Between Sprinkle ("Sprinkle " or "we" or "us") and the user of the Sprinkle Platform ("you").
1. Introduction
1.1. Welcome to Sprinkle. Sprinkle Platform is operated by Sprinkle Pty Ltd. (ABN 84 666 889 014) of ("Sprinkle " or "we" or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Sprinkle Platform and its associated services.
1.2. Sprinkle allows donors to donate to charities of their choice, from a selection of Nominated Charity/charities in partnership with charity organisation Good2Give. Users may make recurring and/or one-time donations to the Sprinkle/Good2Give Community Fund (SG2GCF) (ABN 75706087297).
1.3. Please read these Terms carefully. If you do not wish to be bound by these Terms, you should not use or access the Sprinkle Platform or its associated services. If you do not understand the Terms or have any questions please contact us at: hello@sprinkle.world
1.4. You agree to be bound by these Terms each time you use the Sprinkle Platform.
1.5. These terms may change or be updated at the discretion of Sprinkle. Sprinkle will post updates to the Terms on the Sprinkle Platform whenever a change or update is made. You must check for updates whenever you access the Sprinkle Platform. The latest version of these Terms will govern any usage by you of the Sprinkle Platform and its associated services from the date we post the revised version.
1.6. Subject to these Terms, your Donation will be distributed from the Sprinkle/Good2Give Community Fund (SG2GCF) by Good2Give to your selected Nominated Charity/Charities.
1.7. To make a Donation you must register to use the Sprinkle Platform, select your Nominated Charity/charities, and nominate an amount to give on a regular or once off basis.
1.8. By confirming your intention to proceed with the Donation, you authorise Sprinkle to charge the amount of the Donation to your credit card or digital wallet (as selected by you) at the intervals you select. Sprinkle allows Donors to save their Credit Card details to support recurring donations. Credit Card details are securely stored by Sprinkle ’s Payment Card Industry (PCI) Compliant payment provider, and are not held by Sprinkle. Sprinkle will use reasonable endeavours to have your Donation processed on the date you nominate or within two Business Days of the nominated date.
1.9. If your selected Nominated Charity ceases to exist, Sprinkle will use reasonable endeavours to inform you and assist you in nominating an alternative Charity. However Sprinkle cannot guarantee that we will always be able to accommodate your alternative Nominated Charity.
1.10. Making a Donation in favour of a Charity does not entitle you to any interest in, or benefit from a Charity.
1.11. Charities may refund or refuse to accept Donations from Sprinkle at any time at their discretion and for any reason.
2. Payment Policy – Donations
2.1. Donations are made immediately via Stripe and will default to monthly recurring Donations unless payments are cancelled or paused by the User.
2.2. Recurring Donations can be cancelled or amended through the Sprinkle Platform up until the Business Day prior to the scheduled processing date, after which time they cannot be cancelled or amended.
2.3. Pay Now Donations cannot be cancelled or amended once entered on the Sprinkle Platform.
2.4. Any Donation made through the Sprinkle Platform by a User entering that user’s credit card details is final and not disputable. To the fullest extent permitted by law, you agree that payment of any Donation to Sprinkle constitutes an absolute transfer and is not returnable to you.
2.5. Sprinkle will review and consider requests for refunds in certain circumstances to ensure that genuine errors are corrected, however Sprinkle is under no obligation to give refunds and any decision on whether to provide a refund will be at Sprinkle’s sole discretion. If you need to request a refund you must provide details of how you made the Donation, the amount, date, and circumstances justifying your request, and confirming that you have not initiated a dispute process with your bank or credit card provider in relation to the same transaction.
2.6. Without limiting the terms or scope of our discretion, Sprinkle: (a) will refund where an error was made by Sprinkle (b) may refund if there are exceptional circumstance
3. Administration Costs
3.1. Registering on the Sprinkle Platform is free. When you donate to a Nominated Charity, the Sprinkle Platform applies an 8% administration cost for processing the Donation, which includes Good2Give’s administration cost for remitting funds to Nominated Charities, and the transaction fee to payment provider Stripe.
3.2. Donations made via the Sprinkle Platform will be deductible for tax purposes as all Donations will be received by Sprinkle/Good2Give Community Fund (SG2GCF) (ABN 75706087297), as Good2Give is endorsed by the ATO as a Deductible Gift Recipient (DGR).
3.3. Within 28 Business Days of the end of each financial year, Sprinkle will provide you by email, with a tax receipt for all your Donations made through the Sprinkle Platform in the previous financial year. Please note that, for legal reasons, this receipt will be in the name of Sprinkle as trustee of the Sprinkle/Good2Give Community Fund (SG2GCF) (ABN75706087297), rather than your Nominated Charity or Charities. You should keep all payment summaries, confirmations, and tax receipts safe as they are evidence of your Donations, and you may need them for your tax return.
3.4. It is your sole responsibility to determine the taxation consequences, if any, of making a Donation.
4. Use of Sprinkle
4.1. You must register with Sprinkle and create a user profile in order to be able to make a Donation.
4.2. You must be 13 years or older to register with Sprinkle and to use its associated services. If you are under 18, you must have your parent or guardian's permission to register with Sprinkle and use its associated services.
4.3. You must provide accurate, complete, and current information when you register with Sprinkle and must keep this up to date.
4.4. It is your responsibility to ensure the safety and security of your Sprinkle user account. You must not tell anyone the password to your account or allow any other person to access it. You must take care not to leave your password and user account details where someone else could find them. You are responsible for all activity that occurs under your user account. You must immediately notify Sprinkle of any unauthorised use of your account or password, or other known account-related security breach.
4.5. Donors making Credit Card Donations may only use a Credit Card that has been issued in their name.
5. Sprinkle Platform licence and Intellectual Property
5.1. Subject to your compliance with these Terms, Sprinkle grants you a revocable, non-exclusive, non-sub licensable and non- transferable licence (permission) to access Sprinkle for the purpose of participating. Except as otherwise expressly specified in these Terms, Sprinkle grants you no other rights in respect of Sprinkle.
5.2. All Intellectual Property Rights comprised in, or relating to Sprinkle (including the Sprinkle logo and site design) and the name Sprinkle (together, "Sprinkle IP") belong to Sprinkle or our licensors. Except as expressly stated in this clause 5, nothing in these Terms constitutes a transfer or licence of any Sprinkle IP to you. You must not use Sprinkle IP without the express permission of Sprinkle. Use of Sprinkle IP without permission may be an infringement of third party Intellectual Property Rights and is a serious breach of these Terms, entitling Sprinkle to terminate your user account immediately (without affecting any other rights Sprinkle may have).
5.3. Except to the extent that Platform licable laws (including the Copyright Act 1968 (Cth)) prevent Sprinkle restraining you from doing so, you must not decompile, disassemble, or otherwise attempt to derive any source code or underlying algorithms of any part of Sprinkle, nor copy, transfer, rent, lease, distribute (including, without limitation, communicating to the public), modify, translate, or otherwise create derivative works of any part of Sprinkle.
6. Your Conduct, Representations and warranties
6.1. You represent and warrant to Sprinkle you have the legal capacity and authority to agree to these Terms.
6.2. You agree that you will not take any action in relation to or connection with Sprinkle that: (a) infringes any intellectual property right (including trade secrets), moral right, obligation of confidence, or otherwise breaches the rights of any other person or entity; (b) breaches Platform laws, regulations or relevant industry codes, or is otherwise unlawful, threatening, abusive, harassing, defamatory, obscene, tortious, offensive, or invasive of another's privacy; (c) disrupts, damages, limits, modifies, obtains unauthorised access to or otherwise interfere with the proper function of any security measures, software, hardware, or telecommunications equipment or information of Sprinkle or any third party (including submitting content or executing scripts which contains software viruses, computer codes, files, or programs that are intended to have such an effect); d) is false, misleading, deceptive, or inaccurate, including by misrepresenting your identity or affiliation with any other person or organisation; (e) imposes or may impose (as determined by Sprinkle) an unreasonably large load on Sprinkle ’s or its third-party service providers’ technology infrastructure; or (f) uses manual or automated software, devices, or other processes to "crawl" or "spider" any page of Sprinkle.
7. Suspension and Termination
7.1. Sprinkle reserves in its sole discretion the right, at any time and without notice to: suspend a User account; and/or cancel Donations or pledged Donations (future Donations not yet made) (a) for non-compliance with these Terms, where Sprinkle reasonably considers such action is justified by that non-compliance; (b) in cases where Sprinkle suspects fraud or error; and/or (c) for any other good reason
7.2. Sprinkle may terminate your access to the Sprinkle Platform and/or your user account at any time, without prior notice, where you have materially breached these Terms and Sprinkle reasonably considers such action is justified by your breach.
7.3. If you wish to terminate your User account, you are able to do so on the Sprinkle Platform.
8. Disclaimers and Limitation of Liability
8.1. If you are a consumer, you have certain rights under consumer protection legislation, which cannot be excluded or limited by Sprinkle ("Consumer Rights"). Your Consumer Rights may include statutory guarantees or other non-excludable protections. Nothing in these Terms is intended to exclude, restrict or modify your Consumer Rights. However, to the extent that it is permitted by law to do so: (a) Sprinkle excludes all representations, warranties, guarantees, terms, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in these Terms; and (b) your use of Sprinkle (including, without limitation, all material obtained from or linked to Sprinkle) is at your own risk.
8.2. Subject to your Consumer Rights, to the extent to which Sprinkle is entitled to do so and despite any other provision in these Terms, Sprinkle limits its liability in respect of any claim relating to these Terms and the supply of Sprinkle 's services in connection with Sprinkle to, at Sprinkle 's option: (a) the supply of the affected services again; or (b) the payment of the cost of having the affected services supplied again.
8.3. Sprinkle facilitates Donations to Charities but it is your responsibility to investigate independently and satisfy yourself as to the veracity of a Charity and the truth of any claims on a Charity's listing page, website or in any Charity Communications. If you disagree with how a Charity has used the Donation, you should raise this directly with the Charity, not with Sprinkle.
8.4. Subject to clause 8.1, Sprinkle does not represent, warrant or guarantee: (a) the identity, contact details or bona fides of the Charity, or the accuracy of any statements made on Charity listing pages or in Charity Communications; the feasibility, suitability, or success of a Charity's objects; that the Charity will use the Donation in any particular manner; or (b) that the Charity will use the Donation in any particular manner; nor (c) that the full amount of Donations collected or pledged via Sprinkle will be received in full and without deduction by a Charity in all circumstances (for example, Donations may be reversed where a fraudulent transaction is proven, or may not be collected if your Organisation does not transfer the Donation to Sprinkle).
8.5. To the fullest extent permitted by law and subject to clause 8.1, Sprinkle limits its liability to you for any damages or loss suffered by you (including, without limitation, loss of profits, economic loss, loss of data or for direct, indirect, consequential or incidental loss) and however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) in connection with: (a) any dealing you have with any charity, not-for-profit, entity, organisation or individual who uses Sprinkle; and/or (b) Sprinkle's exercise of its rights under clause 8.6.
8.6. Sprinkle will be liable for any delay in performing or failure to perform any of our obligations under these Terms if that delay or failure is due to an event beyond the affected party's reasonable control (Intervening Event). A party affected by an Intervening Event will be temporarily excused from performing its obligations for the resulting period of delay.
9. General
Sprinkle Community Fund 9.1. You acknowledge that with respect to funds relating to Nominated Charities, Sprinkle may exercise its rights and discharge its responsibilities in its capacity as trustee for the Sprinkle/Good2Give Community Fund (SG2GCF) (ABN 75706087297).
10. Privacy Policy
Sprinkle takes your privacy seriously. Your personal information is held in accordance with the Sprinkle Privacy Policy which is incorporated by reference into these Terms. Please review the Sprinkle Privacy Policy carefully to ensure you understand it before accepting these Terms.
11. Communications
11.1. Sprinkle will not share your personal information with Nominated Charities. You acknowledge and agree that Sprinkle will send you information and communications in connection with your use of Sprinkle, including Charity Communications and Sprinkle Communications.
11.2. Information and communications may be by email, the app or the Sprinkle website. Charity Communications are created by Charities and sent by Sprinkle. Consequently Sprinkle assumes no responsibility for the content of such Charity Communications, only their delivery to you. Please see the Sprinkle Privacy Policy for further information regarding Sprinkle Communications.
11.3. If you have supplied your contact details to a Charity in the past, then that Charity may already have your contact details and may continue to contact you as part of their own marketing efforts. If you wish to remove your contact details in this circumstance you need to contact the Charity directly.
12. Third Party Sites
12.1. The Sprinkle Platform may contain links to third party websites, and third party websites and resources may contain links to the Sprinkle Platform. The inclusion on another website of any link to the Sprinkle Platform does not imply endorsement by, or affiliation with, Sprinkle. When accessing third party websites, you do so at your own risk.
13. Changes to the Sprinkle Platform and these Terms
13.1. Sprinkle reserves the right to modify, suspend or discontinue all or any part of the Sprinkle Platform and its associated services at any time with or without notice. Sprinkle does not guarantee that any Content will be available through the Sprinkle Platform at all or specific times.
13.2. Sprinkle reserves the right to update, amend, or change these Terms at any time and notify you by posting an updated version on the Sprinkle Platform and on Sprinkle’s website.
14. Governing Law
14.1 These Terms are governed by the laws of New South Wales and the parties submit to the non exclusive jurisdiction of the courts of New South Wales.
Glossary of Terms
Business Day means a day other than a Saturday, Sunday, public holiday or bank holiday in New South Wales.
Charity means any organisation for the time being recognised by the Australian Taxation Office or ACNC (Australian Charities and Not-for-profits Commission) or any regulatory body replacing the ACNC as a charity under Platform applicable law.
Charity Communications means information uploaded to the Sprinkle Platform by Charities and sent to Donors via email or the Sprinkle Platform.
Content means all content made available through the Sprinkle Platform including, but not limited to, text, video, audio clips, graphics, photographs, images, artwork, comments, data, software and scripts.
Credit Card means any credit card, debit card, or digital wallet accepted by the Sprinkle Platform.
Donation means the amount you elect to give to one or more Nominated Charities, through the Sprinkle Platform.
Donor means any person registered to donate through the Sprinkle Platform.
Intellectual Property Rights means all rights throughout the world in patents, trademarks (whether registered or not and including without limitation any rights in get up or trade dress), brand names, and service marks , designs, trade or business names, copyrights (including without limitation future copyright and rights in the nature of or analogous to copyright), databases, trade secrets, domain names, inventions, designs, and circuit layouts, and any other intellectual property rights arising by operation of law, contract, license or otherwise, whether or not now existing and whether or not registered or registrable and includes any right to Platform ly for the registration of such rights and includes all renewals, revivals and extensions and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, including all renewals, extensions and revivals of, and all rights to Platform ly for, any of the foregoing rights.
Nominated Charity means any one or more of the Charities listed on the Sprinkle Platform, from time to time.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.
Scheduled Processing Date means the date shown in the Sprinkle Platform that the Donation will be processed.
Sprinkle Communications are communications that may be generated by Sprinkle using content provided by Sprinkle and Charities and sent to Donors by email, via the app or the Sprinkle website.
Sprinkle Platform means the online giving platform owned and operated by Sprinkle.
User means any person registered to donate through the Sprinkle Platform.