Terms & Conditions

Overview

Mission statement:
To provide support to non-for-profit organisations and local businesses to help them grow using a Christian ethos of kindness, compassion, honesty, respect and faith.

Purpose:
Goombul Pty. Ltd. (also trading under the name Goombul, ACN: 651723045 ABN: 29651723045) is a social enterprise that partners with and provides support and services to non-for-profit organisations, businesses and individuals (herein referred to as the “Client”) in order to help them function effectively and grow.

Employees and contractors:
Goombul representatives are to act in accordance with the terms listed within the Agreement without alteration, unless explicitly agreed to in writing by the Client and the Director of Goombul.

Agreements:
Goombul and the Client agree to act in good faith by being open and honest with each other, which includes providing accurate information when required. False or misleading information may result in termination of the Agreement.

Permissions

Engagement:
Goombul agrees to provide the support and services as described within any written proposal, Agreement or invoice to the Client named within for the period as defined. If required, Goombul will act on behalf of the Client with full permission for the intended purpose as indicated within the Agreement. The Client acknowledges that Goombul is engaged as an independent contractor, not as an agent, employee or otherwise.

Authority of Client:
The Client representative listed within any Agreement has the full authority and support of the Client listed (if applicable) to enter into the Agreement for the duration, amount/s and/or items as indicated. Proceeding without this authority, the representative listed may be personally held accountable to honour the Agreement.

Period of engagement:
Agreements will commence in the month following the completion of the cooling-off period and once payment has been received (if applicable). Agreements will automatically renew each month or year (depending on agreement term) unless indicated otherwise.

Supply and permission of requested information and items:
Upon entering into an Agreement, the Client agrees to provide Goombul with the requested relevant items and grants Goombul permission to use them as required to implement the support and services as per the Agreement. This may include, but is not limited to, the Client’s up to date information about themselves and/or organisation, logo, certificate of incorporation and their most recent audited financials. Any and all information and items provided by the Client will be treated in accordance with the Terms & Conditions and Privacy Policy.

Third-Party Permission and Material:
Third-parties are used by Goombul to implement the support and services provided to the Client. All Client information is treated with the utmost confidence and is only shared with third-parties when essential for operational purposes or when required to do so by law.  By entering into or enquiring about an Agreement with Goombul, the Client grants permission for Goombul to share information when required with third-parties.  Under no circumstances will Goombul be liable in any way for misuse or lost data by third-parties. The Client indemnifies Goombul against any and all claims, costs, losses or damages as a result of third-party transactions.

Policy renewal:
Goombul reserves the right to modify, update and/or replace Goombul policies or procedures as required without prior notice to the Client.

Indemnity:
Goombul is a third-party to the Client and as such has no control over the conduct, decisions or intentions of the Client, nor the use of any funds they may receive through Goombul. Goombul also does not guarantee the accuracy of information provided by the Client. Before making any decisions regarding services and support provided by Goombul, we recommend that you should seek advice from your own legal, financial, tax or other professional advisor you deem appropriate. Goombul disclaims any and all liability or responsibility for the outcome of support or services provided to the Client, either directly or implied.  The Client indemnifies Goombul Pty. Ltd., it’s employees, directors, shareholders and other from all matters directly relating to the support and services provided.

Financial

Payment:
Funds, items or services collected from the Client by Goombul will be used in accordance with the Agreement. Funds provided for non-for-profit organisations will be transferred in full, less any taxes, fees or charges as determined by Goombul and/or any government body. Fees and charges set by Goombul are for purposes of covering costs incurred by Goombul to provide the intended support and/or services to the Client with any profit being reinvested to provide additional support and/or being distributed to non-for-profits identified as needing additional support as determined by the Director of Goombul.  Goombul will ensure the Client is given reasonable notice for payment and/or compliance before any late fees or termination occurs.

Taxes:
GST is applied to all Goombul products and services and is applied on top of the advertised price (unless indicated otherwise). It is the responsibly of the beneficiary to determine which taxes, if any, apply to any funds, items or services they receive and are to advise Goombul accordingly prior to receiving the support and services. Should the incorrect information be provided to Goombul, the beneficiary will be liable for any and all costs or penalties incurred by either the beneficiary or Goombul.

Implementation of services and distribution of funds:
Agreements entered into that adhere to standard Goombul support and services will be implemented as described within the Agreement in full providing:

  1. no unapproved alterations have been made to the Agreement,
  2. the request/s are considered reasonable by all parties involved, and
  • the beneficiary be able and unwilling to accept and acknowledge the Client as per the benefits that are listed within the Agreement.

Period of service

Cooling-off period:
A cooling-off period of 5 business days applies to all Agreements and will commence upon the start date signed by all listed parties. The cooling-off period ends at 5pm on the fifth day. After this, the Client must follow through with the Agreement. A Client may elect to waive or shorten the cooling-off period by way of paying the indicated funds prior to the completion of the cooling-off period (if appropriate) or may do so in writing to Goombul indicating their intention to waive the cooling off period.

Termination of an Agreement:
Goombul reserves the right to terminate any Agreement without prior notice and/or cause. Should an Agreement be terminated, the Client will be advised in writing within 14 days. Any funds paid to Goombul by the Client for services rendered either complete or future, will be subject to review by Goombul with any potential pro-rata refunds being subject to costs incurred, taxes and/or prior distribution of funds to beneficiaries. Should a Client wish to terminate an Agreement, a minimum 30 days written notice must be provided to Goombul explaining:

  1. The reason for the termination
  2. The termination date (must be a minimum of 30 days from the notice date)

If the reason for termination is deemed to be legitimate by Goombul, the termination of the Agreement will be accepted with the Client advised accordingly in writing within 14 days of receiving the notice. Should the termination be approved by Goombul, a pro-rata refund may be provided with no termination costs incurred. In the event that the termination not be approved by Goombul, the Client will be advised accordingly within 14 days of receiving the notice with an exit fee advised should the Client elect to continue with the termination of the Agreement.

Prohibited conduct:
The Client is strictly prohibited from undertaking any action that may be deemed detrimental to the Goombul brand. This includes, but is not limited to, any illegal or unethical behaviour and any public comment or post regarding such items or issues including but not limited to, drugs, violence, discrimination or any other illegal activity, items or substances, whether made intentionally or otherwise.  Failure to comply will likely result in termination of the Agreement and the Client may also be liable for further damages.

Equipment hire:
Any and all equipment provided to the Client from Goombul is done so under a hire arrangement. The equipment whilst held by the Client, remains the property of Goombul unless purchased by the Client or indicated to the contrary by Goombul. The Client is responsible for the equipment for the duration of the hire arrangement, which includes any damages that may occur. Should equipment require repair (excluding product fault), the Client is responsible for any and all costs to repair and/or replacement. At the conclusion of the hire agreement, typically five years from the time of hire, Goombul will be responsible for the upgrade/replacement when deemed appropriate.

Ownership

Intellectual property rights:
The Client acknowledges and agrees that any support or services provided by Goombul that are either protected or unprotected by any trademark, patent, copyright, trade secret or any other intellectual property right laws are the sole property of Goombul. As such, the Client is forbidden to share, disclose, use, copy, modify, sell or lease either partial or in full any and all Goombul intellectual property without the express written consent of Goombul.

Sponsorship

Trial period for sponsorship:
Goombul will be contracted by the Client on a trial period basis of six months. During such time, the Client may choose to terminate an Agreement with Goombul without providing a reason. After the trial period has ended, the Client agrees to contract Goombul for a period of three years minimum.

Exclusivity rights:
By entering into an Agreement with Goombul, the Client agrees to give Goombul exclusive rights to all new sponsorship and fundraising endeavours. These exclusive rights will be held for the duration that Goombul is contracted by the Client plus an additional 12 months. Should a Client elect to utilise Goombul for any or all existing endeavours, these too will apply to exclusivity rights.

Client chosen responsibility:
Should a Client elect to handle aspects of an Agreement, it is the Client’s responsibility to ensure it is implemented as per the intended Agreement. An example, but not limited to, is if the Client elects to do their own marketing and acknowledgement of a sponsor. Goombul will monitor the Client to ensure the Agreement is implemented as intended. Should the Client fail to implement the Agreement, they may be subject to forfeiture of funds, support, services, items or any such product, and also may be liable for any damages, which may include charges and/or requirement to repay for services not rendered.

Redistribution of sponsorship funds:
In the event that an intended beneficiary nominated within an Agreement be unable or unwilling to accept the service or support offered from Goombul, or the Client fail to adhere to the terms listed within an Agreement, any and all funds, items or services being offered will be revoked and redistributed to another party similar to and in alignment with the original intent of the Agreement as to be determined by Goombul.

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