Our Fundraiser is an online platform which allows Participants to support their Club’s fundraising efforts by participating in Fundraising Activities and Draws that include a chance to win a prize. These Terms and Conditions govern all use of the Platform and the operation of all Fundraising Draws available thereon. If you are not a Participant (as defined below) or if you do not accept these Terms and Conditions you are not permitted to use the Platform or enter any Fundraising Draws.
In these Terms and Conditions and in the Introduction above, the following terms have the following meanings:
“Fundraising Activities” means those fundraising activities associated with the Participant’s Club (for example, voluntary Club contributions, sponsored activities, donations, fundraising events) which are supported on the Platform.
“Fundraising Draw” means those fundraising draws associated with the Participant’s Club which are made available on the Platform.
“Fundraising Draw Rules” means any specific rules published on the Platform at the point of participation in a Fundraising Draw (and as updated from time to time).
“Participant’s Club” means a Club that has entered into an agreement with Our Fundraiser for the operation of Fundraising Activities and Draws.
“Our Fundraiser” or “We/Our/Us” is a reference to Altira Ventures Limited, a private limited company with its registered office at Fitzwilliam Court, Dyer Street, Drogheda, Co. Louth A92 X7WY, Ireland.
“Participant” means a person who is over 18 years of age, resident in Ireland and is a parent, relative or guardian of a child who is a member of the Participant’s Club or is a staff member or volunteer of the Participant’s Club or is a member of the Participant’s Club.
“Platform” means the Our Fundraiser website and app which is the only forum on which Participants can participate in Fundraising Activities and Draws.
2.1 Participants are required to register on the Platform by providing a unique username and password which enables them to open an account and participate in the relevant Fundraising Activity or Draw.
2.2 If you are not a Participant, you may not register on the Platform and you are not permitted to participate in a Fundraising Activity or Draw.
2.3 Persons who are directors, officers or employees of Our Fundraiser are not permitted to become Participants.
3.1 Each Participant may open one account on the Platform.
3.2 Participants represent, warrant and undertake to Our Fundraiser that all information provided in the course of registration (including payment card data) is their own and that it is accurate, complete and up to date and that they will update their information promptly in the event of any change.
3.4 You are responsible for all activity undertaken using your username and password, so it is essential that you keep this information confidential. You must contact us as soon as possible if you have lost or forgotten your account details or if you believe that your account information is being misused by a third party so that we may suspend your account to prevent further abuse.
3.5 While we are under no obligation to do so, we may seek to validate your registration information and we shall not be responsible for the payment of prizes if you have provided false or inaccurate data to us.
- Subscription, Payments and Cancellations
4.1 To enter a Fundraising Draw, Participants must subscribe and put their account in funds. Our Fundraiser operates a four-week subscription cycle. This means that the minimum subscription is one line for each of the following 4 weekly Fundraising Draws (i.e. €2 x 4 = €8). Alternatively, Participants may enter up to a maximum of three lines per week in each four-week subscription cycle (i.e. €5 x 4 = €20). Participants holding an active subscription may also enter an additional three lines (maximum) on a once off basis for any Fundraising Draw.
4.2 Subscriptions will automatically renew every 4 weeks’, but you can cancel future subscriptions at any time by clicking on the “Cancel” option on the Platform.
If you cancel your subscription, no further funds will be taken from you. All subscription funds received prior to receipt of your cancellation are non-refundable and your lines will be included in any future draws until the subscription funds received prior to receipt of your cancellation have been used.
4.3 You hereby agree, warrant and represent that:
(a) You are a Participant,
(b) You are not depositing monies originating from criminal and/or other un-authorised activities;
(c) No charge backs will be made relating to your account without our consent; and
(d) You will comply with these Terms and Conditions.
In the event of any breach of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.
- Fundraising Draw Rules
5.1 Where a Fundraising Draw includes Fundraising Draw Rules, they shall apply in addition to these Terms and Conditions.
5.2 While we make every effort to avoid errors, human mistakes and/or systems malfunctions may occasionally result in errors. We reserve the right to correct any obvious errors and to void any Fundraising Draws where such have occurred. In the event of errors relating to the random number generators used in Fundraising Draws, we reserve the right to void the draw, re-run the draw or refund the relevant Participant contributions.
6.1 One jackpot may be won for each Fundraising Draw. Where there is more than one winner of a jackpot, the published jackpot figure will be split equally among the Participants based on the number of winning lines held by them.
6.2 Each Fundraising Draw includes a weekly prize as published on the Platform which will be given to a Participant drawn at random by us. An example of a weekly prize is a €10 gift voucher, but this may be changed by us at any time to a comparable weekly prize.
6.3 Payment of prizes will be credited to the Participant by bank transfer, cheque, bank draft or other manner reasonably determined by us. You may be required to provide evidence of identity and validation information prior to claiming a prize.
6.4 We would like to publish the names of all jackpot winners. However, should you wish to keep your identity confidential, you may request that we do so in advance by email.
- No Warranty
7.1 Our Fundraiser services are provided “as is” without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. We do not give any warranty that the availability and performance of the Platform or third party content will be uninterrupted, timely, secure or error free or that the Platform will be free of harmful content or that the any content will be secure or not otherwise lost or altered.
8.1 THE MAXIMUM LIABILITY OF OUR FUNDRAISER (AND/OR OUR THIRD PARTY SERVICE PROVIDERS, TO THE EXTENT RELEVANT) TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR PARTICIPATION IN ANY FUNDRAISING ACTIVITY OR DRAW AND/OR THESE TERMS & CONDITIONS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE SHALL BE LIMITED TO 200% OF THE TOTAL PAYMENTS MADE TO OUR FUNDRAISER BY YOU IN THE PREVIOUS 12 MONTHS (OR THE TERM OF THE ACCOUNT IN THE CASE OF ACCOUNTS OPEN FOR LESS THAN 12 MONTHS).
8.2 Notwithstanding the rest of the terms of this Clause 8, nothing in these Terms & Conditions shall exclude or limit our liability for fraud, death or personal injury resulting from our negligence or any liability to the extent such liability cannot be excluded or limited as a matter of law.
9.1 We reserve the right to refuse to register you as a Participant, either with or without cause. We reserve the right to immediately suspend or terminate your account at any time, either with or without cause, we will use our reasonable endeavours to give notice to you either before or after suspending or terminating your account. Following termination or suspension of your account, we will endeavour, in the normal course of events, to comply with any valid contractual obligations made in accordance with these Terms and Conditions.
9.2 We reserve the right to amend these Terms and Conditions at any time and we will publish the amendments on the Platform with the date of adoption at which point they will be binding on all users of the Platform. We may also transfer, assign or otherwise transfer any of your rights or obligations under these Terms & Conditions to a third party, including in the context of any sale of our business.
9.3 If any provision of these Terms & Conditions is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms & Conditions.
9.4 Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
9.5 We will not be responsible for any delay or failure in performance resulting from acts beyond our control. Such acts will include but not be limited to: acts of God, government or war; riots; terrorist acts; epidemics, fires, floods, or disasters, industrial disputes, failure of a utility service, the unavailability of any communications network or any cyber-attack leading to the unavailability or service issues on the Platform.
9.6 These Terms & Conditions, together with any Fundraising Activity or Draw Rules or any other documents referred to herein represent the entire agreement between Our Fundraiser and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms & Conditions. You acknowledge that the provider of your communications devices and apps (e.g. Apple, Google, Samsung, Galaxy, Huawei, etc) are not a party to these Terms & Conditions and that they are not responsible for the promotion or operation of the Fundraising Activities or Draws.
These Terms & Conditions shall be governed by Irish law and any claims or proceedings arising out of or in any way relating to the Platform or these Terms & Conditions, shall be governed by the laws of Ireland and the Irish Courts shall have exclusive jurisdiction over them.
Effective 10th February 2020