post any content you submit and that it doesn't infringe on any third party rights.
Disclaimers and Limitations
No Guarantee of Results
While we verify beneficiaries and monitor the platform, we cannot guarantee:
- The success of any fundraising campaign
- That beneficiaries will use funds exactly as stated
- That beneficiaries will pay it forward
- The accuracy of all user-provided information
Platform Availability
We strive for 99.9% uptime but do not guarantee uninterrupted access. The Platform is provided "as is" and "as available" without warranties of any kind.
Limitation of Liability
To the fullest extent permitted by law, Elevate.gift shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Platform.
Our total liability shall not exceed the amount of platform fees you've paid in the last 12 months.
Indemnification
You agree to defend, indemnify, and hold harmless Elevate.gift, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your violation of these Terms
- Your use of the Platform
- Your content or donations
- Your violation of any third party rights
Privacy and Data Protection
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
We comply with Australian Privacy Principles, GDPR (for EU users), and CCPA (for California residents).
Dispute Resolution
Informal Resolution
We encourage you to contact us first to resolve any disputes informally.
Formal Proceedings
Any disputes that cannot be resolved informally shall be:
- Governed by the laws of New South Wales, Australia
- Subject to binding arbitration in Sydney, Australia
- Conducted in English
- Limited to individual claims (no class actions)
Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use constitutes acceptance of the modified Terms.
For material changes, we will provide notice via email or Platform notification at least 30 days in advance.
Termination
We may terminate or suspend your account immediately, without prior notice, for:
- Breach of these Terms
- Fraudulent or illegal activity
- Harm to other users or the Platform
- Extended period of inactivity
Upon termination, your right to use the Platform will cease immediately. Provisions that should survive termination will remain in effect.
Additional Terms for Specific Users
For Wealth Managers
Additional terms apply to wealth managers using the Platform for client giving strategies, including compliance with financial services regulations.
For Corporate Donors
Corporate giving programs may be subject to additional agreements covering matching programs, employee giving, and reporting requirements.
For International Users
Users outside Australia should consult local tax laws regarding donation deductibility and may be subject to currency conversion fees.
Contact Information
For questions about these Terms:
Email: legal@elevate.gift
Mail: Elevate.gift, 123 Charity Lane, Sydney, NSW 2000, Australia
Phone: 1300 ELEVATE (1300 353 8283)
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.
Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements for specific services, constitute the entire agreement between you and Elevate.gift regarding the Platform.
Our Commitment
We're committed to creating a transparent, trustworthy platform for charitable giving. These Terms are designed to protect both donors and beneficiaries while enabling the multiplication of kindness through our unique gift recycling model.