Terms of use

Communities is a place for good

It is an operating platform that strives to bring Australian community-focused projects to fruition by uniting project creators and project supporters. To make sure Communities is used to achieve this goal, it is governed by these Communities Terms of Use, to be read alongside our Guidelines and FAQs.

Definitions

Unless the context requires otherwise, where the words below are used in these Communities Terms of use, they will mean:

Communities

The platform at www.bendigobank.com.au/public/community/communities.

DGRs

Deductible Gift Recipient. 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.

DGR receipt

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.

Funding target

The amount of money a project creator is seeking to raise for a particular project.

Merchant facility provider

Bendigo and Adelaide Bank Limited acts as platform provider and additionally provides the merchant facilities used to settle credit- and debit-card transactions made on Communities.

Partners

Bendigo and Adelaide Bank Limited has existing relationships with partners, who may support projects on Communities and, from time to time, create projects as well.

Payment processing partner

Cuscal Limited has been engaged to run the payment gateway on Communities.

Pledge

A commitment by a project supporter to contribute to a project, either:

  1. financially using their credit card or debit card in Australian dollars; or
  2. by offering their support to provide other resources – their time, their ideas and/or other resources to make the project a success.

Product incentive

See Rewards

Project

The exciting, positive community initiatives that project creators are raising funds for and/or attracting support to carry out.

Project bank account

An account with us which is needed to receive funds raised for your project. For this purpose, pre-existing accounts with us may be used.

Project creator

An organisation or individual who is running a project listed on Communities.

Project deadline

The end date for a project. A project must reach its tipping point as a minimum and/or reach its support goals by its project deadline to be successful and receive the funding and/or support that has been pledged towards it.

Project period

The time that a project is live on Communities, during which project creators and project supporters are able to make pledges to the project. The maximum project period is usually 180 days.

Project supporter

An individual or organisation who has signed up for a supporter account on the Communities platform. Supporters are able to pledge money or resources to the exciting projects listed on Communities.

Project viewer

An individual who has not made any pledges toward a project, but wants to see a project reach its goals by following its progress on Communities. A viewer is not required to have a profile, and without one can watch but not participate.

Rewards

Incentives that may be offered by project creators for projects with a funding target. Rewards are not compulsory and are at the discretion of the project creator. The bank is in no way responsible for the offering or delivery of rewards.

Successful project

A project that reaches its tipping point on or before the project deadline and funds are transferred; a non-funded project is successful once the project is complete and has reached its goal.

Support goals

The level of support and resources required by the project creator for a particular project.

Tipping point

This is a set percentage of the funding target or initial support goals which must be reached for the funds or support pledged to be transferred to or acted upon by the project creator. The tipping point percentage is set by us and is to encourage successful projects to be delivered.

The tipping point (currently 80% of the overall funding target) may change if deemed necessary. Project creators should ensure they understand what goals can be achieved if the tipping point only is achieved.

You / your

You means the person reading these Communities Terms of use, either you personally, or the organisation you represent.

We / us / our

'We', 'us', and 'our' mean Bendigo and Adelaide Bank Limited, ABN 11 068 049 178, AFSL No. 237879. Our registered office is at The Bendigo Centre, Bendigo, Victoria, Australia 3550.

General

1.1 This section of the Communities Terms of use applies to everyone using Communities to help make a difference – from the generous individuals and organisations signing up as project supporters to contribute to projects, to the organisations and people running these projects (the project creators) and those viewing projects (the project viewers).

1.2 You are bound by these Communities Terms of use by continuing to access www.bendigobank.com.au/community/communities or by signing up as a project supporter or project creator or using the site as a project viewer. If you do not agree to these Communities Terms of use, please stop using this site immediately.

Just to be clear, these Communities Terms of use 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 Communities:

a) as a project supporter or project viewer, you must be an individual aged 16 or over, or an incorporated or unincorporated association or a partnership (with the individual partners all being aged 16 or over); or

b) as a project creator, you must be an individual aged 18 or over, a company, an incorporated or unincorporated association or a partnership (with the individual partners all being aged 18 or over).

1.4 If you are an individual using Communities in your personal capacity, you promise to us that you are aged 16 or over and that you aren’t 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 Communities for or on behalf of a company, incorporated association or partnership that is a project creator or project supporter, you promise to us that you are authorised to act on behalf of the project creator or project supporter and to enter into these Communities Terms of use on behalf of the project creator or project supporter. You also promise that the project creator or project supporter is not insolvent (i.e. that the project creator or project supporter is able to pay its debts as and when they fall due).

1.6 When you sign up to Communities as either a project creator or project 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 Communities.

1.8 We reserve the right to amend these Communities Terms of use at any time and we will let you know when changes are going to happen via your account messages. This version of these Communities Terms of use 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.bendigobank.com.au/community/communities.

1.9 As much as we don’t want this to happen, we might need to take Communities 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 Project creators are trying to do good things. To do these good things and make a positive community impact, project creators may need to raise funds and/or attract support to carry out their projects. When a project creator lists a project on Communities they are seeking the support of generous project supporters to help them raise enough funds or seek help to carry out their project and make a difference.

All projects must be designed to achieve a positive community impact or we will not accept the project onto Communities. We will carefully review all project applications from project creators to ensure only those projects that reflect Communities’ core values end up on Communities.

Please note this is simply us reviewing what we’re told is proposed by project creators to ensure it will, if delivered, reflect the core values of Communities. We are not able to verify in any way, or endorse, any particular project creator or project beyond this very high-level review.

However, we have to say that even good projects which reflect the core values of Communities may not make it onto the site – the decision to list a project is entirely at our sole discretion. We may choose not to have a project on our site for a variety of reasons – which may or may not be related to the project itself. Where we can, we will try to give reasons for a decision not to list a particular project, but please know that this may not be possible in all cases.

The Communities model

Projects on Communities work on a typical crowd-funding model, or are supported in a non-financial way with time, knowledge or resources.

a) Each project has a funding target and/or support goals set by the project creator. The funding target is the amount of money the project creator believes they need for a successful project. Similarly support goals set out the level of support and resources needed by the project creator for a successful project. In addition, project creators will agree a tipping point with us – this is the point determined at the project deadline when a project is determined to be viable notwithstanding the fact that by the project deadline it may not have reached its funding target.

b) Once a project has been accepted, a project bank account is set up with us, unless there is already a pre-existing account with us, so that pledges may be processed to this account for a successful project. Full terms and conditions and required disclosures relating to the project bank account will be provided to you at the time you open the account with us. The account needs to be established with us no later than 24 hours before financial pledges are to be processed following the project deadline.

c) If a project supporter would like to support a project, they can make a pledge to that project whether financial or non-financial (time, knowledge or resources). If it is a financial pledge no funds are transferred at the time of a pledge and they will only be transferred into the project bank account after the project deadline provided the tipping point has been reached. More information on how pledges work can be found in Sections 2 and 3 of these Communities Terms of use.

d) Projects operate on an 'all-or-nothing' funding model. A project typically has a maximum of 180 days to reach its tipping point or the project creator does not receive any of the pledges made to the project. However, if a project reaches its tipping point by the project deadline, then financial pledges are processed. Funds will be transferred within 3 days of project funding target or tipping point reached. The bank account must be open a minimum 24 hours before funds will be transferred. Non-financial pledges will also become valid.

e) For non-financial pledges, project supporters are contacted and will work with the project creator to coordinate their pledge towards the project.

1.11 We know we said earlier that projects have a limited period to reach their tipping point, but this might not always be the case. In exceptional circumstances we might extend a project deadline slightly beyond the initial agreed period. Any extensions are at our sole discretion, but we will make sure the new deadline is communicated to project creators and project supporters and viewers.

Communities conduct and ethics

1.12 Remember, Communities is a place for good. By using Communities you agree to follow our basic principles of conduct and ethics. You are accountable for your actions on Communities and must exercise common sense and good judgment in all your interactions with others and any posts you make on Communities. 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 Communities, avoid content that could be viewed as malicious, obscene, threatening or intimidating, or that might be harassment, bullying or otherwise be offensive to others. You must not post any information that contains or promotes illegal products, materials or statements or which is false, misleading, untruthful or inaccurate.

We reserve the right to remove any content that you have posted on Communities that we deem inappropriate. Project creators will be able to do the same but we are not responsible for anything a project creator does (or fails to do) in dealing with any content posted on Communities. We do not endorse the views of project creators or project supporters that appear on Communities.

1.13 Unfortunately, there will be times when a project may need to be removed from Communities 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 a project creator, or for other reasons which may limit or remove our ability to host the project on Communities.

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. So as a project supporter you will not lose what you have pledged on Communities as a result of the removal.

1.14 Your privacy is important to us. Communities is an initiative of Bendigo and Adelaide Bank Limited and as such follows the Bendigo Bank Privacy Policy. This Privacy Policy sets out how we manage your personal and sensitive information and protect your privacy in accordance with the Australian Privacy Principles.

1.15 We established Communities to help connect positive community initiatives with generous individuals and organisations willing to back these using their own money, time, resources or ideas. Communities is just a facilitator helping to connect project creators and project supporters for the good of their communities.
When project creators and project supporters enter into an agreement with each other through Communities, 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 project supporters or project creators. What you choose to agree to is independent of Communities. We are not bound by that agreement and will not become involved in any way, other than as agreed in these Communities Terms of use.

1.16 Communities is a place where good things can happen for communities. To the extent the law allows, we don’t get involved in any disputes between you and other project creators, or project supporters/viewers that may arise from or in connection with your use of Communities. If you believe you have an issue with another user of Communities, please contact them directly to try to resolve it.

However, if you believe someone has breached these Communities Terms of use or has behaved inappropriately on Communities, please let us know as soon as possible so that we can investigate and take action (if required).

1.17 Communities was made by Australians for Australians. We’re pretty confident we’ve complied with all Australian laws that may apply to Communities, but every country is different. If you are accessing or using Communities from outside Australia, you do so at your own risk and we make no guarantee that using Communities is permitted in countries outside Australia.

1.18 You cannot transfer your obligations under these Communities Terms of use without our prior written consent. They are personal to you as a project supporter or project creator and your obligations continue while your Communities account remains open.

1.19 We reserve the right to transfer or assign our obligations under these Communities Terms of use to a third party in the future without obtaining your consent.

1.20 We’re not perfect. While we will at all times endeavour to comply with these Communities Terms of use, if we fail to perform our obligations under these Communities Terms of use, 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 in respect of any consequences as a result (even if we and/or our Communities associates are negligent).

1.21 Another wordy legal clause here. For the avoidance of doubt (as some of these are already dealt with in other parts of these Communities Terms of use), 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 creator or project supporter onto Communities;

b) reverse, cancel or not allow a pledge to a project; and/or

c) vary the contents of a project on Communities, either before the project is accepted or at any time while the project is live; or

d) remove comments we deem to be offensive or otherwise inappropriate.

1.22 Another paragraph our lawyers wrote for us. 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 law 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 Communities Terms of use is limited to our having to supply to you a similar service again (i.e. as a project creator, allowing you to list a new, similar project on Communities, or as a project supporter, allowing you to pledge to another similar project on Communities).

1.24 We’ve put a lot of work into developing Communities and are excited by the positive community impact possible through Communities! Just to be clear, Communities is ours and we own all intellectual property in Communities itself (including the domain name www.benedigobank.com.au/community/communities, the source code and underlying algorithms in the platform) and in all materials on Communities (excluding those which are uploaded to Communities by you or which we use under licence). Basically, because we want you to enjoy Communities as much as we do we give you a temporary non-exclusive right to use Communities (and our intellectual property in Communities) in accordance with these Communities Terms of use.

1.25 Projects on Communities are exciting. Whether you're a project supporter or a project creator, 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 Communities 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 Communities associates from liability in connection with your communications or omissions about a project on Communities or Communities itself, regardless of the medium used. You agree to indemnify us and our Communities associates in the event anyone takes legal steps against us for a breach by you of this promise.

1.26 And without wanting to get all legal on you again here, by using Communities you acknowledge that:

a) If we fail to exercise any of our rights under these Communities Terms of use that does not mean we waive our rights to exercise those rights later.

b) None of the terms, conditions or any matter or thing done under or in connection with these Communities Terms of use operates as a merger of any of the rights and remedies of you or us under these Communities Terms of use, but such rights and remedies will at all times continue in full force and effect.

c) These Communities Terms of use only confer rights and benefits on you and us (including our Communities associates), and not on any other person, unless otherwise set out in these Communities Terms of use.

d) Nothing contained in these Communities Terms of use 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 Communities Terms of use cover the entire agreement between us in respect of your use of Communities. 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 Communities Terms of use.

f) If for some reason a provision of these Communities Terms of use 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 Communities Terms of use or the validity of that provision in any other jurisdiction.

g) The rights of you or us conferred by these Communities Terms of use are cumulative and are not exclusive of any rights provided by law.

h) These Communities Terms of use 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.

Project supporters and viewers

2.1 This section of the Communities Terms of use only applies to project supporters (the generous people and organisations making pledges to projects on Communities) and project viewers, and a reference in this section to you or your means project supporters and project viewers only.
Information on setting up a Communities account may be found where we explain how it works.

How to set up a project supporter/viewer account

2.2 To sign up to the Communities site you can join in two ways – using your Facebook profile or by entering your first and last name, email and by choosing a password. This is the minimum required to join Communities. You may also provide more details if you would like to on your profile page, such as details about you and your interests, or a photo. This is not mandatory. You can manage the site notifications through your profile page e.g. when and which emails you would like to receive about projects you are watching, projects you are supporting, or any product incentives or other marketing information.

2.3 If you decide to financially support a project, you make a financial pledge to that project. This type of 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 tipping point. You can also contribute by making a non-financial contribution using your time, ideas or other resources – for instance, if the project is to improve the habitat for native animals in your neighbourhood then you may volunteer your time and efforts to achieve that goal.

2.4 If you set up a project supporter account on Communities, you do not have to make a pledge to a project. You can use your account to follow the progress of projects and support Communities through other avenues – for example, by letting other people know about a project and/or Communities. If at any time you do choose to pledge towards a project, you may need to provide further details for processing reasons.  

Financial pledges

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 arrives (including any extensions we might allow) to see if the project hits its funding target (or tipping point). If the tipping point has been reached, your pledged amount will be charged to your credit or debit card and these funds will then be forwarded to the project creator to carry out the project you've supported. If the project tipping point is not reached, your credit or debit card is not charged and no money is transferred to the project creator.

Because 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 following 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.

What will be deducted from your credit card and debit card if and when the project is successful and your financial pledge is processed will be the following amounts:

  1. the amount of your financial pledge which goes to the project; plus
  2. a credit-card processing fee covering the costs imposed by third parties irrespective of the amount pledged, which is a set percentage of the amount being pledged (currently 1.5%).

As we are the merchant facility provider, we will not charge any fees of our own on credit-card transactions processed through the payment facility on Communities. However, we will have to pass on any costs which your own credit-card provider may charge on the transaction such as their merchant fee. This also means that our project creators aren’t obliged to pay these costs (which would reduce the funds available to them to carry out their important projects).

We do not keep any of your credit-card or debit-card details ourselves after the payment has been processed. The payment facility on Communities is run by our payment processing partner and unless you have an account with us only they have access to the payment data you enter on Communities in order to facilitate payment of your pledge. We do not have access to your payment information unless you have an account with us for the purposes of your project, and you agree to release and indemnify us and our Communities 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 Communities (even if we and/or our Communities associates are negligent).

Non-financial pledges

Some projects listed on Communities may request that you pledge support in a non-financial capacity e.g. volunteering. When a project is created, the type of help is listed by the project creator. On the project details screen, you can pledge help through a button labelled Help Out. The project creator will contact you to confirm and, if the project is successful, to coordinate your pledge. Read our information on Communities for more details.

All pledges

Once you make a pledge, project creators will rely on that pledge in continuing to develop their project. If necessary a pledge can be cancelled; however, we encourage you to contact the project creator to discuss this cancellation, as it will have an impact on the project. Pledges will be cancelled if the nominated project is unsuccessful in reaching the tipping point by the project deadline.

You can financially pledge any amount from $1 up, so feel free to pledge whatever amount you’d like to to the wonderful projects on Communities.

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 project creators take care of carrying out the project.

Project creators 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 – but project creators may not be able to continue the project or it may be well below the tipping point by the project deadline. They 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.

2.4 These Communities Terms of use are important. If we find out that you’ve breached any of the provisions in these Terms of use, or if you in any way do something that damages the reputation of our Communities associates or us, we might have to suspend or terminate your project 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 Communities you agree to release and indemnify us and our Communities 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 Communities Terms of use and/or misuse of the Communities platform either by you or someone else using your account (even if we and/or our Communities 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 Communities is a place where you can find out about many exciting projects. Information might be added to the platform by project creators, project supporters and us. However, the presence of a project or project creator on Communities should not be taken as an endorsement of that project or project creator by us. We simply provide the operating platform to connect you with project creators. We do not guarantee the accuracy or quality of any information on a project listing, the identity of a project creator, the potential success or impact of a project, whether the project creator will actually carry out the project and/or how pledged funds will actually be used by a project creator. You make a pledge to a project run by a project creator; you do not make a pledge to us. You are responsible for independently checking out a project creator or project and making sure you are comfortable with them before making a pledge.

2.7 On Communities, you will find a lot of information about the many exciting and interesting project creators 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 a project creator outside of Communities or to link up with a project creator in an ongoing capacity (e.g. by volunteering your time or seeking employment with a project creator), 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 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 positive community causes and organisations for simply having a go at something different, so that’s why we don’t charge any fees on projects.

Rewards

2.9 Project creators are grateful for your support and want to say ‘thanks’ for your pledge. Sometimes project creators 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 – something the project creator feels might be of interest to you. A project listing will always make it clear whether the project creator is offering a reward as a thank you for your generous donation. So that the project creator 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 project creator 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, 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 Communities is in no way responsible for the types of rewards offered by project creators, 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.  

2.10 Notifications – We encourage project creators to keep in touch with their project supporters and project viewers – receiving updates about a project you have contributed to lets you see where pledges are going and makes you feel like you’re a part of something special.

When signing up to Communities you can choose to receive updates from us and from the project creators, by selecting the Notifications you want to receive. This means you will only receive the communications chosen or those we think are mandatory for everyone, such as letting supporters know when we are about to deduct the pledged amount from their credit card when the project has reached its tipping point.

If you do not wish to be contacted by a project creator, unfortunately, we can’t control the actions of project creators and we do not guarantee that project creators will follow your ‘no contact’ request. If this occurs, you will have to follow it up with the project creator directly.

2.11 DGR receipts – Depending on the type of project you are supporting, and the project creator involved, your pledge may be tax deductible, and if so you will be eligible to receive a DGR receipt for your pledge – supporting your community and your wallet at tax time, all with a single pledge!

If you have asked for a DGR receipt when making a financial pledge to a project, the project creator is responsible for issuing you with a receipt when the pledged funds are received by the project creator for a successful project. We are unable to issue receipts ourselves and we do not provide any guarantee that project creators will issue you with a receipt. If you do not receive your DGR receipt, you will have to follow this up directly with the project creator.

You will only be potentially eligible for a DGR receipt for the direct pledges made by you.
We make no representations about the tax deductibility or otherwise of pledges made to any project on Communities. For the avoidance of doubt, not all pledges made via Communities are directly tax deductible. All questions about DGR receipts should be directed to the project creator 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 project creators before accepting them on Communities, we can’t guarantee that project creators will always do what they say they will do. We in no way represent that project creators will in fact carry out the projects listed on Communities or provide any guarantee that your pledged funds will be used as described by project creators in their project listing.

2.13 We allow over-subscriptions to projects on Communities. 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? We recognise that some projects will be so good that you and other supporters might want to just keep on giving no matter how much money and/or other support has already been raised. Just because a project has hit its funding target doesn’t mean that the project creator running the project doesn’t need extra funds to help them create an even bigger, better project and greater community 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 a project creator 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 of use with project creators require them to put any surplus funds received towards 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.

Project creators

3.1 A reference in this section to you or your means project creators only.

Setting up a project creator account

Anyone wanting to use the site for a project needs to join the site and create a profile to start with. Just go to www.bendigobank.com.au/community/communities. Once you have a profile telling us how fabulous you are, creating a project is pretty simple and we step you through what’s needed.

When creating a project, you will be asked to provide details such as what your project is, why it is special, how people can help you, what time frame you need and whether you just need support or funding, or both! For all projects where funding is needed, we set a tipping point as a minimum to make sure you can deliver on your goal(s) successfully.

We will need to review and approve your project to make sure it fits with our goals of strengthening communities. Because of this, please set a start date at least 3 days into the future. This allows us time to review your project and discuss with you whether we think it would be a good idea to add more details, load fantastic pictures to sell your project story to supporters or anything else needed to make sure you reach success.

For all projects requiring funding, we also ask you to provide us with your Bendigo Bank account details. If you already have an account with us, that’s easy, just let us know. If you don’t, you can open an account at any time during your project, but, unfortunately, we won’t be able to facilitate funding until you have opened that account and let us know. We need at least 24 hours once that account is opened before we will transfer funds raised. It’s a bank thing!

We do have some great account options and encourage all project creators to check out our accounts on www.bendigobank.com.au, where you can also open an account online easily, as long as you meet our usual bank-account requirements.

3.2 If a project raises over $20k we will require documents showing how funds were managed as a part of the due diligence post-project; projects over 50K are required to show receipts.

3.3 Communities is a place for good. We only accept projects on Communities that are aiming to create a positive community impact. We will not accept projects that involve any illegal activities or any projects that we believe are not in the spirit of Communities. Projects we don’t support include those for personal gain, overseas projects, commercial activities, illegal activities and projects that require ongoing funding.
Before a project is accepted on Communities it must be approved by us to ensure only those projects that reflect our values end up on Communities.

Your application to list a project on Communities is reviewed by us 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. Our decisions are final and are made at our sole discretion. For further details on the criteria which we take into account in assessing your application to list a project on Communities please refer to our FAQs as they are updated from time to time.

If your project is accepted on Communities but is not successful in reaching its funding target (or tipping point as the case may be), you are welcome to re-submit your project. Your project must again meet the criteria outlined in the Guidelines before we are in a position to reconsider it for Communities.

If your project is accepted on Communities and once your project is live you may only alter the project deadline or funding target for the project in exceptional circumstances (see Clause 1.11). We do allow you to make changes to the contents of your project listing while a project is live on Communities; however, any changes must not be substantial in respect of the project specifications and the desired community impact (and we reserve the right to determine whether the changes are substantial at our sole discretion). Any proposed extensions or alterations to the funding target may only be made with our agreement as indicated elsewhere in these Terms of use.

3.4 As set out in under General (section 1) of these Communities Terms of use, you acknowledge that you are not eligible to receive any funds from us, or project 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 Communities, the project listing is likely to include materials specific to your project or you as a project creator. By uploading any materials to Communities 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 Communities, including using your project as a success story about a great project which is making a difference in your community.

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 great community causes for simply having a go at something different, so that’s why we don't charge any fees on projects. We want to encourage people to make a positive community impact through Communities.

3.7 For successful projects, our payment processing partner will process the pledges made and transfer funds from the pledges successfully processed into your project bank account. We are not responsible for, and you release us from liability in connection with, any delays in the transfer of pledged funds to your project bank account for whatever reason (even if we and/or our associates are negligent).

3.8 Communities is not responsible for chasing pledges from project supporters which have not been successfully processed for any reason. If your project is successful but a project 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 project supporter (if you wish). Communities' payment processing partner will attempt to again charge the credit or debit card of all project supporters whose pledges were declined in the first instance. No reprocessing will occur if the pledge was made from a stolen card or the card has expired. We will take no further part in attempting to recover unprocessed financial pledges and will not be responsible for making up the shortfall if these amounts cannot be recovered from the defaulting project supporter or for any of your actions or omissions taken in connection with such recovery.

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.

3.10 Subject to the restrictions contained in this clause, we allow you to offer rewards to project supporters as incentives for making a pledge to your project.

Rewards must be non-monetary items only, with a value not exceeding the amount 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 project supporters. Rewards must not involve the offering of financial products, financial returns or incentives, proprietary interests, securities, derivatives etc. Communities is a place for project supporters to pledge to a specific project, not for you to carry out capital fundraising activities (or similar). This is not a crowd-sourced equity-funding site. You agree that Communities 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 project supporters for pledges made to your project. All rewards must not fall outside the general spirit of Communities, must not cause or have the potential to cause offense to others and must not involve any illegal items or activities.

If you do offer rewards to project supporters, you will use your best endeavours to deliver the rewards to all project 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 also agree 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 project 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 project supporters that pledges will or may be tax deductible. For example, if you are offering rewards as incentives for project 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 project 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 project 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 project supporters who have supported your project (where they are available to us and the project supporter has authorised us to disclose them to you). You agree to indemnify us and our Communities 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 project supporters.

3.12 We do not guarantee or represent that pledges you receive through Communities 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 Communities.

You release and indemnify us and our 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 Communities.

3.13 By submitting a project to Communities you agree to comply with all applicable State and Federal fundraising laws.

You agree to indemnify us and our 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 Communities is a big responsibility. Project 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 community impact or your ability to carry out your project;

c) keep project supporters updated on the progress / success of your project by posting updates on Communities about your project after the project deadline;

d) promptly provide any additional information or materials about you or your project that we ask you for – projects over 20K are required to report to us for due diligence and we will request these reports, and for projects over 50K receipts are required;

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 project supporters on Communities – receiving updates about a project which project 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 project supporters of your project through Communities. Updates can be sent to all supporters of your project (whether the project is completed or ongoing) through your Communities account messages. If a project supporter has not consented to be contacted outside Communities, you must not attempt to contact such project supporters outside of Communities and/or add such project supporters to your mailing lists, databases, etc. For example, you are only permitted to provide such project supporters with a DGR receipt (or other such specified purpose) and you must respect the privacy wishes of all project supporters.
This would include where you are a DGR and a project 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 project supporter has not consented to being contacted by you except for being provided with a DGR receipt (if applicable).

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 Communities, communications with project supporters or the carrying out of your project. You agree to indemnify us and our Communities 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 Communities to the specifications and within the time frames that you have communicated to your project supporters in your project listing.

We appreciate that unforeseen events may impact on your ability to carry out the project as planned. Where this occurs, you must communicate with the project supporters who have pledged funds to your project as soon as reasonably practicable to let them know of any changes to the project or as 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 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 Communities.

3.16 We allow over-subscriptions to projects on Communities. Basically, project 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 Communities any funds over and above the amount of your funding target, you will only use those funds in a manner consistent with the desired community outcomes 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 project supporters continuing to pledge (and those who have already pledged) have an understanding of how surplus pledged funds will be used.

3.18 Communities is a place for good. If you:

a) are in breach of these Communities Terms of use;

b) in any way do something that damages the reputation of our associates or us; or

c) if we believe (at our discretion) that you are in any way manipulating the pledge system on Communities 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 Communities.

3.19 By signing up to Communities you agree to release and indemnify us and our 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 Communities Terms of use and/or misuse of Communities either by you or someone else using your account (even if we and/or our Communities 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 association (whether incorporated or unincorporated) (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 Communities Terms of use 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.

3.21 If you are a natural person, then in the event of your death we reserve the right to suspend or terminate your project creator 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.

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