Terms of Use

1.0 Terms of Use

The business terms and conditions of Nettfunder in this agreement comprise the terms and conditions as it applies to the utilization of the services rendered by the Nettfunder platform and includes http://netkicloud.com.au/~nettfunder. The Nettfunder platform includes all websites, online entities and other such means of interaction with users that are administered by Nettfunder. Such entities include, but are not limited to, facebook, twitter, and other social media pages.

If you agree to become a member/user of our platform then it is obligatory to read, accept and agree with all of the business terms and conditions within this agreement including the Privacy Policy of Nettfunder. These policies are subject to change at any time and you consent that this is part of this agreement. Each to you use our platform requires conformity to these terms. It will be considered that you have acknowledged all changes made on the agreement and comply with the Policies regardless of the changes to the terms over time. Read this agreement thoroughly ensure that you interpret the information comprised as it applies to the platform and pages mentioned in the agreement.

By acknowledging this agreement and specifically the policies of the company, you consent to be not only limited by the terms and conditions of Nettfunder but also any posted user agreements and terms that exist on all the platforms that are affiliated with or related to Nettfunder.

Any time the terms and conditions of the Agreement are improved. Improved words or phrases will be mentioned on our platform (website). Keep in mind that all improved terms so posted will be effective instantly as stated in this agreement. Your continued utilization of our service and platform is proof to us that you accept those changes and agree to the amended terms and conditions. In cases where you find yourself disagreeing with the changes to our policies and agreement, it is preferable that you terminate your membership with Nettfunder. However if you continue the use of our service and remain a member of our platform after the amendments, we shall consider that you have admitted the terms as stated.

The terms of our agreement and the policies cannot be amended unless written and signed by Nettfunder management as previously described and authorised by this Agreement.

Take note that whenever the agreement allows a reference to ‘you’ it is referring to anyone performing on your sake or anyone who you have permitted authority to access your account.

2.0 Nettfunder is a Service Provider and a Venue

Nettfunder provides a platform for members who agree with our policies to buy, offer and sell some goods or practices within an arranged price format through and online Network-funding service. It also allows individuals as well as organisations and groups to list the projects and increase funds through experiences, selling items, and giving services (Perks) to the existing and new Nettfunder members, which are the project Backers.

Keep in mind that Nettfunder has no direct involvement with project Creators or the project Backers therefore it has no command over the safety, quality, legality or morality of any Perkrs mentioned on the platform. It is also not in any way capable of knowing the truth about the ability of a project Creator to deliver Perks and the project Backer to give pledges.  Nettfunder cannot guarantee that a project Creator or a project Backer will in fact accomplish a transaction. Therefore, Nettfunder does not move legal ownership of Perks by the project Creator to the Project Backer. Nettfunder cannot ensure the identity, nationality and age of a member.

Considering Nettfunder is a venue you agree that it cannot be held responsible for some content that is posted on it including- text, data, information, images, graphics, photographs, audio, profiles, items, video, as well as links displayed by you, outside parties or other members. The users should be aware that you are a part of Nettfunder at your own personal risk.

2.1 Nettfunder platform operates under the terms of 3 contracts

The contracts exist between Nettfunder and the Creator, Nettfunder and the Backer and the Creator and the Backer

2.2 Nettfunder and the Creator

Nettfunder provides a platform for Creators to post their ideas, products, campaigns and to advertise their goods and services.

As detailed in these terms, this platform serves to collect funds on behalf of the Creator and pass on these funds (minus the Nettfunder fee) in order that the Creator can deliver on it’s promises to the Backers. Nettfunder does not take responsibility for the success of otherwise of the Creator’s posts, nor does Nettfunder assume any control over the Creator beyond the guidelines in this document and in order to assert that the Creator will comply with statuary regulations and financial institution’s limitations. Nettfunder will not collect funds from Backers nor release funds to Creators unless the minimum agreed targets are met.  Funds raised by the campaign will be forwarded to the Creator by the chosen means. The time taken will include the time required by the gateway or merchant to process the payments and for Nettfunder to process the payment this is typically 1-7 days.

2.3 Nettfunder and the Backer

Nettfunder offers a platform for Backers to pledge their support to Creators and to pass on the funds (minus the Nettfunder fee) to the Creator. Nettfunder does not offer any assurance the Creator will deliver against their promises nor is Nettfunder in anyway underwriting the Creator or in anyway in control of the Creator or their failure of degree of success. Nettfunder will not collect funds from Backers nor release funds to Creators unless the minimum agreed targets are met. Nettfunder does make every effort to vet Creator’s competence and makes all best efforts to ensure the Creator is genuine and can and will deliver on their promises, and work within statuary regulations and financial institution’s limitations. But the Backer must make their own determination regarding the risk of backing a Creator’s project.

2.4 The Creator and the Backer

Nettfunder asserts that the Creator and Backer are entering into an agreement with each other when; the Creator posts a Campaign and in so doing makes any promise to deliver a product or service within that Campaign and that Campaign has begun and the Backer makes a pledge via the Nettfunder platform for a running Campaign and the Campaign reaches its minimum target. If the target is not met there is no exchange of funds and any contract is voided. The the terms of this agreement are spelt out in the details of the Campaign and form the basis of the agreement provided they are within statuary regulations and financial institution’s limitations.

 

3.0 Projects

 

 

 4.0 Project Perks and Donations

While listing your project on Nettfunder’s platform you should understand that you have agreed to all of Nettfunder’s published policies. You also justify that you can legally sell/market the product or service you are offering as a Perk. It is imperative that you represent your projects with very detailed descriptions and provide – text descriptions, pictures, graphics, photographs, videos and different content related to the Perk you are offering. The price you have decided on should be made clear to Backers so that no misunderstandings can take place. In cases where the amount is not declared, such as where Donations are sort, the maximum Donation must be less that that described under Nettfunder’s terms and conditions. Where Perks are offered all items of similar should be a similar price. Each singular Perk must have its particular listing like a unique listing.

4.1 Maximum contribution or Perk

The maximum contribution offered or pledged is $2000.00 AUD.

4.2 Maximum and Minimum project duration

The maximum length of time for single campaign is 90 days

The minimum length of time for a single campaign is 14 days.

4.3 Maximum number of projects per Creator

The maximum number of projects per Creator is two (2).

4.4 Maximum number of projects per 12 month period

Nettfunder has set an allowable maximum number of campaigns in a 12 month period to be four (4).

A project Creator can run another campaign when the first has been completed.

However, Creators that have not completed a successful campaign will need to demonstrate that subsequent campaigns are viable.
Also, Creators that have received funds from a previous campaign must demonstrate that their commitments to Backers have been met before subsequent campaigns will be allowed.

4.5 Maximum number of payments per Backer

The maximum number of pledges per backer per project is four (4).

The total maximum sum of these  pledges is $2,000 AUD

4.5 Maximum payments per pledge

The maximum single  pledge is $2,000 AUD

However, for a pledge that is a product the maximum pledge payment with PayPal is $US100

However, for a pledge that is a product and NOT using Paypal the limit is $2000 AUD. Nettfunder offers Stripe for campaigns that require this feature.

4.6 Maximum amount that can be raised

 

A project can be proposed to raise up to a maximum of $99,999, this is the total that can be raised over the whole campaign. This is NOT that target amount, the target amount can be as much as this or lower from $99 to $99,999. However, this does not limit the maximum that can be earned by a highly successful campaign.

5.0 Creator and Project vetting

Nettfunder vets each project ‘by-hand’ to ensure the highest quality of projects are supported on the Nettfunder platform.

All project Creators must provide (as a minimum):

Nettfunder reserves the right to request additional vetting if we believe there is reason to do so.

6.0 Project Creators and seller policies

Project Creators are required to specify the sales policy for each Perk within a project. These should include; shipping, selling, returns and payment policies. These policies should be clear to Backers on the platform and Creators must stand by them. The policies should be in reference to Nettfunder’s platform-wide policies and each Creator is responsible for his/her own sales policy. While Creators are in control of their own policies Nettfunder can request that the policies be changed if they find them ineligible.

All the sales are obligatory meaning Creators are obligated to complete their transactions with project Backers. There are very few cases where exceptions may be acceptable:

(a)   The project Backer is unable to match the conditions as listed by the project Creator

(b)   The Project Creator cannot verify the identity of project Backer.

While these are the responsibilities of the Creators, the Backers are also obligated to hand over the full amount for the Perks acquired, unless of course they face an extraordinary circumstance.

 

7.0 Nettfunder Collections / Nettfunder Project Sponsorship

All the services providing to any member by Nettfunder are classified under The Nettfunder Sponsorship Advertisement. These customers choose what sponsorship advertisements they have with their clients.

7.1 The Publication of Different Sponsorship advertising

Nettfunder will utilise its moderate endeavours to print sponsorship advertisements in the position and in the format defined by our services. The sponsorship advertisements include logos and images introduced for the publication and information or content connecting to publish Advertisements.

Customers grant Nettfunder a worldwide, non-exclusive, royalty-free, sub-licence of the publication, and irreversible licence to issue of, the advertisings in any shape or medium, online or the other. All the customers are to ensure that Nettfunder has this permission.

7.2 Authority to Reject Advertising

Despite the fact that Nettfunder has previously published an advertisement, they maintain the authority to refuse its publication again at any time.

7.3 Authority to vary the Format, Distribution or Placement

Nettfunder will be very cooperative and put in sensible exertions to publish the Advertising in the format as supplied by the customer but Nettfunder reserves the right to alter the placement of advertisements to a small degree for example by changing a title from black to white order that it is readable.

In case of failure to publish advertising in resemblance to the customer’s request, Nettfunder will not be responsible for any damage or loss.

Nettfunder will not be responsible for any damage or loss to any advertising material left in its control.

7.4 Presentation of the Sponsorship Advertising

Nettfunder demands that the customer in no way infringe or breach the following:

– The Consumer Act and Competition or relevant State legislation;

– Any trademark, obligation, copyright of confidential documents or proprietary right or other personal;

– Any law of obscenity, contempt or defamation of any law, court, royal or tribunal commission;

– Anti-discrimination legislation or Privacy legislation of State or Commonwealth;

– Any law of financial services as described in Corporations Act 2001 (Cth);

– Any other applicable code or law (including any delegated legislation, common law, statute, ordinance or rule of the State, Commonwealth, or Territory)

 

 

Advertisements submitted electronically are expected to follow a set of specifications; any advertisement that does not qualify to Nettfunder’s specifications is open to rejection.

In case the Customer is an association and Advertising includes the rates for consumer services or goods, it should keep in mind the constituent price provisions of consumer and the competition act to assign at the end the minimal total price at the time of advertising.

Nettfunder does not allow that a Customer resell their advertising place to any different party without its consent.

If Advertising boosts a trade promotion or competition, Customer guarantees it has acquired all related indemnifies and permits Nettfunder against any kind of loss in relation with Advertising.

7.5 The Online Content of Advertising

All the online Advertisements (including the rich media) should agree with Nettfunder’s image specifications and advertisings.

In an attempt to exclude results from Customers or any third party advertisement servers Nettfunder will measure online banner and display advertising via clicks achieved and impressions delivered. Nettfunder is solely responsible for its assessment and billing of advertising.

It should not expect that Nettfunder would be liable for any damage or loss caused due to internet or telecommunication breakdown.

7.6 Errors

Customers should swiftly check proofs immediately in Advertising if they provide by Nettfunder and inform Nettfunder of every error in published Advertising.

The errors submitted and performed by Customer or their agents will in no way come under the responsibility of Nettfunder. This includes the errors committed by the advertising done over the phone.

7.7 Payment

All the advertisements should be pre- paid by the Customer through purchasing Nettfunder credits that are available in account department of our Site.

The customers are required to pay for the advertising unless another agreement has drawn. The customers will expect to pay GST when they are paying for the advertisements, Nettfunder will provide the tax invoice in this case or an adjustment note in the case of a separate agreement.

7.8 Failing to Pay and Different sorts of Breach

If under any circumstance, the Customer violates these terms and fails to give payment of Advertising, Nettfunder has the right to:

– cancel any sort of credit promised to the Customer;

– take action against Customer for every notable amount;

-The amount put in as capital by Nettfunder can recover including the mercantile as well as legal costs;

– end the publishing of any future advertisement that has not published;

– practice another rights according to law.

8.0 The Confidentiality

All the parties involved in a project shall be treated as confidential may it be; the advertising agents, any other agents or the contractors. They will remain confidential unless law requires disclosure.

The terms of the Agreement;

– The information that will kept is confidential includes all data related to budgets forecasts, advertising schedules, and pre hand booked advertising prices;

– Any document that should be or could consider confidential will considered just that;

– And information that could partly or wholly relates to the information pointed to above.

All parties agree to take any possible precautions to hinder the unauthorised usage, publication, distribution or disclosure of confidential documents and information on the sake of themselves or those related to them.

Responsibility:

The customer recognizes that it has made all its decisions on its own and has not believed upon the advice of Nettfunder in connection to advertisements or any other services provided by Nettfunder.

Nettfunder excludes all suggested warranties and conditions from company’s terms, besides any warranty or conditions (such as warranties and conditions suggested by the Consumer Act or equivalent State act and Competitions) that cannot by rule be excluded “Non-Excludable Condition”.

Nettfunder bounds its responsibility for violation of every Non-Excludable Conditions (to the range such liability may be restricted) and for any different error in published Advertising produced by Nettfunder to re-delivery of Advertising and reward of cost of the re-delivery (at Nettfunder’s option).

Nettfunder eliminates all other responsibilities to Customer for every expenses, costs, damages and losses incurred in connection to Advertising issued by Nettfunder, whether that responsibility arises in tort (included by Nettfunder’s negligence), contract or under ordinance. Without restriction, Nettfunder will be in no cases being responsible for any consequential or indirect losses, wastage of revenue, loss of business chance and loss of profits.

The Customer legally indemnifies Nettfunder and its contractors, officers, agents and employees against any expenses, costs, liability, damages and losses incurred or suffered by Indemnified emerging from Customer’s violation of company’s Terms and Agreements and any unlawful or negligent omission or act of Customer in relation with Advertising.

 

9.0 Questionable, Prohibited and Infringing Items, Rewards and Activities

You are merely liable for your activities and conduct on regarding to the Nettfunder and any and all text, data, information, images, graphics, photographs, audio, video, profiles, links and items  (together, “Content”) that you post, submit and display on Nettfunder.

The Content and your usage of Nettfunder shall not:

– Be inaccurate, false or misleading

– Be involved or fraudulent the sale of counterfeit, illegal or stolen items

– Violate upon any third-party’s patent, copyright, trade secret, trademark or other intellectual or proprietary rights of privacy or publicity or property rights.

– Infringe this Agreement, project guidelines, any applicable ordinance, or any platform policies, regulation, statute or laws (comprising, but not limited to, those consumer protection, managing export control, inequitable competition, false or anti-discrimination advertising)

– Hold items that have recognized by the local government like unsafe to consumers but consequently subject to revoke.

– Be defamatory, unlawfully menacing, trade libellous, unlawfully annoying, or intimidate or impersonate any person (comprising Nettfunder’s users or staff members), or incorrectly state or else distort your affiliation by any person, straight for example, the usage of similar nicknames, email address, or generating the wrong account or any other related device or method.

– Be indecent or restrain child pornography

– Comprise or transfer any cipher of a ruinous nature that can damage, surreptitiously intercept, detrimentally interfere or expropriate any data, personal or system information.

-Entertain images not the part of listing projects

– Adapt, hack or modify Nettfunder or another platform such as incorrectly signify that it is link with Nettfunder;

– Emerge to create responsibility for Nettfunder or cause Nettfunder to lose (in whole or in part) the services of Nettfunder’s ISPs or other suppliers

– Connect directly or indirectly, contain or refer depictions of experiences, services or goods that forbidden under the Privacy Policy, the Agreement as stated on Nettfunder

-Moreover, you cannot list any other item on Nettfunder (or accomplish any transaction, which was commenced using the services of Nettfunder) that, by rewarding to Nettfunder the final value fee or the listing fee, may cause Nettfunder to breach any applicable statute, law,  regulation or ordinance, or that breaches the Usage of Terms.

10.0 Fees

Unless the project Creator reaches the assumed funding target the creation of an account and membership from Nettfunder is free. The fees will be charged only at the time of success.

10.1 Successful Projects

All project Backers will be expected to pay once a project not only reaches completion but also success. Nettfunder will automatically transfer the money to Project Creators via the Pay pal account, minus the Nettfunder’s fees.

In Australia alone, will the funds transferred to Project Creator through an electronic bank transfer and do not transfer via the online PayPal payment service?

No delays will take place once the Project meets its deadline.

10.2 The Projects that are not successful

However, in case of failed project, the pre- empowered transactions for the Project Backer’s undertaking will cancelled by Nettfunder. There will be no transfer of funds from the Backers to the Creators and no fees will be applicable.

10.3 Hand over and Refunds

No project Backer can demand refunds from Nettfunder as the funding for successful projects are non-refundable. Nettfunder will direct the funds for the successful projects to the Project Creators once they have hit the deadline, however project Creators can refund their Backers if they wish to. If in an unexpected situation Nettfunder does refund the Backers their investments the Project Creators will be expected to pay back Nettfunder. The quantity refunded will include any connected costs that are not limited to administrative costs or transactions. For further advice contact: admin@Nettfunder.com

It should be notice that all the responsibilities for compete any obligations regarding the Perks will be up to the Project Creators and that Nettfunder is in no way accountable for the deliveries of these Perks. In case the hands over terms not clarified in the description of project, the communication should be between the Project Backers and Creators and should not involve Nettfunder.

Like any other policy our fees structure is inclined to change. It could be a temporary change on special occasions e.g. vacant service days and it will be effective as soon as the promotional event posted on our Site. Any new service introduced will have its fees effective at its launch. All the fees estimated in the project’s currency rate unless stated otherwise. The fees for the services rendered and all the applicable taxes are to be paid by you as the customer. These include any services and goods or worth added taxes, that will add to the amounts invoiced to you. As a rule, the fees for your project must not mention in the project listings and if you wish to determine the funding aim of the project, it shall consider your right.

To get a refund from Nettfunder for the services used it is obligatory to have a written consent prior to the deal. If no such thing is available, Nettfunder has the authority to remove your account except the credit paid for and all the dues squared off. It will remain removed until all the fees repaid or refund or a credit agreed by Nettfunder. The deactivation will contain all approach to the service comprising prior purchased additional traits and/or the free sides of Nettfunder.

Remember that if payment of the fees for our services violates any suitable law, ordinance, regulation or statue, you will not allow listing your project on our site. It will also be invalid if item breaches our current Questionable, Infringing and Prohibited Items list present at the related time.

10.4 Fee Schedule

Nettfunder retains a fee of 5% on all funds raised in the platform.

Charities and not-for-profit organisations can now use Nettfunder  for fundraising, but only if the campaign is for a project with a definitive outcome and a specific target – not an ongoing charitable appeal. The not-for-profit organisation must a registered charity organisation with an Australian ABN.

Nettfunder offers a discounted fee of 4% for charitable and not for profit organisations.

Payment Gateway fees:

Paypal (Domestic) 2.4% + 30c/transaction

Paypal (International ) 3.4% plus a fixed fee based on the currency received

Stripe (Domestic) 1.75% +30c/transaction 

Stripe (International + AmEx) 2.9% + 30¢/transaction

11.0 Electronic Communications

All communications between the customers and Nettfunder use electronic means; may it be visitation of the Site, dispatch between Emails or Nettfunder posting notices on the Site. For contractual intentions, you (a) permit that you and Nettfunder will be communicating through electronic shape; and (b) consent with the terms and conditions, notices, disclosures, agreements,  and different communications that Nettfunder gives to the members electronically satisfied every legal demand that suchlike communications would gratify if they were in the written form. This will have not any effect on the non-waivable rights of member.

 

12.0 Support

Nettfunder only provides confined support for the service or software but caters to its customers by providing approach to the protected forum. This helps the User communicate with Nettfunder by sending us questions, queries and comments concerning the software. We however should not expect to present warranties clarifying the precision of every statement regarding to or in reaction support postings.

13.0 The Utilization

In case of inappropriate utilization of Nettfunder, We keep the rights to liquidate, reduce, deactivate, terminate or suspend your Nettfunder’s membership. If the situation asks for it- that is you have used Nettfunder illegally and have conducted fraudulent activities, access to the Site and your membership can cancelled as well, terminating your service indefinitely.

Not only will your account and membership be terminated it also be acted immediately upon all your affiliated and they should all be considered to have breached the law.

14.0 General Terms of Nettfunder

You are independent contractors of Nettfunder, and none in this business Agreement forms an employment relationship, agency or partnership. There are not any third party’s benefits are included in this Agreement. Members cannot assign the Agreement either your obligations or rights here-under  in part or in whole, to the third party unless our former written approval and every attempt by members to do so will considered invalid. Should every part of Agreement kept unenforceable or invalid that section will interpret coherent with applicable rules and the rest portions will keep in full effect and force. Our fault to compel every provision of the Agreement will not deemed a waiver of the law to compel such provision. The rights under the Agreement will outlast any conclusion of the Agreement. Nettfunder will not be responsible for any failure or delay to give its services occurred by a factor besides Nettfunder’s rational control (comprising but not confined to the act of war, God, failure of plant, electricity failure, industrial dispute, legal or governmental restraint).

 

15.0 The Users Information:

The Definition: any information listed by you towards Nettfunder or your members in public area (comprising the dispute board and their feedback) or via any email trait will consider “Users Information” This is generally the data transmitted during the listing processes and registration. Users Information contains any information concerning the display lists of sale items on our platform and the content users posted on other pages inside our platform (comprising the images or other photographs).

Your Information is fully your liability because we are merely liable for the publication and distribution of this information; nothing else.

Ensure that your information is safe and will not be harmful to the parties involved with it. It could be and is not restricted to the loss of the monetary type that will be or maybe suffer by Nettfunder. The policies explain the prohibited conduct in complete details. Your data must kept update and must not:

a. become incorrect, false, deceptive or misleading;

b. do not sale stolen items and not involved in fraudulent sale of counterfeit;

c. Violate any third party’s patent, trade secret, copyright, trademark or different proprietary rights or rights of publicity, property, privacy or confidentiality;

d. Infringe any applicable statute, law, regulation or ordinance (comprising, but not restricted to, those managing import and export control, unfair competition, , consumer protection, anti-discrimination, criminal law, and trading laws/fair trade practices);

e. become libelous, defamatory, harassing or threatening;

f. become indecent or including any kind of material that, in Nettfunder’s exclusive and perfect discretion, is in anyway unlawful or inappropriate, comprising, but not restricted to inappropriate, unlawful or obscene images and, if unlike adult in nature, must be divided only to the people who are legally allowed to receive such

g. included any content that were forbidden or that, in Nettfunder’s sole and perfect discretion, can be forbidden content.;

h) Comprise any kind of malicious data, set of instructions or code that will unintentionally or intentionally makes subverts or harmful the proposed function of every Nettfunder platform. Containing, but not restricted to the viruses, worms, Trojan horses, easter eggs, cancelbots, time bombs, or different computer programming errors/routines that can damage, delete, modify, detrimentally intervene with, access without permission, surreptitiously intercept or expropriate any system, personal information or data;

i. make responsibility for Nettfunder or induce us to waste (in part or in whole) the services of Nettfunder’s Internet Services Providers or different suppliers; or

j. connect indirectly or directly to or contain descriptions of services or goods that are restricted under the Agreement;

Merely to permit Nettfunder to utilize the data you supply us with, therefore that our company is not breaching any rights users might have in that data. Users agree to allow us a worldwide, nonexclusive, perpetual, royalty-free, irrevocable, sub-licensed (via multiple ranges) authorise to do and rights the doing of every act included in the copyright of Nettfunder. Moreover, exercise the database and publicity rights (not any other rights) users have in their Data, in any media at present known or unknown, with respect to users Data. Nettfunder will only utilize Your Data in accord with Nettfunder’s Privacy Policy (situated here). Nettfunder’s need this information to display and use your content.

16.0 Anti-money laundering

AUSTRAC (Australian Transaction Reports and Analysis Centre) is Australia’s anti-money laundering and counter-terrorism financing regulator and specialist financial intelligence unit.  Nettfunder will report any  transactions it deems suspicious and works collaboratively with AUSTRAC. Nettfunder track significant cash transactions (greater than A$10,000.00 or equivalent in physical cash value) that can be used to finance terrorist activities in and outside Australia’s borders and report them to AUSTRAC.

As Backers are limited in the amount of they Pledge per project, Nettfunder investigate and may report to AUSTRAC any Backer making Pledges where the sum is greater than $10,000.00 AUD across multiple projects in any 12 month period.

17.0 Legal & Tax Compliance

It expected that along with the agreement, users/members must be familiar with the domestic laws, policies, state legislation, statues, International Laws, regulations and ordinances in accordance to our offered services comprising supporting and listing projects. None of your listings and activities (which further explained under the title of User’s Information) should breach the Broadcasting Services under Act 1992, the Business Practices under Act 1974 or any other legislation relevant to the country. A successful result of transaction between Backer and Creator will be disregarded id it is unlawful. (Example; the sale of profits in real property normally claims a written documents to be generated).

It should note that it is the project Creators responsibility to ensure that the activities conducted under its project listings are in accordance with the laws of Australia and different countries meaning that they are lawful. Project Creators should agree with the terms and conditions presented in the form of these conditions as well as the policies that form section of this agreement.

18.0 Project Creators must consent with country, federal and state regulations

It should be general knowledge that the funds created through Nettfunder are taxable income. Therefore, it is on Project Creators to clarify the amount earned and consent with the local taxes.

18.1 REFERENCE:

References are for the Australian Tax & Legal

18.2 Managing Law

As above terms and conditions fall under the rules and regulations of Australia and managed by them, any legal action that arises under them and is connected to the policies and services of Nettfunder can be brought to court only in Australia. This refers to any rights that are inconsistent with the laws of the country.

18.3 Further Information

Easily available securities such as PC software, hardware or filtering services, can help the parents in restricting access to data that they think harmful for the people under age of eighteen.

Any disagreements and disputes between members and Nettfunder regarding anything from our services to suggestions and complaints should report to the Nettfunder.

 

SECTION 2

NETTFUNDER LOYALTY PROGRAM

21. Introduction

21.1 These Terms and Conditions form the basis of Nettfunder Loyalty Program. They are intended to protect both Members and the Nettfunder Pty Ltd. It is the Member’s responsibility to read and understand them.

21.2 These Terms and Conditions are effective as at the date specified above and may be amended by Nettfunder from time to time. The current Terms and Conditions are those available at this website. Members will be provided with a copy of the Terms and Conditions at the time of joining Nettfunder Loyalty Program and material changes will be notified to Members in accordance with clause 3.2.

21.3 Every Member is bound by these Terms and Conditions.

 

22. Definitions

22.1 In these Terms and Conditions unless the context otherwise requires:

‘Accepted Payment Card’ means one of the credit cards, charge cards or debit cards (excluding any Nettfunder voucher or credit voucher) which a Member must use to make a payment, Nettfunder, or such other form of payment as approved by Nettfunder from time to time;

‘Active Member’ at a point in time, means a Member who has earned or redeemed Points or Status Credits (excluding any transfer of Points to or from an Eligible Family Member) on their Membership account within the previous consecutive 18 whole month period from that point in time;

‘Anniversary Month’ is the month during which a Member joined Nettfunder Loyalty Program, irrespective of the year;

Benefits’ means any of the facilities, discounts, services or arrangements offered or available to a Member as a result of membership in Nettfunder Loyalty Program including earning and redeeming Points and Awards;

‘Complimentary Gold Membership’ means the complimentary Gold status level awarded to member

‘Member’ means a person who is a member of Nettfunder Loyalty Program;

‘Membership’ means membership of Nettfunder Loyalty Program;

‘Membership Year’ commences on the first day of the month following a Member’s Anniversary Month and concludes on the last day of the Member’s Anniversary Month the following year;

‘Points’ or ‘Nettfunder Points’ or ‘Nettfunder points’ means Nettfunder points awarded to Members in Nettfunder Loyalty Program pursuant to these Terms and Conditions. Points are also referred to as ‘Nettfunder Points’ and ‘Nettfunder points’ in these Terms and Conditions and in Nettfunder Loyalty Program marketing;

‘Nettfunder’ means Nettfunder Pty Limited ABN 54.252.212.134

‘Nettfunder Loyalty Program’ means the frequent flyer program operated by a Nettfunder Pty Ltd Company;

‘Nettfunder Pty Ltd’ means all the Nettfunder Pty Ltd Companies;

‘Nettfunder Pty Ltd Company’ means Nettfunder or any related body corporate (as that term is defined in the Corporations Act 2001 (Cth)) of Nettfunder from time to time;

‘Nettfunder Points’ has the same meaning as Points (as defined above);

‘Nettfunder.com’ means this internet site;

‘Terms and Conditions’ means these Terms and Conditions between Nettfunder and each Member, including all schedules and attachments;

 

23. Changes to Nettfunder Loyalty Program

23.1 Subject to clause 3.2, Nettfunder reserves the right to make any changes (whether material or otherwise) to Nettfunder Loyalty Program, the Terms and Conditions, the TERMS AND CONDITIONS, the Awards or Benefits offered and the Fee Schedule, including changes to:

23.2 Nettfunder will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit Benefits where the Benefit is provided by Nettfunder, to give Members at least 1 months’ notice;

23.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if Nettfunder notifies Members of the change by:
(a) providing notice at the address or e-mail address provided to Nettfunder by the Member;
(b) for Members living outside Australia or New Zealand, by posting details of the changes at this website.

23.2 Nettfunder will use best efforts to advise Members of material changes to these Terms and Conditions and, where such changes will limit Benefits, where the Benefit is provided by Nettfunder, to give Members at least 1 months’ notice.
23.3 Without limiting this clause 3 in any way, Members will be taken to have received the notice referred to in clause 3.2 if Nettfunder notifies Members of the change by:
(a) for Members living in Australia or New Zealand, providing notice at the email address provided to Nettfunder by the Member or, if no valid email address is held by Nettfunder, by posting details of the changes on Nettfunder.com;
(b) for Members living outside Australia or New Zealand, posting details of the changes on Nettfunder.com

23.4 Except as otherwise stated in applicable Fare Conditions, if an Award ceases to be available after it has been booked by a Member, Nettfunder will (at the Member’s option) either refund the Points redeemed by the Member to obtain the Award or provide an alternative Award of similar value.

 

24. Termination or Suspension of Nettfunder Loyalty Program

24.1 Nettfunder gives no warranty as to the continuing availability of Nettfunder Loyalty Program. Nettfunder may terminate or suspend Nettfunder Loyalty Program at any time. Nettfunder will give at least 1 months’ notice to Members of such termination or suspension, except if Nettfunder ceases to operate business in which case Nettfunder Loyalty Program will cease immediately.

24.2 If Nettfunder terminates or suspends Nettfunder Loyalty Program, Members will be able to redeem Points during the notice period in accordance with these Terms and Conditions, except where Nettfunder is ceasing to operate a business and/or has gone into liquidation or other form of administration, in which case Nettfunder may terminate or cancel any Awards or Benefits immediately without notice.

 

25. Membership

25.1 Membership of Nettfunder Loyalty Program is open only to individuals. Membership is not open to families, groups, companies, trusts, partnerships, other entities, government departments, agencies, animals or inanimate objects.

25.2 Persons wishing to become Members must apply for Membership and pay any applicable joining or other fees. Membership is offered at the discretion of Nettfunder. Nettfunder has the right to accept or reject any application for Membership.

25.3 Each Member may have only one Nettfunder Loyalty Program account.

25.4 Successful applicants will be assigned a Membership number and may be sent a Membership kit. The Membership number, Member’s surname, Member’s mother’s maiden name, birth date, and/or recent travel details, will be used for security of the Member’s Membership information. It is the Member’s responsibility to ensure that their security information is kept secure.
25.5 New Members may, before they use their Membership and within two weeks of receiving their Membership number, notify Nettfunder that they no longer wish to be a Member. Nettfunder will then cancel their Membership and refund any joining or other fees paid for that Membership. Otherwise, Membership is non-refundable and is not transferable.

25.6 A Member’s mailing address may be used to determine their eligibility for Benefits, promotions and other offerings.

25.7 Each Member must advise Nettfunder of any change of name, address, or other details as soon as practicable after the change. Changes to the mailing address, or other details may be made directly at Your Account at this website or by calling or e-mailing the admin@nettfunder.com. You must supply your Membership number when making any such changes. Written proof must be supplied for any change of name, and may be required for other changes. Nettfunder is not responsible for any failure by a Member to notify Nettfunder of any changes in accordance with this clause, or for any incorrect changes notified to Nettfunder.

25.8 Changes to Nettfunder Cash details including name, address, and contact telephone numbers must be notified and updated separately from the Membership details. An Eligible Nettfunder Cash Member must update their personal details relating to Nettfunder Cash by contacting Nettfunder.

25.9 Members may, at any time, cancel their Membership by providing written notice to Nettfunder.
Note: Due to administrative constraints, upon receipt of a written notice under clause 5.9, Nettfunder will cancel the relevant Membership and all accumulated Points in that Member’s account will immediately expire. Accordingly, Nettfunder recommends that Members carefully plan all cancellations to avoid unintentional loss of accumulated Points.

 

26. Use of Membership number and Benefits

26.1 By using the Membership number, or claiming any Benefit, the Member agrees to be bound by the Terms and Conditions and provides the consents specified in this Terms and Conditions relating to personal information. Points may only be earned and/or redeemed in accordance with these Terms and Conditions as amended from time to time. All conditions relating to the Nettfunder Cash component of the Card are set out in the Terms and Conditions.

 

27. Member obligations and responsibilities

27.1 Members must not:

(a) act in any way which breaches these Terms and Conditions; or
(b) abuse or misuse Nettfunder Loyalty Program, any Awards, Benefits, facilities, services or arrangements accorded to the Member as a result of Membership including by:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to Nettfunder Pty Ltd Company Partner.
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Award, Benefit or Points other than in accordance with these Terms and Conditions;
(iv) acting in a hostile, abusive or aggressive way towards Nettfunder Pty Ltd Company staff or the staff of any  Partner.
(v) acting in an unruly manner or
(vi) refusing to follow reasonable instructions from any Nettfunder Pty Ltd Company staff while engaging with the Nettfunder website

27.2 Each Member is responsible for ensuring that they have sufficient Points to redeem for any Award that they request.

27.3 Each Member is responsible for regularly checking their Membership account and must:
(a) notify Nettfunder of any omissions, incorrect entries or other discrepancies within 2 months of the activity

(b) notify Nettfunder incorrect entries or other discrepancies within 2 months of any other

Nettfunder reserves the right to require proof of earning from the Member, including copies of activity on the website for example, screen shot of post.

 

28. Suspension or Termination of Membership

28.1 If a Member has committed a material breach of any of the Terms and Conditions or has failed to pay any money due under Nettfunder Loyalty Program or Nettfunder business activities by the due date, whether intentionally or otherwise, then Nettfunder may do any one or more of the following:
(a) suspend or terminate the Member’s Membership and/or the right of the Member to use the website;
(b) reverse or cancel the Member’s Points or any part thereof; or
(c) cancel or refuse to honour any Awards, Benefits or both, that have been redeemed by or provided to the Member.

28.2 If Nettfunder intends to take action under clause 8.1, it will notify the Member of its intention and the reason for that action. The Member will then have 7 days to respond to this notice by rectifying the breach (where possible) and providing any reason why Nettfunder should not take action (provided that Nettfunder may suspend the Member’s account until any review is completed). Nettfunder will review the response and advise the Member of its position.

28.3 Membership will terminate automatically on the death of a Member. Points earned but not yet redeemed or transferred prior to the death of the Member will be cancelled. Nettfunder will close the Member’s account on notification of the Member’s death. Nettfunder will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.

 

29. Earning Nettfunder points

29.1 General

29.1.1 To earn Nettfunder points, Members must quote their name and Membership number, and may be required to produce their proof of ID.

29.1.2 A Member may earn Points as provided elsewhere in these Terms and Conditions, or as otherwise specified by Nettfunder, Points may be credited only to the account of the Member.

29.1.3 Points will not be awarded in relation to any products or services that are cancelled, refunded or returned. Nettfunder may cancel or deduct any Points that have been awarded in relation to cancelled, refunded or returned products or services.

29.2 Nettfunder points validity

29.2.1 Except as otherwise provided in these Terms and Conditions, Points will not expire as long as the Member remains an Active Member.

29.2.2 All Points held in a Nettfunder Loyalty Program account of a non-Active Member will expire at midnight Sydney, Australia time at the end of the 18th consecutive month for which the Member has not earned Points or Status Credits or redeemed Points. For this purpose,
(a) A warning is displayed to Members within the Points Balance section of Your Summary on Nettfunder.com;
(c) Members will receive notification via email.

29.2.3 Points cannot be re-credited once they have expired.

29.2.4 Nettfunder reserves the right to reverse or cancel any Points credited to a Member incorrectly, or not in accordance with, or in breach of, the Terms and Conditions at any time.

 

30. Activity statements

30.1 Members may access account information without charge at this website.

 

31. Redeeming Nettfunder points for Awards

31.1 Award availability is limited.

 

32. Vouchers

32.1 Vouchers are available at selected outlets.

32.2 A voucher cannot be exchanged for money or replaced if lost, stolen, damaged or destroyed, and is issued subject to the conditions on the voucher.

32.3 A voucher covers only the services described on it.

 

33. Top-up Points

33.1 If Members do not have sufficient Points to redeem a particular Award, they may earn additional Points towards that Award at the rates specified by Nettfunder.

33.2 The earning of additional Points does not guarantee the availability of an Award.

33.3 Points do not have a monetary value and cannot be converted to money. They cannot be sold, transferred or exchanged other than in accordance with these Terms and Conditions. Points do not represent a monetary value.

 

34. Membership levels, Status Credits and Benefits

34.1 Membership levels

34.1.1 There are four Membership levels in Nettfunder Loyalty Program. The entry level is Bronze. Members may progress to the higher levels – Silver, Gold and Platinum – by earning Status Credits.

34.1.2 Status Credits are earned for activity on the Nettfunder website deemed to be supporting the innovation.

34.1.4 The numbers of Status Credits required attaining and retaining Silver, Gold and Platinum status levels are published at this website.

34.1.6 Membership status levels are valid for a minimum of one year.

34.2 Lifetime recognition

34.2.1 Lifetime recognition may be awarded to Members who achieve certain specified cumulative Status Credit levels.

34.3 Platinum Member additional benefit

34.3.1 A Platinum Member may be offered the opportunity to choose one of a selection of benefits (as determined and offered by Nettfunder), and that selection may include Complimentary Awards.

 

35. Personal Information

35.1 It is a condition of Membership that a Member consents and authorises Nettfunder to collect, use and disclose the information on their application form and other information that Nettfunder collects in relation to the Member for the purposes described in this clause, and disclose such information to partners any other person (including related bodies corporate, agents and contractors) for the purposes of:
(a) Nettfunder or any of its related bodies corporate, providing products or services, including the awarding of Points to Members;
(b) Nettfunder or any of its related bodies corporate improving customer service, including by means of research, marketing, product development and planning;
(c) Nettfunder marketing its products or services or the products or services of third parties; and
(d) any third party providing services to Nettfunder, any of its related bodies corporate or Members in connection with the administration of Nettfunder Loyalty Program.
This information may be transferred to or from Australia for these purposes. If all or any part of the requested information is not provided by the Member, the services provided to that Member by Nettfunder may be affected.

35.2 On request by a Member and to the extent permitted or required by law, Nettfunder will provide that Member with access to and the ability to correct their personal information held by Nettfunder. Only the Member named on the account will be entitled to access their Membership information. However, Nettfunder does comply with validly served and executed court orders and subpoenas and cooperates with investigations by State, Federal and international agencies. Under those circumstances or where otherwise required by law, a Member’s account information may be shared with others with or without that Member’s knowledge or consent.

35.3 This clause 22 survives the termination of these Terms and Conditions and the termination or suspension of Nettfunder Loyalty Program.

 

36. Liability

36.1 Nettfunder acknowledges that certain laws imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example, for consumers, services come with non-excludable warranties under consumer protection legislation that they will be provided with due care and skill and be reasonably fit for their purpose. Clause 23.2 is not intended to exclude or restrict the application of such laws.

36.2 Subject to clause 23.1, the Nettfunder Pty Ltd and any of their officers, employees or agents are not liable for any loss or claim of any kind (including, without limitation, consequential or economic loss or loss of profits), arising under or in connection with these Terms and Conditions or Nettfunder Loyalty Program, including, without limitation, any changes to the Terms and Conditions or Nettfunder Loyalty Program, save to the extent that such loss or claim arises from the negligence or wilful misconduct of a Nettfunder Pty Ltd Company, or any of their officers, employees or agents.

 

37. General

37.1 Interpretation: In these Terms and Conditions, unless the contrary intention appears:
(a) the singular includes the plural and vice versa;
(b) dollars or ‘$’ means Australian dollars;
(c) unless otherwise stated, all dollar amounts include any applicable GST;
(d) dates or times are Universal Time Code (or GMT) dates or times;
(e) a reference to ‘include’ or ‘including’ means ‘including but not limited to’.

37.2 Governing Law: The Terms and Conditions and membership in Nettfunder Loyalty Program are governed by and will be construed in accordance with the laws of the State of New South Wales, Australia irrespective of where the application for Membership has been completed by the Member or submitted to Nettfunder. In any action or other legal process with respect to any matter or thing in connection with these Terms and Conditions or Membership the Member submits to the non-exclusive jurisdiction of the State of New South Wales.

37.3 For New Zealand-based services or products: The New Zealand Consumer Guarantees Act 1993 may apply however it will not apply where Membership has been obtained, or a Member has represented it has been obtained, for business purposes, in which case provisions of that Act are excluded from these Terms and Conditions.

37.4 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Competition and Consumer Act (2010) and under State and Territory consumer protection legislation.

37.5 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

37.6 Nettfunder recommends that Members consult their accountant or tax adviser to ensure that they understand possible tax (including fringe benefits tax) implications, if any, related to Membership and Benefits.

37.7 Business customers may be able to reclaim the Australian GST relating to their Membership. Members who require a tax invoice should contact the Nettfunder at admin@nettfunder.com. Members should consult their tax adviser to determine their eligibility to reclaim Australian GST. For more GST information refer to the Australian Tax Office. For Australian GST purposes, where a foreign currency value of a Nettfunder Loyalty Program transaction needs to be converted, it will be done so at a rate determined by Nettfunder.

38. Earning Points

Loyalty points can be earned in the following ways.

 

39. Redeeming Points

Loyalty points are aggregated towards status or rank.

Status or rank offers exclusive and/or early bird access to special offers such as:

  1. Early access to the latest campaigns, news items, promotions
  2. Promotional discounts for things such are offered from time to time, that may include but are not limited to:

Members with highest ranks are offered such things first, earliest, exclusively in combination and/or separately as determined by Nettfunder.

Nettfunder may offer such things without requesting the redeeming of points. But may also request redeeming of points for such items. The quantity of points required for each item will be clearly displayed for each item.

40. Earning Cash

Nettfunder may offer payment for services to the website for such things as writing articles, posting media or content (termed media) or finding software bugs. Nettfunder reserves the right to review content and chose which media is to be posted. The author agrees by submitting the article to Nettfunder that when the prescribed payment is made, all intellectual property rights transfer to Nettfunder without limits its use.

Further, the author agrees  the content is original and their own creation and indemnifies Nettfunder from any claim from a 3rd party to the ownership of the delivered content.

The author agrees to the above clauses at the time of submitting any media and must immediately retract any media that breaches these terms and in any case prior to accepting payment.

Media submitted to Nettfunder will be retained without limit until either Nettfunder deems to use it and therefore makes the payment OR the author sends a written statement to Nettfunder requesting the media be removed from Nettfunder’s systems. in the later case Nettfunder will remove the content within 72 hours.

Payment for media posted will be made the later of  14 days of either written notice that the media is to be used by Nettfunder or 14 days from posting the media to the live site.

 

In the case of Software bugs Nettfunder will make payments for users that find bugs under the following conditions. The bugs is new to Nettfunder, the bug is deemed of significance to Nettfunder, the bug is scheduled to be fixed. Nettfunder reserves the right not to fix bugs but to retain the details of the bug without limit.

Users must provide a payment solution that Nettfunder has the facility to pay, these include: Paypal, Direct Transfer, the recipient must pay any fees or costs for using the transfer facility of their choice.

 

 

 

 

50. Contact

To contact Nettfunder regarding the Loyalty Program contact Nettfunder www/nettfunder.com/contact/.