Subscription terms

1. About

1.1 About these terms and us

These terms (Subscription Terms) set out the rules for your use, and our provision, of the Together platform (the Platform). We will both comply with these rules.

When we refer to:

• Together, we, us, or our in these Subscription Terms, we mean Together Giving Pty Ltd (ABN 69 696 704 604); or
• you or your, we mean the customer (whether that is an individual or an entity) who has signed up to use and access the Platform.

1.2 Requirements

To sign up and open and operate an account on the Platform, you must be a bona fide organisation - such as a registered political entity, incorporated association, not-for-profit or advocacy organisation - acting through an authorised representative. We reserve the right to verify this.

We also reserve the right to accept or decline any sign-up at our sole discretion. We only offer the Platform to organisations whose activities are consistent with our values, and we are not required to give reasons for any decision to decline or discontinue access.

1.3 Signing up

Subject to clause 1.2 above, you can sign up to the Platform directly on our Website. We offer a range of subscription tiers - from a free tier through to paid tiers and enterprise arrangements (each a Tier). If you are signing up to a free or paid Tier, you can do this directly on our Website. For enterprise Tier, get in touch and we will agree the details with you directly, including signing an order form.

However you sign up, we call that your Order. Your Order records the details of your subscription, including your Tier (and the features included) and (where applicable) the Fees, Payment Terms and Term.

1.4 Our agreement

Our agreement consists of your Order, these Subscription Terms, and any applicable Feature Terms (see clause 5.1) (agreement). Our agreement is formed when you sign up, or when we sign an order form (as applicable) and it continues as is described in clause 2 below. By signing an Order or accepting any terms, you warrant that you are authorised to bind the organisation on whose behalf you are signing up.

If there is any inconsistency between your Order and these Subscription Terms, the Order will prevail to the extent of that inconsistency.

2. Term and auto-renewals

2.1 Length of subscriptions

Your subscription runs month to month from the date you sign up, unless your Order sets out a minimum term (Minimum Term).

A month-to-month subscription continues until cancelled or terminated in accordance with these Subscription Terms.

2.2 Minimum Term and renewal

If your Order includes a minimum term, your subscription runs for that period (Minimum Term). After the Minimum Term expires, your subscription will either continue month-to-month or renew for a further fixed term, depending on what your Order says.

If the Order sets out a further fixed term (Further Term), your subscription will continue to automatically renew for periods equal to that Further Term unless or until cancelled or terminated earlier in accordance with these Terms.

2.3 Cancellation

If you are on a month-to-month subscription, you can cancel at any time by giving us at least 7 days' notice before the end of your current month. Your cancellation takes effect at the end of that month. If you give notice within 7 days of the end of the month, it will take effect at the end of the following month.

If your subscription has a Minimum Term, or has renewed for Further Term, you can cancel at any time by giving us 30 days' written notice. Your cancellation will take effect at the end of the then-current Minimum Term or Further Term (as applicable).

2.4 Reference to Term

When we refer to the Term in these Terms, we mean the then-current period of your subscription - whether that is month-to-month, a Minimum Term, or a Further Term.

3. Fees and payment

3.1 Fees and payment

The Fees and how and when you pay them are set out in your Order. Our Fees are generally payable in advance, unless we agree otherwise in writing.

3.2 Fee increases

We will not increase your Fees during any Minimum Term or Further Term, unless your Order already sets out a Fee increase applying to that Further Term.

Outside of those periods, or if you are on a month-to-month subscription, we may increase your Fees by giving you at least 30 days' written notice.

If you do not want to continue at the new Fee, you may cancel your subscription in accordance with clause 2.3. If you do so, the Fee increase will not take effect for the period between your cancellation notice and the effective date of your cancellation.

3.3 Payment by invoice

Where your Order sets out that payment is by invoice, you must pay each invoice within 30 days of the invoice date.

3.4 Payment by direct charge

Where your Order sets out that payment is by direct charge, we will charge your nominated card monthly in advance or at the frequency set out in your Order if different. You are responsible for keeping your card details, billing address and account information current and accurate.

If a direct charge payment fails, we may try again up to four times over four weeks. If payment still cannot be collected, we may:

• seek payment by another method or recover the debt through other means - you will be responsible for any reasonable collection costs;
• seek reimbursement for costs incurred in re-attempting payment; and
• suspend your access to the Platform until all outstanding amounts are paid.

3.5 Incorrect charges

If you think you have been incorrectly charged, contact us at hello@alltogether.giving. We will investigate and let you know our findings in writing.

3.6 Taxes

All Fees are inclusive of applicable taxes unless otherwise stated. If any withholding tax applies to your payments, you must gross up the amount so that we receive the full Fee.

4. Transaction processing

4.1 Payment processor

All payments through the Platform are processed by a third-party processor - we currently use Stripe. We do not hold or deal with funds on your behalf, other than to deduct our transaction fees in accordance with clause 4.2. Any funds that pass through our systems do so solely for the purpose of onward transmission to your connected account with the relevant third-party processor.

4.2 Transaction fees

In addition to the Fees set out in your Tier, we charge a per transaction fee on each transaction processed through the Platform. Transaction fees are deducted from funds prior to transmission to your connected account in accordance with clause 4.1 above. The applicable rate is set out on our website or as otherwise agreed in your Order. We reserve the right to update the rates from time to time and we will give you at least 30 days written notice.

4.3 Payment configuration

You are responsible for ensuring your Stripe account and payment configuration are correctly set up and kept up to date. We are not liable for any failed, misdirected or delayed transactions arising from incorrect or outdated configuration.

4.4 Customer eligibility and verification

To open and operate an account on the Platform, you must be a bona fide organisation, as described in clause 1.2. You and your connected payment account are subject to identity and eligibility verification by us and our payment partners, including the KYC checks performed by Stripe. We may require additional information or documentation at any time and may decline or suspend an account where verification cannot be completed.

4.5 Use of funds

You are responsible for ensuring that all transactions you solicit and receive through the Platform are used for the lawful purposes represented to your Supporters. We are a technology provider and do not direct or control how you use the funds you receive.

4.6 Refunds to Supporters

You are responsible for setting and communicating your own refund policy to your Supporters, and for processing any refunds for transactions received through the Platform. We may facilitate refund requests made by Supporters who cannot reach you directly, but any decision to refund and any cost of doing so remains your responsibility. You indemnify us against any claims, costs or losses we incur as a result of refund requests made in connection with your use of the Platform.

5. Tiers

5.1 Access and features

You will get access to the features and functionality that form part of your then current Tier. You must ensure you use the Platform within the parameters of that Tier. Certain features are subject to additional terms (Feature Terms), which will be presented to you within the Platform. By accessing or using such a feature, you are deemed to have agreed to the applicable Feature Terms, which form part of our agreement with you.

5.2 Upgrading Tiers

You can update to a higher Tier at any time. The upgrade takes effect immediately. We will charge a pro-rata amount for the remainder of your current billing period at the new Tier rate, and your next billing cycle will be charged at the new plan Tier in full.

5.3 Downgrading Tiers

If you downgrade to a lower Tier, the downgrade takes effect at the end of your current billing period. Your next charge will be at the new plan Tier (or you'll stop being charged if you downgrade to the free Tier).

If your Order specifies a Minimum Term, you may only downgrade your plan on renewal at the end of that term or any then current Further Term.

5.4 Effect of downgrading Tiers on features

Features on the Platform are gated within each Tier. When a downgrade takes effect at the end of your current billing period, you will lose access to any features not available on your new Tier - including any of Your Data held within those features.

5.5 Downgrading and Your Data

Before your downgrade takes effect, you are responsible for exporting any of Your Data that will not be accessible on your new Tier. Your Data can be exported via the export features available in your then current Tier. We are not responsible for any loss of Your Data that results from a downgrade where you have not exported it before the end of your current billing period, when your downgrade takes effect.

6. Accounts and security

6.1 Your account and users

You are responsible for:

• deciding who can access your Platform account as a user (User) and on what basis;
• making sure your Users comply with these Subscription Terms;
• all activity in your account - by you, your Users and anyone else who gains access because you did not properly secure your account;
• keeping your login details confidential; and
• taking reasonable steps to prevent unauthorised access to your account.

6.2 Unauthorised access

If you think your account has been accessed without authorisation, or your login details have been lost or compromised, contact us straight away.

6.3 Together's security obligations

We will maintain reasonable technical and organisational security measures, including manual and automated security scanning, to protect the Platform and the data held within it. We will notify you without undue delay if we become aware of a security breach that affects Your Data. If your Order sets out any specific security obligations, we will also comply with those.

7. Acceptable use

7.1 General

You must use the Platform only for its intended purposes and in compliance with all applicable laws, code and regulations. You must ensure all of your Users comply with this clause 7.

7.2 What you must do

You must only upload or input data and content (including Your Data) that:

• you have the rights and consents to upload;
• does not infringe anyone else's rights, including privacy rights and Intellectual Property Rights;
• is not unlawful, fraudulent, misleading, offensive, defamatory, discriminatory or harassing; and
• does not contain malicious code, viruses or harmful software.

7.3 What you must not do

You must not:

• access (or attempt to access) parts of the Platform you are not authorised to;
• test or probe our systems for vulnerabilities, attempt to bypass any security mechanism, or place unreasonable burdens on our systems;
• copy, disassemble, decompile, reverse-engineer or modify any part of the Platform, or use automated tools to extract information from it;
• resell, sublicense or distribute access to the Platform;
• impersonate any person or organisation, this includes using another person's login details without their permission;
• use the Platform to solicit, accept or process funds connected with illegal activity, the financing of terrorism or violent extremism, money laundering, fraud or deceptive solicitation, unlicensed money transmission, or the sale of regulated or prohibited goods including weapons, controlled substances or adult content;
• use the Platform for any activity prohibited by our payment partners, including the Stripe Restricted Businesses list; and/or
• do anything else that would undermine the integrity or security of the Platform.

7.4 Sanctions and prohibited jurisdictions

You must not use the Platform to solicit, accept or process donations connected with any person or entity located in, ordinarily resident in, or established in Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk or Luhansk regions of Ukraine, or that is the subject of, or owned or controlled by a person subject to, sanctions administered by the Australian Government (DFAT Consolidated List), the United Nations Security Council, or, where applicable, the United States (OFAC), the United Kingdom (OFSI) or the European Union. We and our payment partners screen accounts and transactions against applicable sanctions lists and may decline, hold or reverse any transaction, and suspend or close any account, to comply with sanctions law.

7.5 No raffles, lotteries or gambling

The Platform may not be used to conduct, promote or process payments for raffles, lotteries, sweepstakes, prize draws, gaming, wagering or any other form of gambling, whether or not conducted for a charitable purpose. Transactions processed through the Platform must be voluntary gifts that do not entitle the donor to a chance to win a prize or to any other consideration.

7.6 Values alignment

You must not use the Platform in a manner that is inconsistent with our values, as published on our website from time to time. We may suspend or terminate your access if we determine, in our sole discretion, that your use of the Platform is inconsistent with our values.

7.7 Breach of this clause

If you or your Users breach this clause, we may suspend your access and/or remove non-compliant content (including Your Data) immediately and without liability to you. We will try to notify you before doing so, or as soon as practicable after. If you fix the problem, we will reinstate your access. If you do not, we may terminate the agreement under clause 18.

8. Developer resources

8.1 API access and keys

Access to the Platform's API is permitted only where it is a feature of your Tier. As part of that feature, you're responsible for issuing your own API keys. You must only issue keys to authorised Users, keep your API key confidential and must not share it with any third party. You are responsible for all activity carried out using your API key. If you believe your API key has been compromised, you must notify us immediately and we will issue a replacement.

8.2 API usage limits

You must use the API within the usage limits applicable to your plan. We may throttle or suspend API access if your usage exceeds those limits or places unreasonable demand on the Platform's infrastructure. We will endeavour to give you notice before doing so where it is reasonable to do so.

8.3 API permitted use

You may only use the API to access and interact with the Platform for your own lawful purposes in connection with your use of the Platform. You must not use the API to scrape, replicate or redistribute Platform data, build a competing product, or circumvent any access controls or feature restrictions applicable to your plan.

8.4 Sandbox access

Sandbox access is available on Tiers where it is included as a feature. The sandbox is an isolated testing environment for you to configure and test your use of the Platform without affecting live data or operations.

8.5 Sandbox data

Data entered into the sandbox is not live data and should not include real Personal Information or production data. We do not guarantee the availability, retention or integrity of sandbox data and may reset or clear the sandbox environment from time to time.

8.6 Switching between environments

You are responsible for ensuring you are operating in the correct environment at all times. We are not responsible for any loss or unintended consequence arising from activity carried out in the live environment that you intended to carry out in the sandbox, or vice versa.

9. Support

9.1 General support

If you have a problem with the Platform, contact us at hello@alltogether.giving. We will use reasonable endeavours to respond and assist.

9.2 Additional support

If your Order includes additional support commitments, we will use reasonable endeavours to meet those. If your Order does not include additional support commitments but you would like some, please contact us at hello@alltogether.giving if you would like to discuss specific support commitments.

9.3 Availability

The Platform or some of its features or functionalities may be unavailable or have limited availability from time to time, including for maintenance, upgrades, security work or other reasons within or outside our control, including a Force Majeure Event. We will use reasonable endeavours to minimise disruption and, where downtime is within our control, to restore the Platform as soon as practicable.

We are not liable for any loss or damage arising from unavailability or disruption to the Platform, including where this prevents you from receiving donations or accessing Your Data or using the Platform.

10. Data

10.1 Ownership of Your Data

You own all rights in and to Your Data. You are solely responsible for its accuracy, completeness and integrity, and for how you collect or acquire it.

10.2 Responsibility for Your Data

You acknowledge that:

• any reports, outputs or information generated by the Platform depend on the quality and accuracy of Your Data;
• you are responsible for deciding whether any output is reliable or suitable for your purposes; and
• we are not liable for any decisions you make based on Platform outputs.

We maintain backup systems to support Platform continuity, but these are not designed to recover data deleted or modified by you or your users. You are responsible for backing up and securing Your Data and taking appropriate steps to prevent loss and unauthorised access.

10.3 Loss or damage due to Your Data

We are not responsible for any loss or damage of Your Data arising to the extent Your Data is inaccurate, incorrect, incomplete or poor-quality.

10.4 Removal of Your Data

We may remove Your Data that we reasonably consider to be unlawful, objectionable or in breach of these Subscription Terms. We will try to give you notice before doing so, or as soon as possible after.

10.5 Licence to Your Data

You give us a non-exclusive licence during the Term to use Your Data to the extent necessary for us to fulfil our legal or regulatory obligations and/or to provide and support the Platform.

10.6 Your Data on termination

You are responsible for exporting Your Data before the effective date of termination of your subscription - or such longer period if that is agreed in the Order. Your Data can be exported via the export features available in your then-current Tier. Once your account is closed, we are not responsible for any loss of Your Data that you have not exported.

10.7 Platform Data

Platform Data is owned by us and we may use it in our discretion, including to improve and benchmark the Platform and to provide analytical insights to our clients, subject to the remainder of this clause.

You agree that we may derive anonymised, de-identified analytics from Your Data and your Users' use of the Platform. Any such analytics form part of our Platform Data and will not identify you, your Users or any individual, or include any of your Confidential Information.

11. Intellectual Property

11.1 Ownership of the Platform and Our IP

We own all rights in and to the Platform, including its software, code, documentation, modifications and derivatives, and all content and resources on our Website and within the Platform (including any templates, forms and databases). We also own our methodologies, know-how, our Confidential Information, trade marks (registered or unregistered), logos and branding. Your Data is not included in any of this.

11.2 Your licence to use the Platform

We give you a limited, non-exclusive, non-transferable licence during the Term to access and use the Platform, and to access and use our content and materials made available through the Platform or our Website, in each case solely for your own internal business purposes, as permitted by your Order and always in accordance with these Terms. All other rights are reserved.

11.3 Our licence to use your IP

You grant us a limited, non-exclusive licence to use your name, logos and branding to the extent necessary to provide the Platform and any related services to you.

12. Third Party Products

12.1 Client-connected integrations

The Platform allows you to connect your accounts with certain third-party platforms and tools. Where you connect a third-party platform or tool, you do so under your own account and agreement with that provider. We are not responsible for the availability, performance or conduct of any third-party platform or tool you connect, and your use of those platforms and tools is governed by their own terms of service.

12.2 Our providers

The Platform is built on and operates with the assistance of third-party infrastructure and service providers. These providers are not visible to you as part of your use of the Platform. We take reasonable steps to select reputable providers, but we are not liable for any disruption, loss or failure caused by an upstream provider where that disruption is outside our reasonable control.

13. Confidentiality

13.1 Confidentiality obligations

Each of us will keep the other's Confidential Information confidential and will not disclose it to any third party, except as set out below.

13.2 Disclosure

Neither of us will disclose the other's Confidential Information to any third party, except:

• to the extent needed to provide or use the Platform or perform obligations under this agreement;
• where required by law, regulation or stock exchange rules;
• to our employees, contractors, advisors or representatives who need it to perform their roles; or
• with the other party's prior written consent.

13.3 Security measures for Confidential Information

Without limiting our security obligations elsewhere in these Subscription Terms or agreed in an Order, each of us will keep appropriate security measures in place to protect the other's Confidential Information.

14. Privacy

14.1 Compliance with applicable laws

Each of us is responsible for our own privacy compliance in connection with the personal information we respectively collect and manage through or in connection with the Platform. This includes complying with applicable laws, maintaining a privacy policy and obtaining all required consents from, and making all required disclosures to, the individuals whose data we collect or process. Neither of us is responsible for the other's privacy compliance.

14.2 Our Privacy Policy

Our Privacy Policy explains how we collect and use personal information from visitors to our website and users of the Platform, including personal information from or about Supporters. By entering this agreement, you confirm you have read and understood it.

14.3 Supporters

Where a Supporter interacts with the Platform through your activities or campaigns, the data generated through that interaction is Your Data. Where a Supporter creates an account with us, interacts with the Platform directly and/or independently of your campaigns, or interacts with other clients on the Platform, that data is either held by those other clients as their data, or by us as Platform Data. We may hold data about the same individual in both capacities.

14.4 Your privacy obligations

Where you provide us with personal information, or collect or process personal information through the Platform, you warrant you have the right to do so and have complied with all applicable privacy laws in collecting and disclosing that information.

15. Marketing

We may use your company name and logo for marketing or promotional purposes on our Website and in communications with potential or existing customers. If you would prefer that we did not, let us know in writing.

16. Warranties

16.1 Mutual warranties

Each of us warrants to the other that it:

• has the authority to enter into this agreement and carry out its obligations under it;
• holds all licences, consents and authorisations needed to do so; and
• has not relied on any promises or representations made by the other party that are not set out in these Subscription Terms or the relevant Order.

We are both entering this agreement based on these warranties.

16.2 Platform provided "as-is"

The Platform is provided "as is" and "as available", with no warranties, express or implied. We do not guarantee that the Platform will:

• always be available or uninterrupted;
• meet your specific needs or expectations;
• be suitable for any particular purpose; or
• produce complete or accurate outputs in all circumstances.

16.3 Platform specific acknowledgements

You acknowledge and agree as follows.

• Any outputs generated using the Platform depend on the accuracy and completeness of Your Data - we are not responsible for outputs that are inaccurate or incomplete because of issues with Your Data, and regardless you are solely responsible for reviewing any outputs before relying or acting on them (including submitting them to any regulatory authority).
• While the Platform may include features to help you monitor compliance against applicable laws or regulations, it does not provide legal, regulatory, tax or financial advice, and any compliance-related outputs or reports are a guide only and not a substitute for professional advice. You are solely responsible for your own compliance with all applicable laws (including those relating to political donations, charitable fundraising, electoral laws and taxation) and should obtain your own professional advice where needed.
• Each of us is solely responsible for our own relationship and interactions with Supporters to the extent they arise from our respective roles - you as the organisation engaging, soliciting or receiving funds from Supporters, and us to the extent Supporters interact directly with the Platform.

16.4 Exclusions

To the fullest extent permitted by law, we exclude all other representations and warranties not set out in these Subscription Terms or your Order, including any implied warranties relating to fitness for purpose, performance or accuracy. Nothing in this agreement affects any rights you may have under the Australian Consumer Law.

17. Liability

17.1 Liability cap

To the fullest extent permitted by law:

(a) neither of us is liable to the other for any indirect, consequential, incidental, special or punitive losses (including loss of profit, loss of opportunity or loss of data) regardless of how those losses arise; and

(b) each party's total liability to the other for all claims under or in connection with this agreement is limited to the Fees you paid in the 12 months before the event giving rise to the claim, or if you are on a free Tier then AUD $250.

17.2 When the cap doesn't apply

The cap in (b) above does not apply to:

(a) a party's (or its employee's, contractor's or personnel's) fraudulent acts or omissions; and/or

(b) your obligation to pay us Fees.

17.3 Proportionate reduction

If a loss is partly caused by both of us, each party's liability will be reduced proportionately.

17.4 Australian Consumer Law

If the Australian Consumer Law applies to a supply we make under this agreement, nothing in this clause limits any guarantee that applies under the Australian Consumer Law and cannot lawfully be excluded. To the extent permitted by law, our liability for breach of such a guarantee (in respect of services) is limited to either supplying the services again or paying the cost of having them supplied again.

18. Ending the agreement

18.1 Termination for cause

In addition to other termination or cancellation rights expressed throughout these Subscription Terms, either of us can end this agreement immediately by written notice if:

• the other materially breaches this agreement and the breach cannot be fixed;
• the other materially breaches this agreement and does not fix it within 21 days of written notice; or
• the other becomes insolvent, enters administration or liquidation, makes an assignment for the benefit of creditors, or is subject to any similar event.

18.2 What happens when the agreement ends

When this agreement ends:

• each of us must return or securely destroy the other's Confidential Information on request;
• your right to access and use the Platform immediately stops and it is your responsibility to ensure you have downloaded and transferred Your Data out of the Platform in accordance with these Subscription Terms; and
• any Fees that are due and unpaid as at the date of termination become immediately payable.

If you terminate this agreement because of our material breach, we will refund any Fees you have pre-paid for the period beyond the termination date, calculated on a pro-rata basis.

18.3 Accrued rights

Ending this agreement does not affect any rights or remedies either of us has built up before termination.

19. Changes to these Subscription Terms

19.1 Updating these Subscription Terms

We may update these Subscription Terms from time to time. The type of change determines how we notify you.

(a) For changes that affect your ability to use the Platform or either party's obligations or liabilities - at least 14 days' written notice before the change takes effect.

(b) For other substantive changes - written notice on or before the date the change takes effect.

(c) For minor or administrative changes that do not affect the substance or operation of these Subscription Terms (such as correcting words or updating a contact detail), we will update the "last updated" date at the top of these Subscription Terms, which serves as notice of the change.

19.2 Your rights regarding changes

If you do not agree to a change notified under (b) or (c) above, you may terminate your subscription by written notice to us before the change takes effect. Your subscription will end at the close of your then-current billing period and the change will not apply to you. If you do not notify us before the change takes effect, your continued use of the Platform will be taken as acceptance of the updated Subscription Terms.

19.3 Last updated date

The date at the top of these Subscription Terms reflects when they were last updated.

20. Disputes

20.1 Notice and meeting

If a dispute arises about our agreement, the party raising it must give the other written notice describing the dispute. Within 7 days, we will meet or speak to try to resolve it - each represented by someone with authority to settle. All discussions are confidential and without prejudice.

20.2 Dispute not resolved

If the dispute is not resolved within 30 days of the notice (or a longer period we both agree to in writing), either of us may start court proceedings.

20.3 Obligations during a dispute

Each of us must keep performing our obligations during a dispute, unless the disputed obligation is the one in question.

21. Notices

Any notice under this agreement must be in writing. We will send notices to you at the email address connected to your account. You must send notices to us at hello@alltogether.giving. A notice is taken to be received at the earlier of:

• an automated delivery confirmation from the sender; or
• 24 hours after sending.

We may also communicate with you through the Platform itself from time to time.

22. General

22.1 Relationship

This agreement does not create a partnership, joint venture, agency or employment relationship between us.

22.2 Subcontracting

We may subcontract any of our obligations without your consent. We will remain responsible for our subcontractors' acts and omissions.

22.3 Assignment

You may not assign or transfer any of your rights or obligations under this agreement without our prior written consent (which we will not unreasonably withhold).

We may assign or transfer this agreement at any time without your consent, provided that the incoming party assumes all of our obligations under this agreement from the date of assignment.

22.4 Entire agreement

This agreement is the entire agreement between us about its subject matter and supersedes all prior discussions, representations and agreements.

22.5 No waiver

If a party does not enforce a right under this agreement, that does not mean that party has waived it. Any waiver must be in writing and applies only to the specific right or breach being waived.

22.6 Severance

If any part of this agreement is found to be invalid or unenforceable, that part is severed and the rest continues to apply.

22.7 Survival

Obligations relating to confidentiality, liability limitations, privacy and payment survive the end of this agreement, as do any other provisions that by their nature are intended to continue.

22.8 Governing law

This agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.

23. Definitions and interpretation

23.1 Definitions

In these Subscription Terms, terms have the meaning given to them throughout the terms, in your Order or as follows.

Australian Consumer Law means the provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied under Part XI or under any equivalent State or Territory legislation.

Confidential Information means confidential, proprietary or commercially sensitive information of a party (in any form), including financial information, business plans, processes and methodologies, and customer information, that is identified as confidential or that a reasonable person would understand to be confidential. It does not include information that is or becomes publicly available other than through a breach of this agreement, or that the receiving party can show it already knew independently.

Force Majeure Event means any event beyond a party's reasonable control that prevents or delays performance of its obligations, including natural disasters, acts of God, fires, floods, strikes, riots, terrorism, governmental orders or public health emergencies, or failures of third-party infrastructure or services.

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in copyright, trade marks, designs, patents, confidential information, inventions and all other results of intellectual activity, whether or not registered.

Platform Data means data and information that we obtain or create in connection with the Platform, including its operation and use.

Privacy Policy means our privacy policy available at alltogether.giving/privacy, as updated from time to time.

Supporter means any individual or entity that makes or intends to make a donation or contribution to, or otherwise engages with, your campaign or activities through the Platform.

Website means our website at alltogether.giving or other websites we operate that we tell you about.

Your Data means all data, information and content that you or your Users provide to us or input into the Platform, and any data or outputs generated by the Platform based on that input, but excluding Platform Data.

23.2 Interpretation

In this agreement, unless the context otherwise requires, headings are for reference only; the singular includes the plural and vice versa; 'includes' and 'including' are not words of limitation; references to legislation include all amending or replacing legislation; and $ means AUD or the currency set out in your Order if different.