1.1 This section of the act. Terms & Conditions applies to everyone using act. to make a difference – from the generous individuals signing up as activists or supporters to contribute to exciting projects, to the organisations and people running these projects (the activators).
1.2 You agree to be bound by these act. Terms & Conditions by continuing to access www.letsact.com.au, by signing up for an act. product, or by signing up as an activist, supporter or activator. If you do not agree to these act. Terms & Conditions, please stop using this site immediately.
Just to be clear, these act. Terms & Conditions don't apply in respect of any regulated activity that we undertake (such as an activity under the Corporations Act 2001 (Cth) or the National Consumer Credit Protection Act 2009 (Cth)).
1.3 To sign-up to act.:
a) as an activist or supporter, you must be an individual aged 16 or over; or
b) as an activator, you must be an individual aged 18 or over, a company, an incorporated association or a partnership (with the individual partners all being aged 18 or over).
If you don't fit this criteria, unfortunately you can't be part of the act. revolution right now! But please do come back when you are old enough or have the right legal structure in place.
1.4. If you are an individual using act. in your personal capacity, you promise to us that you are aged 16 or over and that you are not an undischarged bankrupt, or in the process of becoming a bankrupt / entering into an arrangement for the protection of creditors under the Bankruptcy Act 1966 (Cth).
1.5. If you are an individual using act. for or on behalf of a company, incorporated association or partnership that is an activator,you promise to us that you have the authority to act on behalf of the activator and to enter into these act. Terms & Conditions on behalf of the activator. You also promise that the activator is not insolvent (i.e. that the activator is able to pay its debts as and when they fall due).
1.6. To make these act. Terms & Conditions easier to read, we've included a few definitions throughout. So unless the context requires otherwise, where the words below are used in these act. Terms & Conditions they will mean:
The act. platform at www.letsact.com.au.
The act. division of Community Sector Banking Pty Ltd ABN 88 098 858 765
act. product holder
An individual who has signed up for one (or more) of our act. products.
A product of act. available from www.bendigobank.com.au/act or by calling 1300 ACT TODAY (1300 228 863).
act. product holders that have signed up for an activist account on act. Activists are able to support the many exciting social impact projects listed on act.
All related body corporates of ours (in accordance with the Corporations Act 2001 (Cth) definition of 'related body corporates'), Bendigo and Adelaide Bank Limited, and all employees, officers, contractors, directors, assigns, suppliers, and representatives of us, our related body corporates and Bendigo and Adelaide Bank Limited.
An organisation or individual that is running an exciting social impact project listed on act. Activators are using act. to raise much needed funds to carry out projects aimed at making a positive impact on society.
A pledge made to a project by activists or supporters using their credit card or debit card. Direct pledges must be in Australian dollars.
Organisations able to receive income tax-deductible gifts and tax-deductible contributions from donors. These organisations are endorsed by the Australian Taxation Office as DGRs or are named in Australian tax legislation.
A receipt issued by a DGR to a donor for a tax deductible gift or contribution received by the DGR. To be valid the receipt must contain certain information as set by the Australian Taxation Office.
The amount of money an activator is seeking to raise for a particular project.
See clause 1.12 below
As set out in clause 1.12 below, impact dollars are a reflection of the portion of our profits on act. products that we set aside and notionally add the value of into an activist's impact account, for pledging to projects.
matched funding arrangement
As set out in clause 1.16 below, a matched funding arrangement is an offer by an organisation or individual to 'match' pledges (in full or in part) made to a specific project by activists or supporters.
merchant facility provider
Bendigo and Adelaide Bank Limited, the provider of the merchant facility used to settle credit and debit card transactions made on act.
payment processing partner
Fat Zebra Pty Ltd, the independent third party that we have engaged to run the payment facility on act
A commitment by an activist or a supporter to financially contribute to a project, either using their own money (both activists and supporters) or impact dollars (activists only).
The wonderful, exciting, positive social impact projects that activators are raising funds to carry out.
The end date for a project. A project must hit its funding target by its project deadline to be successful.
project governance committee
Our committee that approves projects for listing on act.
The period that a project is live on act., during which activists and supporters are able to make pledges to the project. The maximum project period is usually 60 days.
A project that reaches its funding target on or before the project deadline.
An individual that has signed up for a supporter account on the act. platform. Supporters are able to support the many exciting social impact projects listed on act.
you / your
You means you – the person reading these act. Terms & Conditions
If you are an activist or a supporter, you just means you personally.
we / us / our
act. is a division of Community Sector Banking Pty Ltd. Community Sector Banking Pty Ltd ABN 88 098 858 765, Authorised Representative No 265317. Level 1, Wing C, Innovation Campus, Squires Way, North Wollongong NSW 2500. Community Sector Banking Pty Ltd is an authorised representative of Bendigo and Adelaide Bank Limited AFSL 237879
1.7. When you sign-up to act. as either an activator, activist or supporter, you must provide us with all relevant information required to set up your account. You acknowledge and promise to us that the information you provide us during the sign-up process is accurate, complete and up-to-date. You acknowledge that we are relying on you providing us with accurate information in how we run act.
1.8. We reserve the right to amend these act. Terms & Conditions at any time and we will let you know when changes are going to happen via your account messages. Only the online version of these act. Terms & Conditions (available at www.letsact.com.au) is guaranteed to be the most up-to-date version, so please check back here regularly. Any changes we do make will take immediate effect from the moment they are posted live on www.letsact.com.au.
1.9. We hope you love act. as much as we do and can't bear to see it offline even for a minute. Unfortunately we might need to take act. offline to perform maintenance and updates from time to time. Where possible we will let you know in advance when we need to do this, but sometimes we might need to perform emergency maintenance and won't have time to let you know. While the system is down (for whatever reason), we're not responsible for any lost fundraising opportunities or other losses you may incur as a result.
1.10. Activators are trying to do good things. To do these good things and make a positive social impact, activators need to raise funds to carry out their projects. When an activator lists a project on act. they are seeking the support of generous activists and supporters to help them raise enough funds to carry out their project and make a difference. All projects must be designed to achieve a positive social impact or we will not accept the project onto act. Our project governance committee carefully reviews all project applications from activators to ensure only those projects that reflect act.'s core philosophy end up on act. Please note this is simply us reviewing what we're being told is proposed by activators will, if delivered, reflect the core philosophies of act. We are not able to verify in any way, or endorse, any particular activator or project beyond this very high level review.
Projects on act. work on a typical crowd funding model. Basically:
a) Each project has a funding target set by the activator. The funding target is the amount of money the activator believes they need to carry out the project.
b) If an activist or supporter would like to support a project, they make a pledge to that project – either using impact dollars in their impact account (activists only) or using their own credit or debit card (both activists and supporters). A pledge is a commitment to contribute a specified amount of impact dollars and/or direct pledge funds to a project if the funding target is reached – no funds are transferred at the time of a pledge. More information on how pledges work can be found in Sections 2 and 3 of these act. Terms & Conditions.
c) Projects operate on an 'all or nothing' funding model. A project typically has a maximum of 60 days to reach its funding target or the activator does not receive any of the pledges made to the project. If a project reaches its funding target, pledges are processed and the activator takes the funds it receives and then gets to work in trying to make a positive social impact with its project.
1.11. We know we said earlier that projects have just 60 days to reach their funding target, but this might not always be the case. In exceptional circumstances we might extend a project deadline slightly beyond the initial 60 day period. Any extensions are at our sole discretion, but we will make sure the new deadline is communicated to activists and supporters supporting the project through act.
1.12. By signing up for one or more act. products, activists have the opportunity to direct a portion of our profits on these products through the accrual of impact dollars which we will deposit into their impact account. When an act. product holder signs up to act. and becomes an activist, they will be able to see their impact account.
Activists can then pledge funds in the form of impact dollars in their impact account on act. to any of the projects on act. – donating banking profits to worthwhile causes!
Without wanting to get too technical, because we want to support worthwhile causes, we let activists direct a percentage of the profit we earn on their act. products to project/s of their choosing. We set aside a percentage of our profits on act. products for pledging to projects, and notionally add the value we have set aside into an activist's impact account which we reflect in the form of impact dollars. The more act. products which are used by an activist, and the more frequently an activist uses their act. products, the more impact dollars which will accrue in their impact account and the more an activist can pledge to projects.
Although we allow activists to pledge the impact dollars in their impact account in accordance with these act. Terms & Conditions, activists have no legal right to convert the impact dollars in their impact account into any currency, and cannot transfer the value of their impact dollars into any other bank or financial institution account, redeem it for cash, or do anything else other than pledge it to projects. The ability to pledge impact dollars is always subject to compliance with these act. Terms & Conditions, of course.
On www.letsact.com.au/banking you will find a calculator that lets you work out approximately how many impact dollars you can accrue based on your anticipated usage of your act. products. The information on that page is for illustrative purposes only and does not form part of these act. Terms & Conditions. The information on that page is subject to change at any time and all changes will take immediate effect from the time any changes are posted live to that page.
In order to pledge impact dollars accrued in their impact account, an act.product holder must also sign up to act. as an activist. We will let impact dollars accrue in a temporary impact account for the 4 weeks leading up to the date an act. product holder registers as an activist. This means that if an act. product holder registers as an activist at any time within 4 weeks after they have signed up for an act. product, their impact account will be credited with all impact dollars that they would have been eligible for during that time. However, if an act. product holder does not register as an activist until sometime after 4 weeks from the date they signed up for their act. product, then their impact account will only be credited with impact dollars accrued in the 4 week period leading up to the date they registered as an activist. Activists that take their time registering could be missing out on a lot of impact dollars, so we encourage registering on act. as soon as possible after signing up for an act. product!
Since the whole purpose of impact accounts is to give activists a chance to direct part of our profits to worthwhile causes, we don't want impact accounts to accrue impact dollars indefinitely without these impact dollars ever being pledged to a project. If an impact account has been inactive for a period of 2 years, we reserve the right to pledge all of the impact dollars accrued in that impact account to a project of our choosing.
If impact dollars have never been pledged from an impact account, the 2 year period of inactivity is calculated from the day impact dollars began to accrue in the impact account. If impact dollars have previously been pledged from an impact account, the 2 year period of inactivity is calculated from the day the most recent pledge from the impact account was made.
If you’re keen on doing good things with your banking but don’t want to manage your own impact account, that’s no problem. You can ask us to allocate any impact dollars that you accrue from your act. products into someone else’s impact account – say, a friend or relative of yours (let’s call them your ‘nominee impact account holder’).
If you choose to do this, you need to complete our online impact dollar nomination form to let us know the name of your nominee impact account holder (who must be an activist with a valid act. account). Starting from the first business day of the next month after we receive your request, we’ll start putting your impact dollars in the impact account of your nominee impact account holder. Your nominee impact account holder can then starting pledging your impact dollars to the many exciting projects on act. as if they had accrued the impact dollars themselves.
Once impact dollars have been allocated into the impact account of a nominee impact account holder we can’t get them back for you, so please nominate wisely. If at any time you want to switch back and start accruing impact dollars in your own impact account again, please email us and we'll arrange for this to start happening from the first business day of the next month after we receive your request
So as an activist, it’s possible that you could receive impact dollars in your impact account which you weren’t expecting (thanks to someone nominating you as their nominee impact account holder). If this happens to you, be grateful and put the impact dollars towards a great cause on act.!
1.13. Remember, act. is a place for good. By using act. you agree to follow our basic principles of conduct and ethics. You are accountable for your actions on act. and must exercise common sense and good judgment in all your interactions with others and any posts you make on act. Be respectful with any content that you post and comments you make to other users – we're all here for the same reason, to do good things and support good causes! When posting anything on act., avoid content that could be viewed as malicious, obscene, threatening or intimidating, or that might constitute harassment, bullying or otherwise be offensive to others. You must not post any information that contains or promotes illegal products, materials or statements. We reserve the right to remove any content that you have posted on act. that we deem inappropriate.
1.14. act. is exciting, fresh and constantly evolving. Information might be added to the platform by activators, activists, supporters and us. We make no guarantees about the quality of the information / data available on act. (including any errors or omissions) and you are responsible for making your own enquiries before acting on any information you read on act. We do not endorse the views of activators, activists or supporters that appear on act. nor do we endorse any particular project that appears on act.
1.15. Sometimes a project may need to be removed from act. before the project deadline. This is not something we like doing, but circumstances may require us to remove a project either at the request of an activator, or for other reasons. We reserve the right to remove projects at our sole discretion. Where we can we will provide you with reasons for the removal of a project, but unfortunately this might not always be possible depending on the circumstances. If a project is removed before the project deadline, the project will be deemed unsuccessful irrespective of the amount pledged as at that date and payments for pledges will not be processed.
1.16. Sometimes generous Australian organisations or individuals want to be a part of the act. revolution and wish to help double (or more!) pledges made to a particular project – we call them our matched funders.
Matched funders are generally so excited about a particular project that they'll agree to match pledges to a project 'dollar for dollar' (or even greater, depending on how generous the matched funder is feeling). If a matched funding arrangement is in place for a project, the relevant project page on act. will let you know about it and how it works.
Basically, if a 'dollar for dollar' matched funding arrangement is in place for a project, if you pledge $1 (either in real money or the impact dollars equivalent) to that project the matched funder will contribute a further $1 on top of your pledge, helping the project to hopefully reach its target even sooner – how good is that?!
Matched funding arrangements may be limitless (e.g. no matter how big the project target is, the matched funder will match every pledge made by activists or supporters to that project) or they may have a maximum matched funding limit in place (e.g. the matched funder might match the first $5,000 of pledges made to a project but no more). It is even possible to have more than one matched funder supporting a single awesome project, meaning your pledge could be matched by any number of generous partners. The project will always specify the type of matched funding arrangement in place (if any).
1.18. We established act. to help connect worthwhile social impact causes with generous individuals willing to fund these causes, whether by using a percentage of our profits or their own money. act. is just a facilitator helping to connect activists and supporters seeking to support projects with activators carrying out projects. When activators and activists / supporters enter into an agreement with each other through act., we are not a party to the agreement between them and the agreement cannot be enforced against us. There is no relationship of employer and employee, principal and agent, broker, servant or partnership between us and activists, supporters or activators. What you all choose to agree to is independent of act. and act. is not bound by that agreement and will not become involved in any way, other than as agreed in these act. Terms & Conditions.
1.19. act. is a place for good. To the extent the law allows, we don't get involved in any disputes between you and other activators, activists or supporters that may arise from or in connection with your use of act. If you believe you have an issue with another user of act., please contact them directly to try resolve it.
However, if you believe a user has breached these act. Terms & Conditions or has behaved inappropriately on act. (for example, by bullying another user), please let us know as soon as possible so that we can investigate and take action (if required).
1.20. act. was made by Australians for Australians. We're pretty confident we've complied with all Australian laws that may apply to act., but every country is different. If you are accessing or using act. from outside of Australia, you do so at your own risk and we make no guarantee that using act. is permitted in countries outside of Australia.
1.21. You cannot assign your obligations under these act. Terms & Conditions without our prior written consent. They are personal to you as an activist, supporter or activator and your obligations continue while your act. account remains open.
We reserve the right to transfer or assign our obligations under these act. Terms & Conditions to a third party in the future without obtaining your consent.
1.22. We're not perfect, even though we'd like to be. While we will at all times use our best endeavours to comply with these act. Terms & Conditions, if we fail to perform our obligations under these act. Terms & Conditions, or there is a delay in us performing our obligations, you agree that we're not liable to you and you release and indemnify us and ouract. associates in respect of any consequences as a result (even if we and/or our act. associates are negligent).
1.23. Another wordy legal clause here, but we need to make sure we are able to give you the best possible experience when you use act. For the avoidance of doubt (as some of these are already dealt with in other parts of these act. Terms & Conditions), we reserve the right, in our sole discretion and for whatever reason deemed suitable by us, and at any time and without advance notice to you, to:
a) remove, suspend or not accept a project, activator, activist or supporter onto act.;
b) reverse, cancel or not allow a pledge to a project; and/or
c) vary the contents of a project on act., either before the project is accepted or at any time while the project is live.
1.24. Another paragraph our lawyers wrote for us – sorry. To the extent the law allows us to, we disclaim all conditions, warranties and guarantees expressed or implied, and all rights and remedies conferred on you, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than those that we're not allowed to exclude (for instance, those that may not be excludable under the Australian Consumer Law). To the extent permitted by law, our liability for a breach of a right or remedy in connection with these act. Terms & Conditions is limited to our having to supply to you a similar service again (i.e. as an activator, allowing you to list a new, similar project on act., or as an activist / supporter, allowing you to pledge to another similar project on act.).
1.25. We're extremely proud of act. and are excited by the positive social impact possible through act.! Just to be clear, act. is ours and we own all intellectual property in act. itself (including the domain name www.letsact.com.au and the source code, underlying algorithms, etc., in the platform) and in all materials on act. (excluding those which are uploaded to act. by you or which we use under licence, of course). Basically, because we want you to enjoy act. as much as we do we give you a temporary non-exclusive right to use act. (and our intellectual property in act.) in accordance with these act. Terms & Conditions.
1.26. Projects on act. are exciting. Whether you're an activist, a supporter or an activator, we get that you might like a project so much that you'll want to tell the world about it. If you do spread the word about a project on act. in any way (such as through social media, texting your friends, traditional advertising, etc.), then you agree that we are not responsible for, and you release us and our act.associates from liability in connection with, your communications or omissions about a project on act. or act. itself, no matter the medium. You agree to indemnify us and our act.associates in the event anyone takes legal steps against us for a breach by you of this promise.
1.27. We're really sorry, but we need to get all legal on you again here.
a) If we fail to exercise any of our rights under these act. Terms & Conditions that does not mean we waive our rights to exercise those rights later. If we do exercise a right (partially or in full but just once), that doesn't mean we can't again exercise that right later.
b) None of the terms, conditions or any matter or thing done under or in connection with these act. Terms & Conditions operates as a merger of any of the rights and remedies of you or us under these act. Terms & Conditions, but such rights and remedies will at all times continue in full force and effect.
c) These act. Terms & Conditions only confer rights and benefits on you and us (including our act. associates), and not on any other person, unless otherwise set out in these act.Terms & Conditions.
d) Just to be clear, nothing contained in this act. Terms & Conditions will be deemed or construed by you or us or by any other person as creating a relationship of partnership or of principal and agent or of joint venture between or amongst you or us.
e) You agree that these act. Terms & Conditions cover the entire agreement between us in respect of your use of act. Nothing we may have said or represented to you will form part of the agreement we have with you unless it is expressly written in these act. Terms & Conditions.
f) If for some reason a provision of these act. Terms & Conditions is void or invalid in any jurisdiction, then it is void or invalid in that jurisdiction only to that extent, without invalidating or affecting the remaining provisions of these act. Terms & Conditions or the validity of that provision in any other jurisdiction.
g) The rights of you or us conferred by these act. Terms & Conditions are cumulative and are not exclusive of any rights provided by law.
h) These act. Terms & Conditions will be construed in accordance with the laws of the State of Victoria and you and we agree to submit to the jurisdiction of that State.
Section 2 – activists and supporters
2.1 This section of the act. Terms & Conditions only applies to activists and supporters (the generous people donating to projects on act.) and a reference in this section to you or your means activists and/or supporters only.
If you're an activator (someone running a project on act.), move along to Section 3 for the terms that relate to your use of act.
2.2 If you decide to financially support a project, you make a pledge to that project. A pledge is a commitment by you to contribute money towards a project, but no money actually changes hands unless and until the project reaches its funding target (more on this below).
If you are an activist, you can make a pledge in one of two ways:
a) you can make a direct pledge of your own money from your credit card or debit card; or
b) you can make a pledge of impact dollars in your impact account.
And if you are feeling particularly generous, you can do both!
As a supporter, you can make a direct pledge of your own money from your credit card or debit card.
Direct pledges (activists and supporters)
If you make a pledge from your credit card or debit card, your card is not charged at the time you make the pledge. Our payment processing partner will hold onto your payment details (securely) until the project deadline (including any extensions we might allow) arrives to see if the project hits its funding target. If the target has been reached, your pledged amount will be charged to your credit or debit card and these funds will then be forwarded to the activator to carry out the project you've supported. If the project funding target is not reached your credit or debit card is not charged and no money is transferred to the activator.
Because direct pledges aren't actually processed unless a project is successful, you are responsible for making sure you have sufficient funds available on your credit card or debit card for at least 5 business days on and from the project deadline to allow the payment to go through when it is processed (which is typically within 24 hours after the project deadline). If your credit or debit card is declined and/or our payment processing partner is unable to process your pledge for whatever reason, it will re-attempt to process your pledge within 5 business days after the project deadline. You are responsible for any fees that you may incur from your financial institution, and any fees or losses that we may incur, as a result of you not having sufficient funds available at the time the payment is processed.
We do not keep any of your credit card or debit card details ourselves. The payment facility on act. is run by our payment processing partner and only they have access to the payment data you enter on act. in order to facilitate payment of your pledge. We do not have access to your payment information and you agree to release and indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with our payment processing partner and/or you submitting your credit card or debit card details on act. (even if we and/or our act. associates are negligent).
Impact account pledges (activists only)
As an activist, if you make a pledge from the funds in your impact account, we reduce the amount of funds available in your impact account by the amount of your pledge, at the time your pledge is made. We still won't actually transfer the funds to the activator unless and until the project is successful, but we can't leave the funds sitting in your impact account. If we do you might accidentally pledge these funds to other projects and not have enough funds available in your impact account if all those projects are successful. If a project you have supported using funds in your impact account is unsuccessful, we will return the pledged funds to your impact account. If the project is successful, Community Sector Banking Pty Ltd will pay real money to the nominated project on your behalf equal to the impact dollars pledged by you, but in Australian currency.
Once you make a pledge, the pledge is final and you can't take it back. act. is about raising much needed funds to do good things, so to make it easy for everyone to see exactly how much money has been pledged to a project we cannot allow you to withdraw a pledge after you have made it. This wouldn't be in the spirit of act. Pledges, however, will be returned if the nominated project is unsuccessful in meeting its funding target.
You can pledge any amount from $1 up, so feel free to pledge as much or as little as you like to the wonderful projects on act.
And don't forget a pledge is a contribution to a project. It doesn't give you any rights to the project itself – let the activators take care of carrying out the project while you sit back and bask in the knowledge that you contributed to a worthwhile cause.
Activators may need to cancel or refund a pledge you have made to their project. We doubt this is something they would want to do often – after all, act. is about raising funds to do good things – but activators are allowed to cancel or refund your pledge at any time and for any reason at their sole discretion. We also reserve the right to do this at our sole discretion should we believe it is appropriate in the circumstances.
2.3 Our merchant facility provider charges a small fee on all credit card transactions processed through the payment facility on act. So that our activators aren't forced to pay these fees (which would reduce the funds available to them to carry out their important projects), these fees need to be passed on to you at the time your credit card is charged for a pledge made to a successful project. The merchant fee is a flat $0.30 on all pledges irrespective of the amount pledged, but you'll only be charged the fee if and when the project is successful and your pledge is processed.
2.4 These act. Terms & Conditions are important. If we find out that you've breached any of the provisions in these Terms & Conditions, or if you in any way do something that damages the reputation of our act. associates or us, we might have to suspend or terminate your activist or supporter account. If we have to do this, we may do so without advance notice to you. Please don't make us have to do this.
2.5 We hate to get all legal on you, but by signing up to act. you agree to release and indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with a breach of these act. Terms & Conditions and/or misuse of the act. platform either by you or someone else using your account (even if we and/or our act. associates are negligent). Also, we take no responsibility for someone else logging on and using your account, so please keep your password secure and don't share it with anyone!
2.6 act. is a place where you can find out about the many exciting projects activators are hoping to carry out to make a positive difference. However, the presence of a project or activator on act. should not be taken as an endorsement of that project or activator by us. We simply provide the platform to connect you with activators. We do not guarantee the accuracy of any information on a project listing, the identity of an activator, the potential success or impact of a project, whether the activator will actually carry out the project and/or how pledged funds will actually be used by an activator. You make a pledge to a project run by an activator, you do not make a pledge to us.You are responsible for independently checking out an activator or project and making sure you are comfortable with them before making a pledge.
2.7 You'll find a lot of information on act. about the many exciting and interesting activators on the platform, so much so that you might be inspired to do more than just pledge to a project. If you decide to get in contact with an activator outside of act. or to link up with an activator in an ongoing capacity (e.g. by volunteering your time or seeking employment with an activator), we think that's great – but if you do, it's your choice to do so and we take no responsibility for anything that may happen as a result.
2.8 act. is an exciting new way to contribute to worthwhile causes and make a positive social impact, but maintaining and upgrading the act. platform to make this possible isn't cheap. To pay for maintenance and upgrades to act., we need to charge activators a small fee for listing their projects. Activators are fully aware of the fee they will incur on a successful project, and we ask them to take this into account when setting their funding target – because when you contribute to a project, we want you to know that the funding target set by the activator has taken expenses into account and is enough to allow the activator to carry out the project to completion based on their projections at the time they list a project.
We recognise that crowd funding activities may not always go to plan and worthy projects might miss out on their funding target. We're not in the business of taking money away from worthwhile causes and organisations for simply having a go at something different, so that's why we don't charge any fees on projects that don't reach their funding target. We want to encourage people to make a positive social impact through act., so we're happy to wear those costs.
2.9 Activators are grateful for your support and want to say 'thanks' for your pledge. Sometimes activators think that words are not enough to show their appreciation for your generous support, so they might want to send you a little something as a token of their appreciation. These 'little somethings' (rewards) might include things such as pens, t-shirts, mugs, caps, toys, etc. – something the activator feels might be of interest to you.
A project listing will always make it clear whether the activator is offering a reward as a thank you for your generous donation. So that the activator can send you your reward, you'll need to provide us with your mailing address when pledging to these projects. If you do not enter your mailing address when making a pledge then the activator will be unable to send you your reward.
While we don't provide you with tax advice, it's important to keep in mind that if you receive a reward for your pledge then it may not necessarily be considered a tax deductible 'donation' for tax purposes. We recommend you speak to your accountant or tax advisor before making a pledge if you have any questions about this.
You agree that act. is in no way responsible for the types of rewards offered by activators, whether or not you actually receive the rewards promised, or for any taxation consequences that may arise as a result of you pledging to a project that offers a reward.
Without boring you with all of the legal details, if you are an activist and you make a pledge using impact dollars in your impact account you are asking us to donate a share of our profits on act. products to the activator. This means that we are legally entitled to the rewards an activator might be offering as a thank you for donations – but we couldn't do that to you! So that the rewards end up going where they belong – i.e. you – we irrevocably and unconditionally assign our rights to receive any rewards that we might be entitled to receive as a result of your pledging of impact dollars in your impact account, to you (as the impact account holder).
2.10 We encourage activators to keep in touch with their activists and supporters – receiving updates about a project you have contributed to lets you see where your money is going and makes you feel like you're a part of something special.
When signing up to act. we'll ask you whether you consent to act. passing on your contact details to the activators running projects you have supported so they can get in contact with you during and after the project.
If you don't want to be contacted by activators, then where possible we won't disclose any of your details to them. However, there may be some circumstances where we must pass on some of your details to an activator, even though you have requested not to be contacted by them. For example, if you make a tax deductible pledge to an activator we will need to provide the activator with enough details for them to issue you with a tax deductible receipt for your pledge (such as your full name and email address). If we do not pass on these details, the activator will be unable to issue you with a receipt for your donation – which (if the donation is tax deductible) might not be very fun around tax time! Also, if you make a pledge to a project and your credit or debit card is declined at the time the pledge is processed (for any reason), we will pass on your details to the activator running the project so that they can follow up your declined pledge with you directly.
If you do not wish to be contacted by an activator aside from them giving you a receipt or making sure your pledge is received in full, we'll always pass on your request not to be contacted. Unfortunately, we can't control the actions of activators and we do not guarantee that activators will follow your 'no contact' request. If this occurs, you will have to follow it up with the activator directly.
2.11 Depending on the type of project you are supporting, and the activator involved, your pledge may be tax deductible, and if so you will be eligible to receive a DGR receipt for your pledge – supporting social impact and your wallet at tax time, all with a single pledge!
As much as we'd like to, we can't control the actions of activators. If you have asked for a DGR receipt when making a direct pledge to a project, the activator is responsible for issuing you with a receipt when the pledged funds are received by the activator (if the project reaches its funding target). We will pass on your name and contact details to the activator so that they can prepare a receipt for you, but we are unable to issue receipts ourselves and we do not provide any guarantee that activators will issue you with a receipt. If you do not receive your DGR receipt, you will have to follow this up directly with the activator.
You will only be potentially eligible for a DGR receipt for the direct pledges made by you. Unfortunately, the donation by us of our money as a result of you directing the use of your impact dollars (if you are an activist) as a pledge to a project is not going to allow you to also receive a DGR receipt for that part of your pledge.
We make no representations about the tax deductibility or otherwise of pledges made to any project on act. For the avoidance of doubt, not all pledges made via act. are directly tax deductible. All questions about DGR receipts should be directed to the activator running the particular project. If you have any questions about the tax deductibility of a pledge you wish to make to a project, we recommend you speak to your accountant or tax advisor.
2.12 While we carry out some checks on activators before accepting them on act., we can't guarantee that activators will always do what they say they will do. We in no way represent that activators will in fact carry out the projects listed on act. or provide any guarantee that your pledged funds will be used as described by activators in their project listing.
2.13 We allow over subscriptions to projects on act. Basically, you are able to continue pledging to a project right up to the project deadline even if the funding target has already been reached.
Why do we allow this, you ask? We recognise that some projects will be so good that you and other activists / supporters might want to just keep on giving no matter how much money has already been raised. Just because a project has hit its funding target doesn't mean that the activator running the project doesn't need extra funds to help them create an even bigger, better project and greater social impact!
Our project listings include an up-to-the-minute pledge counter showing just how much money has already been pledged to a project. This means that you'll always know exactly where a project sits in relation to its funding target before deciding to make a pledge yourself – so if you're not comfortable with an activator receiving more money than they were originally seeking, you can decide to give that project a miss and make a pledge to another project that you believe is in greater need of your pledge.
Our Terms & Conditions with activators (in Section 3 below) require them to put any surplus funds received to good use for a purpose consistent with the desired social impact of the project. Unfortunately we can't guarantee that this will happen, so any pledges you make to a project that has already reached its funding target are made at your own risk.
2.14 You agree that we are in no way responsible for any matched funding arrangements in respect of a project that you have pledged to. If a matched funding partner fails to match your pledge to the project or fails to account to the activator for the matched funds for whatever reason, you agree that you cannot make any complaint or claim against us as a result of this.
Section 3 - activators
3.1 This section of the act. Terms & Conditions only applies to activators (the people running the projects on act.) and a reference in this section to you or your means activators only.
If you're an activist or supporter (i.e one of the generous people donating to projects), go back to Section 2 for the terms that relate to your use of act.
3.2 As part of the sign-up process, you will need to upload certain documents to act. We reserve the right, and you authorise us, to contact the issuer of any documents you upload to act. so that we can verify their authenticity.
3.3 act. is a place for good. We only accept projects on act. that are aiming to create a positive social impact. We will not accept projects that involve any illegal activities or any projects that we believe are not in the spirit of act.
Before a project is accepted on act. it must be approved by our project governance committee to ensure only those projects that reflect act.'s core philosophy end up on act.
Our project governance committee is comprised of 5 members as follows:
- 2 representatives of the act. division
- 1 representative of Bendigo and Adelaide Bank Limited
- 1 representative of Community 21 Limited
- 1 independent representative
Your application to list a project on act. is carefully reviewed by our project governance committee and a decision on whether your project has been accepted will typically be communicated to you within 3 business days of us receiving all of the information necessary to review your application. All decisions of the project governance committee are final and are made at its sole discretion.
When reviewing your application to list a project on act., the project governance committee takes into account:
a) the quality of the identification and other required information you have provided during the application process;
b) the degree of positive social impact that will be generated by your project;
c) the degree of risk associated with your project for us and the act. brand; and
d) anything else we deem appropriate in the circumstances.
If your project is accepted on act. but is not successful in reaching its funding target, you are welcome to re-submit your project. Your project must again pass the approval criteria above before it is accepted on act. by our project governance committee.
If your project is accepted on act., once your project is live you are unable to alter the project deadline or funding target for the project. We do allow you to make changes to the contents of your project listing while a project is live on act., however, any changes must not be substantive in respect of the project specifications and the desired social impact (which we reserve the right to determine in our sole discretion).
3.4 As set out in Section 1 of these act. Terms & Conditions, projects on act. operate on an 'all or nothing' funding model. This means that unless your project reaches its funding target by the project deadline, you will not receive any of the pledged funds – so, you receive everything pledged to your project or nothing at all, depending on whether your project succeeds. You acknowledge that you are not eligible to receive any funds from us, activists and/or supporters for unsuccessful projects. We are not responsible in any way if your project fails to meet its funding target by the project deadline. You agree that you will not take any action in reliance on funds you anticipate receiving for a project until such funds have been remitted to your bank account after the project deadline.
3.5 When we accept a project of yours on act., the project listing is likely to include materials specific to your project or you as an activator. By uploading any materials to act. for inclusion on your project listing:
a) you warrant either that you are the owner of the intellectual property in these materials or that you have consent of the owner of the intellectual property in these materials to use the materials in connection with your project; and
b) you unconditionally and irrevocably agree to grant to us a non-exclusive, irrevocable, royalty-free, worldwide licence to display, modify, reproduce, publish or use the materials in any other way for the purpose of including your project on act.
3.6 We recognise that crowd funding activities may not always go to plan. We're not in the business of taking money away from worthwhile causes for simply having a go at something different, so that's why we don't charge any fees on projects that do not reach their funding target. We want to encourage people to make a positive social impact through act., so we're happy to wear our costs for those projects. Subject to you meeting our project selection criteria, you're welcome to have another go at listing your project on act.
You agree that the fee we charge you for a successful project on act. is not commission-based or a fee intended to derive a profit for us, and you agree that the fees we charge are reasonably necessary to cover our costs of maintaining and upgrading act. and listing your project on act.
The range of fees charged for successful projects can be found at www.letsact.com.au/fees.
You agree to pay to us the fee applicable to your project (if successful) and you agree that this fee may be deducted from the pledges that we will distribute to you following the completion of your project deadline.
3.7 If your project reaches its funding target, our payment processing partner will process the direct pledges made to your project and transfer funds from the pledges successfully processed into our holding account. Subject to us verifying the bank account that you want the funds to be transferred to (you will need to provide us with documentation proving ownership of the account), we will transfer the pledges that were successfully processed to you approximately 15 business days after the project has completed. We are not responsible for, and you release us from liability in connection with, any delays in the transfer of pledged funds to you if this 15 business day timeframe cannot be adhered to for any reason (even if we and/or our act. associates are negligent).
3.8 act. is not responsible for chasing pledges from activists or supporters which have not been successfully processed for any reason. If your project is successful but an activist's or supporter's credit or debit card is declined (for whatever reason) when the payment is processed, you are solely responsible for recovering that pledge from the activist or supporter (if you wish). Within approximately 5 business days of the project deadline of a successful project, act.'s payment processing partner will attempt to again charge the credit or debit cards of all activists or supporters whose pledges were declined in the first instance. act. will take no further part in attempting to recover unprocessed pledges.
You must take the possibility of unprocessed pledges into account when setting the funding target for your project in order to ensure that you receive sufficient funds (if your project is successful) to carry out the project as proposed.
3.9 A general description of matched funding arrangements is set out in Section 1 of these act. Terms & Conditions.
Matched funding partners can be sourced in a number of ways. We may be approached by an Australian business or individual wanting to be a part of act. as a matched funding partner, we may seek out businesses or individuals that we believe might be interested in becoming a matched funding partner, or you may have a business or individual in mind to be a matched funding partner for your project either at the time of listing the project or any time during the project period.
If we are approached by and/or seek out a business or individual that is interested in becoming a matched funding partner for your project, you will receive a message to your activator account on act. asking you to approve the proposed matched funding arrangement before it is put in place. If you provide us with details of a business or individual interested in becoming a matched funding partner for your project, you authorise us to contact that business or individual directly to discuss the proposed matched funding arrangement.
You agree that we are in no way responsible for any matched funding arrangements you have agreed to accept for your project regardless of the manner in which the matched funding arrangement comes into being. If a matched funding partner fails to account to you for the promised matched funds, you are solely responsible for recovering those funds from the matched funding partner.
3.10 Subject to the restrictions contained in this clause, we allow you to offer rewards to activists and supporters as incentives for making a pledge to your project.
Rewards must be non-monetary items only with a value not exceeding the value of a pledge to your project eligible to receive that reward, and all rewards must be pre-approved by us before they can be offered to activists. Aside from providing a pre-approved reward to an activist or supporter and actually carrying out the project, you must not provide an activist or supporter with any other form of benefit in connection with a pledge. Rewards must not involve the offering of financial products, financial returns or incentives, proprietary interests, securities, derivatives etc. – act. is a place for activists and supporters to pledge to a specific project, not for you to carry out capital fundraising activities (or similar). You agree that act. in no way constitutes a managed investment scheme and that you will not provide any rewards, or do or allow to be done anything, that could result in a contravention of the Corporations Act 2001 (Cth) by you or us.
We reserve the right at our sole discretion to refuse one or more rewards that you wish to offer to activists and supporters for pledges made to your project. All rewards must not fall outside the general spirit of act., must not cause or have the potential to cause offense to others and must not involve any illegal items or activities.
If you attempt to offer rewards to activists and supporters that have not been pre-approved by us,we reserve the right to take such action against you as we deem appropriate in the circumstances, including but not limited to, suspending or terminating your account or removing your project from act.
If you do offer rewards (that have been pre-approved by us) to activists and supporters, you will use your best endeavours to deliver the rewards to all activists and supporters eligible to receive them equally. You must ensure that you have sufficient rewards on hand (or are able to source these) in order to deliver rewards within a reasonable time period after your project is successful. You will also use your best endeavours not to use pledged funds in order to fund your costs in connection with providing the rewards.
3.11 You must not make any misleading statements in your project listing about the potential tax deductibility of pledges to your project. You must not give activists and supporters the impression that pledges made to your project are tax deductible as gifts / donations if you do not have DGR status.
If you do have DGR status but the nature or details of your project will not allow you to issue DGR receipts or will otherwise not allow pledges to your project to be tax deductible (for whatever reason), you must not falsely or recklessly represent to activists and/or supporters that pledges will or may be tax deductible. For example, if you are offering rewards as incentives for activists and supporters to pledge to your project, pledges made to your project may not be tax deductible gifts depending on the type of reward offered. If you do have DGR status and are offering rewards for pledges to your project, you must ensure your project listing does not falsely represent to activists and/or supporters that pledges will be tax deductible where this may not be the case.
We reserve the right to delete potentially misleading statements about the tax deductibility of donations from your project listing without notice to you.
If your organisation has DGR status, you are solely responsible for issuing DGR receipts to activists and supporters for pledges made to your project (if applicable). We are not responsible for issuing DGR receipts and we will provide no assistance to you for this purpose other than to provide you with relevant details of the activists and supporters who have supported your project (where they are available to us and the activist or supporter has authorised us to disclose them to you). You agree to indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with your issuing of or failure to issue DGR receipts to activists and/or supporters.
3.12 We do not guarantee or represent that pledges you receive through act. are charitable donations. Depending on your tax status and other factors, pledges made in support of your project might be considered income for taxation purposes and you may be liable to pay income (or any other) tax on funds received. We recommend you speak to your accountant or tax advisor in this regard and rely on that advice in your engagement with act.
You release and indemnify us and our act. associates in respect of any taxation consequences that may arise as a result of your decision to list (and any involvement with) a project on act.
3.13 By submitting a project to act. you agree to comply with all applicable State and Federal fundraising laws.
You agree to indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with any breach by you or us of a State or Federal fundraising law.
3.14 Running a project on act. is a big responsibility. Activists and supporters care about your projects and we want to make sure they receive the best possible information about your projects so that they can make informed decisions about pledging. So that you can help us make this happen, you agree to:
a) make sure all information on your project listing is up-to-date and accurate at all times;
b) let us know immediately if something happens that might compromise your project's proposed social impact or your ability to carry out your project;
c) keep activists and supporters updated on the progress / success of your project by posting updates on act. about your project both 1 month and 6 months after the project deadline;
d) promptly provide any additional information or materials about you or your project that we ask you for;
e) obtain, and continue to maintain at all relevant times, any licences, approvals, consents or other permissions that may be required for you to carry out your project.
3.15 We encourage you to keep in touch with your activists and supporters on act. – receiving updates about a project activists / supporters have contributed to helps them to appreciate the great work you are doing and helps them to feel a part of your project.
You are able to communicate with supporters of your project through act. Updates can be sent to all supporters of your project (whether the project is completed or ongoing) through your act. account messages.
When an activist or supporter signs up to act., we ask them whether they consent to being contacted outside of act. by the activators running the projects that they have supported on act. If an activist or supporter that has supported your project consents to being contacted by you outside of act., we will pass on their contact details to you to enable you to get in touch with them.
Sometimes we will need to provide you with an activist's or supporter's contact details even where they have not consented to you contacting them outside of act. For example, this would include where you are a DGR and an activist or supporter has supported your project, making them eligible to receive a DGR receipt from you for their pledge. In these circumstances we will advise you that the activist / supporter has not consented to being contacted by you except for being provided with a DGR receipt (if applicable). You must not attempt to contact such activists / supporters outside of act. and/or add such activists / supporters to your mailing lists, databases, etc. You are only permitted to provide such activists / supporters with a DGR receipt (or other such specified purpose) and you must respect the privacy wishes of all activists and supporters.
You must comply with all privacy, SPAM and any other legislation that may apply to you or your project in connection with your use of act., communications with activists and supporters or the carrying out of your project. You agree to indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with any breach of a law by you.
3.16 If your project is successful, you must carry out the project using the funds you have received through act. to the specifications and within the timeframes that you have communicated to your activists / supporters in your project listing.
We appreciate that unforseen events may impact on your ability to carry out the project as planned. Where this occurs, you must communicate with the activists and supporters that have pledged funds to your project as soon as reasonably practicable to let them know of any changes to the project or to how the pledged funds will be used and the use of such funds must always be in the same spirit as the initial project description.
You agree to indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with your use of the funds you receive for a project listed on act.
3.17 We allow over-subscriptions to projects on act. Basically, activists and supporters are able to continue pledging to your project right up to the project deadline even if the funding target has already been reached. This means that a successful project could receive pledged funds much greater than your anticipated costs for carrying out the project.
You agree that in the event you receive through act. any funds over and above the amount of your funding target, you will only use those funds in a manner consistent with the desired social impact set out in your project listing.
We will provide you with an email notification if your project reaches its funding target. When you submit a project for approval you must include a description of how you intend to use any surplus funds pledged to your project. This is required to ensure that activists and supporters continuing to pledge (and those that have already pledged) have an understanding of how surplus pledged funds will be used.
3.18 act. is a place for good. If you:
a) are in breach of these act. Terms & Conditions;
b) in any way do something that damages the reputation of our act. associates or us; or
c) if we believe (at our discretion) that you are in any way manipulating the pledge system on act. to your advantage or to the disadvantage of others,
then we reserve the right to take such action as we deem appropriate in the circumstances, including but not limited to, suspending or terminating your account or removing your project from act.
3.19 By signing up to act. you agree to release and indemnify us and our act. associates from any liability past, present or future from all claims, suits, demands, actions or proceedings arising out of or connected with a breach of these act. Terms & Conditions and/or misuse of act. either by you or someone else using your account (even if we and/or our act. associates are negligent). We take no responsibility for someone else logging on and using your account, so please keep your password secure.
3.20 Without affecting any rights or remedies available to us at law or in equity, if:
a) being a natural person, a trustee is appointed to your estate in bankruptcy, there is an assignment or arrangement of your property, or a composition of your debts under any law relating to bankruptcy; or
b) being a corporation or incorporated association (and subject to any applicable laws dealing with insolvency of incorporated associations), you become insolvent or become the subject of an unsatisfied demand under s.459E of the Corporations Act 2001 (Cth), or otherwise enter into an arrangement for the benefit of creditors,
then you are in breach of these act. Terms & Conditions and we reserve the right to suspend or terminate your account immediately and without prior notice to you.
If your account is terminated under this clause, all incomplete or unsettled projects (i.e. at any time prior to you actually receiving any pledged funds from us) are void and we are not liable to pay to you (or your executor or insolvency practitioner as the case may be) any pledges made to your projects by activists using impact account funds.
3.21 If you are a natural person, then in the event of your death we reserve the right to suspend or terminate your activator account immediately and without notice to your estate. If your account is terminated under this clause, all incomplete or unsettled projects are void and we are not liable to pay to your estate any pledges made to your projects by activists using impact account funds.
act. is a division of Community Sector Banking Pty Ltd ABN 88 098 858 765 (Australian Financial Services authorised representative No. 265317 and Australian Credit authorised representative No. 379667). Community Sector Banking is a franchisee of Bendigo and Adelaide Bank Limited ABN 11 068 049 178 AFSL/Australian Credit Licence No. 237879 and is a wholly owned subsidiary of Community Sector Enterprises Pty Ltd ABN 95 098 858 354. Community Sector Enterprises is a 50/50 joint venture between Bendigo and Adelaide Bank and Community 21 Limited ABN 79 097 612 416.
Banking products are products of Bendigo and Adelaide Bank.
Any information provided is of a general nature only and does not take into account your objectives, financial situation or needs. Before acting on this information, you should consider its appropriateness to your personal circumstances. You should read the applicable Disclosure Documents available online at communitysectorbanking.com.au before making any decision.
Terms, conditions, fees and charges apply. All loans subject to normal lending criteria.