Terms of Service - Everflame Fundraising

Version: 1.0 · Effective date: on publication at www.everflamefundraising.com.au/terms · Last updated: 2026-07-11 · Operator: VirgoLabs (ABN 62 345 335 476)

These Terms take effect on the date of their publication at www.everflamefundraising.com.au/terms and remain in force until replaced by a later version.

Operator. Until Everflame Fundraising Pty Ltd is incorporated, the Operator is VirgoLabs (ABN 62 345 335 476), of New South Wales, Australia, contactable at virgolabs@proton.me (the "Operator", "we", "us"). On its incorporation the Operator will be Everflame Fundraising Pty Ltd (ACN [to be inserted on incorporation], ABN [to be inserted on incorporation]), an Australian company registered under the Corporations Act 2001 (Cth) — a national scheme administered Commonwealth-wide by the Australian Securities and Investments Commission — with its registered office in New South Wales; the Operator's rights and obligations under these Terms will be assigned or novated to that company under clause 20.3, and this document will be updated to name it. Applies to: the website at www.everflamefundraising.com.au and the Everflame fundraising service (together, the "Platform"). Capitalised terms carry the meanings in the Operator and shared facts section at the foot of this page.

This is general information for your own decision or for review with a registered tax adviser. The platform records, computes and assembles; it does not advise, and it does not prepare or lodge any return, statement or distribution for a fee.

Status of the live product. The Platform offers a demonstration / live toggle. The default view for a visitor who has not switched it shows worked-example campaigns, takes no payment and issues no live receipt. Any visitor can switch to the live view, where campaigns are real: a one-off Gift (clause 3) and a Pledge commitment (clause 3A) are both charged through the real payment provider and issue a real receipt. Recurring giving (clause 4) is not yet connected in either view — this is the one feature genuinely not yet operative, and it is marked as such where it appears. Every other clause below describes the live view as it presently operates.

Part A - for everyone (visitors and Donors)

1. About these Terms, and acceptance

1.1 These Terms of Service ("Terms") are an agreement between you and the Operator. They govern your access to and use of the Platform, a fundraising platform on which Recipient Organisations run campaigns and Donors give to them.

1.2 By using the Platform, making a Gift, booking a call, or holding an account, you accept these Terms. A Recipient Organisation additionally accepts them when its account is created.

1.3 Parts of the Platform can be read without an account, and most Donors will never hold one. If you browse or give without an account, these Terms apply to your access and use so far as they are capable of applying to you, including the acceptable-use rules (clause 11), our intellectual property (clause 12) and the disclaimers and liability clauses (clauses 15 and 16). Nothing in this clause requires anyone to hold an account.

1.4 Your privacy is addressed in our Privacy Policy, available at www.everflamefundraising.com.au/privacy. It explains what personal information the Platform collects and how it is handled, including the donor wall, which displays your name publicly only where you chose that at gift time.

2. What the Platform is, and is not

2.1 The Platform is technology that records, computes and assembles fundraising and compliance artifacts, such as receipts and acknowledgements. It is not a tax agent, a financial adviser or a legal adviser; it does not prepare or lodge any return, statement or distribution for a fee; and every compliance-touching output it produces is general information for your own decision or for review with a registered adviser.

2.2 The Platform takes custody of no donor funds and holds no owner capital; it handles third-party Gifts only. Funds move from the Donor's card, through the payment provider, to the Recipient's own payment-provider account, and are never pooled on a Platform balance.

2.3 The Platform does not represent that it, or any Recipient, holds a fundraising authority or licence in any jurisdiction. Clause 9 places the responsibility for fundraising authorisations where it belongs, with the Recipient.

2.4 This clause is the contractual statement of the Platform's honesty and non-agency boundary, and no other clause of these Terms is to be read as widening what the Platform holds itself out to do.

3. Gifts, receipts, and the receipt / acknowledgement separation

This clause describes the live view. In the default demonstration view, gifts are shown as worked examples, no payment is taken and no live receipt issues; the receipt logic described is the real engine, run on example data either way.

3.1 A Gift is a voluntary payment to a Recipient. You choose the Recipient, the campaign and the amount; the Platform records the Gift, computes the correct receipt and delivers the Recipient's acknowledgement.

3.2 The Platform issues the correct receipt for the Recipient's registered position: a tax receipt only where the Recipient's current deductible-gift endorsement supports it, and an ordinary receipt otherwise, never a deductibility a status does not carry. That correctness is fidelity to a versioned, maintained encoding of the live rules as at the gift date; every receipt records the encoding version that produced it. It is not a frozen snapshot, and it is not a guarantee of any tax outcome at law.

3.3 The receipt and the acknowledgement are separate artifacts, built on separate paths and combined only at delivery. The receipt is a regulated artifact whose content the rules and confirmed facts determine entirely; the acknowledgement is a message the Recipient designs freely. No choice made in an acknowledgement can change a receipt's regulated content.

3.4 The Platform does not warrant that any Gift is tax-deductible for your own circumstances. A receipt states the Recipient's registered position at the gift date; whether a particular Gift is deductible for you depends on your own circumstances and the law. A payment for which you receive a material benefit, such as a ticket or a raffle entry, or a Gift made under a sponsorship or similar arrangement, may not be a deductible gift at all. This is general information, not tax advice, and your tax position is your own.

3.5 A Gift is voluntary and, once processed, final: in common with Australian donation platforms generally, the Platform does not offer change-of-mind refunds, and a Recipient is not obliged to return a Gift because a Donor's intentions changed. Where a genuine error occurs — a duplicated charge, a mistaken amount, a Gift made to the wrong campaign, or a charge you did not authorise — contact us at virgolabs@proton.me as soon as practicable and we will work with the Recipient and the payment provider to correct it; the Platform's receipt system supports formal correction by a cancelling receipt, so a corrected Gift never leaves a false regulated record behind. Card disputes are handled by the payment provider under its own rules. Nothing in this clause limits any right you have under the Australian Consumer Law.

3A. Pledges (all-or-nothing)

This clause describes the live view. In the default demonstration view, a pledge is shown as a worked example and no card detail is captured.

3A.1 Some campaigns run as an all-or-nothing Pledge: you commit an amount by a stated deadline, and your card is tokenised — not charged — at the moment you commit. Your card is never charged automatically. The Recipient may charge your pledge only where the campaign's goal was reached by the deadline, and only does so by its own deliberate act; charging is not currently an automated process. A Pledge is a commercial pre-payment for access to whatever the campaign describes, not a gift, and where it is charged it carries an ordinary receipt, never a tax receipt, regardless of the Recipient's endorsement status.

3A.2 You may cancel a pledge, or ask that your card token be released and never charged, at any time by writing to virgolabs@proton.me. If a campaign's goal is not reached by its deadline, the Recipient must not charge any pledge to it, and the Operator will act on a request to release any token still held for it. Because charging is not yet an automated process, a pledge whose goal has not yet been reached, and one whose deadline has passed without being charged, both remain tokenised until charged, released on request, or the token expires with the card. A pledge that is charged is final in the same way a Gift is final under clause 3.5, and the same genuine-error correction route applies.

4. Recurring gifts

Not yet operative: recurring charging is not connected in either view.

4.1 Where recurring giving is offered, you authorise a Gift of the stated amount at the stated frequency until you cancel. The payment provider stores the payment instrument and performs each charge; the Platform stores the schedule and the provider's instrument token, never your card number.

4.2 You may cancel a recurring schedule at any time, by the route stated where you set it up or by writing to virgolabs@proton.me, and cancellation stops all future charges. Each completed charge is a Gift under clause 3.

5. The donor wall

5.1 Some campaigns show a public donor wall. Whether your name appears there, and how, is your explicit choice at the time you give: not listed (the default if you choose nothing), first name only, full name, or anonymous.

5.2 You can ask for your donor-wall display to be changed or removed at any time by writing to virgolabs@proton.me. Removal changes only the public display; the receipt and the financial records the law requires remain (Privacy Policy, Part H).

6. Fees and pricing

This clause describes the live view, where Gifts and Pledges are charged. In the default demonstration view, no payment is taken and no fee is charged.

6.1 The Platform's own fees, where any apply, are those set out on the pricing page at the time you incur them. Card-processing fees are the payment provider's, paid to the processor, never to the Platform.

6.2 Where a fee-cover option is offered, a Donor may optionally choose to cover the processing fee so more of the Gift reaches the cause; this is optional and can be declined without affecting the Gift. This option is not currently offered in the live view.

6.3 The Platform currently charges no fees of its own. Before the Operator first charges any fee: the Operator's GST registration position will be confirmed with its registered tax adviser — registration is compulsory once GST turnover meets the $75,000 registration threshold ($150,000 for a non-profit body) and optional below it — and any Platform fee stated to an Australian consumer will be stated as a single total price including GST where GST applies. Where the Operator is not registered for GST, no GST is charged on a Platform fee, and a fee shown is the whole amount payable.

7. Booking a call

7.1 The book-a-call form asks for your name, email and a time, with an optional note and an optional follow-up form. Submitting it requests a call and creates no other obligation on either side. The information you submit is handled under the Privacy Policy.

Part B - for Recipient Organisations (account holders)

8. Accounts, security and recovery

8.1 Organisation sign-up is by invitation: the Operator first adds an organisation's email to an access list, and the organisation then creates its own account under that email. No ABN or register check runs at account creation; the founding user is assigned the highest account role, and the Organisation may add other roles once its account exists. Register verification — ABN, and where relevant charity registration and deductible-gift endorsement — happens when the Organisation adds an Entity that a campaign or receipt will be issued against, either against the public registers or, where an Entity is not listed on them, by a documented manual attestation the Operator records.

8.2 You are responsible for the accuracy of what you provide, for keeping your credentials secure, and for the acts of the people you authorise under your roles. Tell us promptly at virgolabs@proton.me if you believe an account has been compromised.

8.3 Account recovery uses the backup-recovery email addresses you add and a fail-closed confirmation process. You are responsible for keeping your recovery contacts current, and you must have the authority of any person whose address you add; that person may receive recovery or takeover-confirmation emails, as the Privacy Policy discloses.

9. Recipient obligations

9.1 A Recipient is responsible for: its own legal status and registrations, and the accuracy of the registration facts it supplies (the Platform verifies ABN and ACNC status against the public registers, and the Recipient warrants the facts); its own fundraising authorisations and licences in every jurisdiction where it solicits; the lawfulness and accuracy of its campaign content; and its own communications with its Donors, under the consents its Donors have given.

9.2 The Platform makes no representation that any Recipient is authorised to fundraise in any jurisdiction, and nothing in these Terms or on the Platform is to be read as such a representation. Where a state regime requires an authority, a licence or a written authorisation for an appeal, obtaining and holding it is the Recipient's obligation before its campaign goes live.

9.3 A Recipient must not use the Platform to solicit in a jurisdiction where it does not hold the fundraising authority it is required to hold, and must tell the Operator promptly if a registration, endorsement or authority it relies on changes or lapses. Register checks are run when an Entity is added or re-verified, not on every Gift; the receipt is governed by the Entity's recorded position at the gift date (clause 3.2), and the duty to keep the underlying facts true, and to tell the Operator when they change, is the Recipient's.

10. Data ownership and portability

10.1 The data a campaign generates belongs to the Recipient that earned it and the Donor who gave it. The Platform does not mine, sell, rent or repurpose it, and uses it only to operate the service (Privacy Policy, Part D).

10.2 A Recipient's full contact and giving record is exportable to it, on request, in an ordinary portable form, at any time and again after termination (clause 17.3). Donor consents travel with the export so the Recipient can continue to honour them.

Part C - General (applies to everyone)

These clauses apply to every user of the Platform: visitors, Donors and Recipient Organisations alike. In particular the Australian Consumer Law saving clause (15.1), the changes clause (18) and the governing-law clause (19) apply to everyone.

11. Acceptable use

11.1 You must not use the Platform: for any unlawful purpose; to make, solicit or launder a fraudulent Gift; to misrepresent a cause, an Organisation, a campaign or the destination of funds; to impersonate any person or organisation; to test, probe or breach the Platform's security, or to access data you are not authorised to access; to scrape, harvest or bulk-collect content or data without our written permission; to interfere with the Platform's operation, including by circumventing rate limits or access controls; or to introduce malware or other harmful code.

11.2 The Operator may investigate suspected misuse and may act under clause 17 where these rules are breached.

12. Intellectual property

12.1 The Platform, its software, its design and its brand are owned by the Operator and its licensors. You may not copy, modify or redistribute them except as these Terms or the law allow.

12.2 Content a Recipient supplies, such as campaign copy and images, remains the Recipient's. The Recipient grants the Operator a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt (only for technical purposes such as formatting and resizing), publish and display that content on and through the Platform for the purposes of operating the service. The licence for an item ends when the item is removed from the Platform, except as needed to keep the records the law requires.

12.3 The Recipient warrants that it has the rights needed to supply its content and that the content does not infringe another person's rights or breach clause 11.

13. Third-party services and links

13.1 The Platform relies on third-party services: the payment provider (Stripe) for card entry, charging and settlement, email delivery (Resend), hosting (Vercel), and the database service (Supabase). Your use of the payment flow is also subject to the payment provider's terms, and card data is entered with and held by the payment provider, never the Platform.

13.2 Some pages link to external destinations, including a fundraisers page whose Donate buttons open another provider's payment page. Those destinations are not the Platform: what you do there is governed by that provider's terms and privacy policy, and the Operator is not responsible for them.

14. Service provided as-is, availability and change

14.1 The Platform is provided on an as-is and as-available basis, subject always to clause 15.1. The Operator does not promise that the Platform will be uninterrupted or error-free. Recipients should keep their own copies of campaign content that matters to them; the export right in clause 10.2 exists in part so that no Recipient's records are captive to the Platform's availability.

14.2 The Operator may change the Platform, and may suspend or discontinue any part of it, for reasons that include maintenance, security, legal compliance and product development. If a change materially reduces the service, or the whole Platform is discontinued, the Operator will give reasonable advance notice on the Platform where practicable and Recipients will be given the opportunity to export their records (clause 10.2) before the change takes effect. Records the law requires to be kept are retained per the Privacy Policy whatever happens to the service.

15. Australian Consumer Law and disclaimers

15.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other statutory right that cannot lawfully be excluded, restricted or modified. Every other clause of these Terms is subject to this clause 15.1.

15.2 Subject to clause 15.1, the Operator excludes all other conditions, warranties and guarantees, whether express or implied.

15.3 The Platform makes no promise that any Donor, Recipient, regulator or payment provider will accept any output, and no promise of fundraising success. Compliance-touching outputs are general information under clause 2; campaign content is the Recipient's, and the Operator does not endorse or verify a Recipient's cause beyond the register checks described in clause 8.1.

16. Liability, and responsibility for your own conduct

16.1 Subject to clause 15.1, and to the extent permitted by law, the Operator's total aggregate liability to you for all claims arising out of or in connection with the Platform, whether in contract, tort (including negligence), statute or otherwise, is limited to the greater of: (a) AUD $500; and (b) the total fees you paid the Operator for the Platform in the 12 months immediately before the event giving rise to the claim. This cap does not apply to any liability that cannot lawfully be limited, including liability for death or personal injury caused by the Operator's negligence, or liability for fraud.

16.2 Subject to clause 15.1, and to the extent permitted by law, the Operator is not liable for: campaign content supplied by a Recipient; loss arising from reliance on general-information outputs contrary to clause 2; unauthorised access to an account resulting from a failure to keep credentials or recovery contacts secure; or indirect or consequential loss, loss of data, or loss of opportunity.

16.3 You are legally responsible for your own conduct on the Platform. If a third party brings a claim against the Operator that is caused by a Recipient's campaign content or by a Recipient's breach of these Terms or deliberate unlawful use of the Platform, that Recipient agrees to reimburse the Operator for the reasonable costs and losses it directly incurs from that claim, but only: (a) to the extent the claim was caused by the Recipient's breach or unlawful use, and not by the Operator's own act, omission, negligence or breach; (b) if the Operator notifies the Recipient of the claim promptly and takes reasonable steps to mitigate; and (c) excluding any indirect or consequential loss of the Operator's. No Donor and no consumer gives any indemnity or reimbursement obligation under these Terms. Nothing in this clause affects anyone's rights under the Australian Consumer Law, and nothing in it makes a Recipient responsible for more than a court would ordinarily hold it responsible for.

17. Suspension and termination

17.1 The Operator may suspend or terminate an account if the account holder breaches these Terms, if the law requires it, or if the Operator reasonably considers it necessary to protect Donors, Recipients or the Platform. Any suspension or termination will be proportionate to the circumstances.

17.2 Except in serious cases, the Operator will give notice of a suspension or termination and the reason for it, and where the breach can be put right, a reasonable opportunity to put it right before a termination takes effect. Serious cases are those involving fraud, unlawful solicitation, risks to any person, or circumstances where the law prevents notice; in those cases the Operator may act immediately and give such notice and reasons as the law allows.

17.3 On termination: campaigns close; the receipts and financial records the law requires to be kept are retained per the Privacy Policy; and, because portability does not end with the relationship, the Recipient's own contact and giving record remains exportable to it on request (clause 10.2). The export right survives termination.

18. Changes to these Terms

18.1 The Operator may update these Terms. Each version carries a version number and an effective date.

18.2 When a material change is made, the new version will be published on the Platform with advance notice of at least 30 days before it takes effect. A change may take effect sooner only where it is required by law or is urgently needed to address a safety or security risk, and then with as much notice as the circumstances allow. Where a change materially affects a Recipient's rights, the Recipient may close its account and export its records (clause 10.2) before the change takes effect, without penalty; a Donor or visitor who does not accept a change may simply stop using the Platform, and no change reduces anyone's rights in respect of a Gift already made. Continued use after a change takes effect is acceptance of the updated Terms.

18.3 The current version of these Terms is always available on the Platform and is readable without an account.

19. Governing law, jurisdiction and disputes

19.1 These Terms are governed by the laws of New South Wales, Australia. You and the Operator each submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of the Commonwealth of Australia. If you access the Platform from outside Australia, these Terms do not exclude any protection given to you by mandatory consumer laws of the place where you live.

19.2 A dispute should first be raised with the Operator at virgolabs@proton.me; most matters are resolved there.

19.3 If part of these Terms is found invalid or unenforceable, the rest continues in force.

20. General

20.1 These Terms, together with the Privacy Policy, are the whole agreement between you and the Operator about the Platform. This clause does not exclude any liability for statements that cannot lawfully be excluded, including liability under the Australian Consumer Law for misleading or deceptive conduct, and does not affect your statutory rights.

20.2 A failure by the Operator to enforce a provision is not a waiver of it.

20.3 You may not assign your rights under these Terms. The Operator may assign or novate its rights and obligations under these Terms: (a) to Everflame Fundraising Pty Ltd on that company's incorporation, as stated in the Operator section at the head of these Terms; or (b) otherwise as part of a restructure, sale or transfer of the Platform — in each case only where your rights under these Terms are not materially reduced as a result. Notice of an assignment or novation will be published on the Platform, and the current Operator is always named in the version of these Terms published there. If you do not wish to continue with the new operator, you may stop using the Platform, and a Recipient may close its account and export its records (clause 10.2); nothing in a transfer affects anyone's rights in respect of a Gift already made or a record the law requires to be kept.

20.4 Contact for everything under these Terms, including gift corrections, donor-wall changes, account security, privacy and complaints: virgolabs@proton.me. Every route appears here rather than by reference elsewhere.

Terms of Service 1.0. Published by VirgoLabs (ABN 62 345 335 476) at www.everflamefundraising.com.au/terms.

Operator and shared facts

The facts referenced above — the Operator, the governing-law state, the defined terms, the third-party recipients of data, and the retention periods — are set out here so this page is self-contained.

A. The Operator

Until Everflame Fundraising Pty Ltd is incorporated, the Operator is VirgoLabs (ABN 62 345 335 476), of New South Wales, Australia. On its incorporation the Operator will be Everflame Fundraising Pty Ltd (ACN [to be inserted on incorporation], ABN [to be inserted on incorporation]), an Australian company registered under the Corporations Act 2001 (Cth) — a national scheme administered Commonwealth-wide by the Australian Securities and Investments Commission — with its registered office in New South Wales. On that incorporation the Operator's rights and obligations under these documents will be assigned or novated to that company under the Terms' assignment clause (clause 20.3), notice will be published on the platform, and these documents will be updated to name it.

"Everflame" and "Everflame Fundraising" name the software and service (the product brand); the Operator identified above is the legal person behind it. The platform's website is www.everflamefundraising.com.au.

Contact for everything — privacy requests, gift corrections, donor-wall changes, account security, complaints, and general enquiries: virgolabs@proton.me. The contact mailbox is hosted by Proton AG in Switzerland.

B. Governing law and jurisdiction

The governing law is that of New South Wales, Australia, following from the Operator's principal place of business, and the courts of New South Wales and of the Commonwealth of Australia have non-exclusive jurisdiction. Nothing in either document excludes a protection given by the mandatory consumer laws of the place where you live.

C. Defined terms (authored once; used by both documents)

• the Platform / Everflame — the Everflame fundraising software and service at

www.everflamefundraising.com.au.

• the Operator — the legal person identified in §A that runs the Platform: VirgoLabs

(ABN 62 345 335 476) until Everflame Fundraising Pty Ltd is incorporated, and that company after.

• Recipient / Organisation — an entity that receives Gifts through the Platform (a non-charitable

not-for-profit, a registered charity, a deductible-gift-endorsed entity, or an administering body).

• Donor / Supporter / "you" — a person who gives, pledges, enquires, books a call, or holds an

account.

• Gift — a voluntary payment made to a Recipient through the Platform.
• Pledge — an all-or-nothing giving commitment, live in the live view (Terms clause 3A): a Donor's

card is tokenised at commitment and charged only by the Recipient's own deliberate act if the campaign's goal is reached; charging and release are not currently automated.

• Payment Provider — the compliant third-party payment processor that holds card data and moves

funds (Stripe; §D).

• Personal Information — has the meaning given by the Privacy Act 1988 (Cth), quoted in the

Privacy Policy, Part A.

D. Third-party recipients of data (service providers)

These are the third parties that process data so the Platform can operate. The Platform does not sell, rent, or mine Personal Information; these are service providers under the Platform's instructions.

E. Retention positions

Receipts, Gift records, ledger entries and the append-only audit record are records the law requires to be kept. The Operator's adopted positions:

An erasure request never overrides a retention duty, and no retention duty is ever used as a reason to keep contact data that can lawfully be erased.