DigiDonate Business Terms

Parties

DigiDonate: MBGGo Pty Ltd (ABN 49 654 888 712), trading as DigiDonate.

The Business: the business named in Schedule 1, or that accepts these terms online.

Background

• A. DigiDonate runs an online service that helps Australian businesses find DGR-endorsed charities and give to them.
• B. Gifts go directly from the Business to the charity it chooses. DigiDonate never holds or handles them.
• C. These terms cover the Business’s use of the Platform. They are separate from, and don’t affect, any gift the Business makes.
• D. No charity is a party to these terms.

1. Definitions

In these terms:

• ABN means Australian Business Number.
• ACNC means the Australian Charities and Not-for-profits Commission, which keeps the public register of charities.
• AI means artificial intelligence.
• ATO means the Australian Taxation Office.
• Business Day means a day that isn’t a weekend or a public holiday in Melbourne.
• Charity means a DGR-endorsed, ACNC-registered charity shown to the Business on the Platform.
• Listed Charity means a Charity that has signed DigiDonate’s charity agreement.
• DGR means a deductible gift recipient endorsed by the Commissioner of Taxation.
• Gift means a payment of money of $2 or more that the Business makes directly to a Listed Charity, or to its DGR fund, under a Giving Plan.
• GST means the goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Giving Plan means the Business’s statement on the Platform of what it intends to give a Listed Charity. A Giving Plan is not a contract and creates no obligation to give.
• Monthly Update means a Listed Charity’s public monthly report on the Platform, stating what it received and what that money is funding.
• Plan means Find Your Cause, Monthly Giving or Enterprise Giving, described in clause 2.
• Platform means DigiDonate’s website, web app and related online services.
• Posting Guidelines means the guidelines in Schedule 2, as updated under clause 14.
• Reshare Kit means the material DigiDonate prepares for a Monthly Giving Business from a Listed Charity’s Monthly Update, described in clause 3.4.

2. Start, plans and price

2.1 These terms start when the Business accepts them online, or signs them, and continue until they end under clause 11. Submitting a website enquiry form on its own doesn’t accept these terms.

2.2 The Business chooses one Plan:

• Find Your Cause: free.
• Monthly Giving: $249 a month, including GST, month to month, with no lock-in.
• Enterprise Giving: priced and described in a separate written schedule. These terms apply to it unless that schedule says otherwise.

All prices include GST.

2.3 The price of a Plan, and the service it includes, never depend on or change with whether the Business gives or how much. Nothing extra is offered for bigger gifts.

2.4 DigiDonate charges Monthly Giving monthly in advance, by card through its payment provider or by invoice, separately from any Gift. Each invoice is due within 14 days.

2.5 The Business can move between Plans at any time. A move up takes effect straight away. A move from Monthly Giving to Find Your Cause takes effect at the end of the current billing month.

2.6 Fees aren’t refunded for part of a month, except under clause 14.4 or where the law requires.

3. What DigiDonate provides

3.1 On Find Your Cause, DigiDonate provides:

• three to five DGR-endorsed charities matched to the cause and area the Business picks, with each one’s DGR endorsement and ACNC registration checked on every match;
• a fresh set of matches on request;
• the monthly giving tips email, if the Business opts in;
• the “How to talk about your giving” guide; and
• a sample Reshare Kit.

3.2 On Monthly Giving, DigiDonate also provides:

• onboarding of the Business’s chosen Listed Charity;
• Giving Plan set-up and payment reminders on the Business’s chosen schedule;
• checks of the Charity’s DGR endorsement and ACNC registration before every payment is due and before every Monthly Update;
• follow-up of the Charity’s Monthly Update;
• the monthly Reshare Kit, with a staff version;
• one short video script each month, under clause 3.4;
• a receipt vault holding the receipts the Charity issues;
• a monthly giving report, a yearly giving calendar and a year-end giving summary for the Business’s accountant; and
• rematching handled for the Business.

3.3 Charities shown on Find Your Cause come from public registers and DigiDonate’s own list. A Charity marked “not yet on DigiDonate” hasn’t signed DigiDonate’s charity agreement: the Business may give to it directly on its own, but can set up Monthly Giving only with a Listed Charity.

3.4 The Reshare Kit and the video script are built only from the Listed Charity’s Monthly Update as posted, a link to it, and one factual line about the Business’s Gift. They are never written in the Business’s brand or voice, and never include offers, calls to buy or claims beyond the update.

3.5 DigiDonate will never receive, hold, net, route or pass on any Gift.

3.6 DigiDonate will never publish anything on the Business’s channels or in the Business’s name.

3.7 If a Listed Charity loses its DGR endorsement or ACNC registration, DigiDonate will pause the Giving Plan, tell the Business the same day and offer a rematch.

3.8 DigiDonate doesn’t give tax, legal or financial advice. A DGR check is a check of public registers, not a statement about the Business’s tax position. The Charity issues a receipt for each Gift; whether a Gift is deductible is a matter for the Business and its adviser.

3.9 Every service in clauses 3.1 and 3.2 is available to every Business on the relevant Plan, whether or not it ever gives. No service depends on, or changes with, a Gift.

4. The Giving Plan and Gifts

4.1 A Giving Plan is a statement of intention: what the Business intends to give. It isn’t a contract with the Charity or with DigiDonate. The Business can change, pause or stop it at any time without penalty, and keeps its Plan with DigiDonate unless it chooses to end it.

4.2 Each Gift is a payment of money from the Business’s own account, made directly to the Listed Charity (or its DGR fund) using the payment details shown on the Platform. Each payment is a separate, voluntary gift.

4.3 The Business attaches no conditions to a Gift that benefit itself, and asks the Charity for nothing in return.

4.4 The Charity owns each Gift outright from the moment it receives it, and decides how to use it.

4.5 When the Business makes a payment, it will record the amount and date so DigiDonate can match it with the Charity’s confirmation. It records it on the Platform.

4.6 The Business will pay only to the payment details shown on the Platform. DigiDonate never sends payment details by email. If the Business receives a request to change a Charity’s payment details, it will call DigiDonate before paying.

4.7 The choice of Charity is the Business’s own. DigiDonate doesn’t promise that a Charity will accept, or what a Charity will achieve with a Gift.

4.8 Stopping a Giving Plan doesn’t affect Gifts already made or receipts already issued.

5. What the Charity does, and doesn’t owe the Business

5.1 Under its own agreement with DigiDonate, each Listed Charity confirms payments, issues its own receipts and posts a Monthly Update. Those duties are owed to DigiDonate, not to the Business.

5.2 The Business has no right to demand, chase or enforce anything from a Charity.

5.3 The Charity sees the Business’s name and payments so it can confirm them and issue receipts. If the Business ticks “Show our name”, its name also appears as a plain-text line in the Charity’s standard Monthly Update, the same way as every other supporter’s. If it doesn’t, the line says “a business supporter”.

5.4 Beyond that line, DigiDonate doesn’t promise that a Charity will thank, name or acknowledge the Business.

5.5 If a Monthly Update is late, DigiDonate follows it up with the Charity. The Business isn’t shown that an update is overdue. DigiDonate will tell the Business if a Charity is paused or removed, and offer a rematch.

5.6 DigiDonate may record a cryptographic hash of each Monthly Update on a public blockchain to show it hasn’t been changed. A hash can’t be deleted, but the readable update can be amended on the Platform, for example if the Business withdraws its name, and each amendment is kept as a new version.

6. Talking about your giving

6.1 The Business decides what it says on its own channels. It may reshare a Charity’s Monthly Update exactly as posted, quote it with a link, and add its own words.

6.2 The Posting Guidelines (Schedule 2) are DigiDonate’s advice on talking about giving in a way that keeps it a gift. Posts that use words like “sponsor”, “partner” or “every purchase helps”, or that tie a gift to an offer or to sales, can make a payment look like sponsorship instead of a gift. That can change how the Business’s own gift is treated for tax, and claims tied to sales are covered by consumer law.

6.3 DigiDonate’s Reshare Kit and video script follow the Posting Guidelines. If the Business changes them, the changes are the Business’s own.

6.4 The Business writes the final version of everything it publishes, publishes it from its own accounts, and is responsible for it.

7. If a post goes outside the guidelines

7.1 If DigiDonate sees a post outside the Posting Guidelines, it will let the Business know and explain the risk. What the Business does next is its call.

7.2 The one exception is a post that says something false about DigiDonate or a Charity, such as claiming a Charity endorses, partners with or sponsors the Business. If the Business doesn’t correct it after DigiDonate asks, DigiDonate may stop providing the Reshare Kit and video script, or end these terms under clause 11.2.

7.3 DigiDonate may tell a Charity about a post that misrepresents that Charity.

8. The Business’s information

8.1 The Business will keep its details on the Platform accurate, including its legal name, ABN, contacts and payment records.

8.2 DigiDonate handles personal information under its Privacy Policy. It uses the Business’s information only to run the Platform and prepare the Business’s own reports. It will never sell or pool that information, and never use the Business’s giving or revenue figures for anything else. It may publish platform-wide totals that don’t identify the Business.

8.3 DigiDonate will give a Charity the Business’s details only with the Business’s permission.

8.4 DigiDonate will never publish the percentage behind a Giving Plan.

8.5 Each party will handle personal information lawfully, including under the Privacy Act 1988 (Cth) where it applies.

8.6 DigiDonate sends the Business service emails about its Plan. It sends the tips email and other marketing only with the Business’s consent, and every one has an unsubscribe link.

8.7 If a referral partner introduced the Business, DigiDonate may pay that partner a share of DigiDonate’s own fee. It doesn’t change the Business’s price or any Gift. DigiDonate tells the partner whether the Business is on Monthly Giving, but never what it gives or to whom.

8.8 A Monthly Giving Business can download its receipts and giving summaries at any time.

9. Content DigiDonate drafts

9.1 Any line, post or script DigiDonate drafts for the Business is a suggestion. The Business reviews it and decides whether to use it.

9.2 DigiDonate builds content for the Business only from public information (a Charity’s published Monthly Update) and the Business’s own information. It never uses anything a Charity supplied privately.

9.3 Figures in anything DigiDonate drafts come from confirmed payment records, never from the AI.

9.4 DigiDonate uses AI tools and third-party script tools to draft content. They work only from the material in clause 9.2.

10. Names, logos and ownership

10.1 DigiDonate owns the Platform, its templates and its tools.

10.2 The Business keeps ownership of its own name, logo and content. It lets DigiDonate show its name on its profile and, if it ticked “Show our name”, in Charities’ Monthly Updates.

10.3 These terms give the Business no right to use any Charity’s name or logo. Like anyone else, the Business may share a link to a Monthly Update or reshare it exactly as posted.

10.4 DigiDonate will name the Business as a DigiDonate customer, or use its giving in DigiDonate’s own marketing, only with the Business’s written approval.

11. Ending these terms

11.1 The Business can leave Monthly Giving, or close its account, at any time. Monthly Giving ends at the end of the current billing month, and the Business stops receiving that Plan’s services then. Its account moves to Find Your Cause unless it closes it.

11.2 DigiDonate can close the Business’s account on 14 days’ notice for any reason, or straight away if the Business seriously breaches these terms, for example by publishing misleading claims about its giving or not paying an invoice within 30 days of its due date.

11.3 When these terms end:

• the Business’s Giving Plans end;
• Gifts already made and receipts already issued are unaffected;
• the Business can download its records for 90 days; and
• any public record entries for past Monthly Updates remain.

12. Liability

12.1 DigiDonate will provide the Platform with due care and skill. Nothing in these terms excludes a right that can’t be excluded under the Australian Consumer Law.

12.2 DigiDonate isn’t responsible for how a Charity uses a Gift, for a Charity’s own statements, for the tax treatment of any Gift, or for anything the Business publishes.

12.3 Neither party is liable to the other for indirect or consequential loss. DigiDonate’s total liability to the Business under these terms is limited to the fees the Business paid in the 12 months before the claim arose, except where the law doesn’t allow a limit.

12.4 The Business indemnifies DigiDonate against any claim, loss, liability, cost or expense, including reasonable legal costs, arising from:

• (a) anything the Business publishes, including any post or video;
• (b) any false or misleading statement by the Business about its giving or about a Charity;
• (c) a breach of these terms by the Business;
• (d) the Business’s tax position, including any deduction it claims for a Gift;
• (e) content the Business supplies, including any claim that it infringes someone’s rights;
• (f) the Business’s own communications to its customers, staff or anyone else, including under spam and privacy laws; or
• (g) fraud, dishonesty, negligence or a breach of the law by the Business or its people.

12.5 The Business’s liability under clause 12.4 is reduced to the extent that DigiDonate, or its people, caused or contributed to the loss.

12.6 DigiDonate will tell the Business promptly about any claim covered by clause 12.4, take reasonable steps to reduce its loss, and not settle a third-party claim without the Business’s consent, which the Business won’t unreasonably withhold.

13. No rights for Charities

13.1 No Charity is a party to these terms. Nothing in them gives a Charity a right it can enforce, including any right to a Gift.

13.2 These terms don’t create a partnership, joint venture, agency or employment relationship. DigiDonate is an independent platform: it isn’t the Business’s agent, and it isn’t a Charity’s agent or fundraiser.

14. Changes to these terms

14.1 DigiDonate may change these terms, including the Posting Guidelines, by giving the Business 30 days’ written notice. If the Business doesn’t accept a change, it may end these terms before the change takes effect.

14.2 DigiDonate will give 30 days’ notice of any price change. No price change will ever be linked to how much a Business gives.

14.3 These terms cover the services in clause 3 only. Any new service, such as customer donation campaigns, events, sponsorship products or payment processing, will apply to the Business only if it agrees to separate terms or a service schedule for it.

14.4 If a law, a regulator or an ATO ruling requires DigiDonate to change how the Platform works, DigiDonate may make that change with as much notice as is practical. If the Business doesn’t accept the change, it may end these terms straight away and get a pro-rata refund of any prepaid fees.

14.5 Each party will reasonably cooperate with any ATO ruling application or regulator inquiry about the arrangements in these terms. DigiDonate will name the Business in a ruling application only with its written agreement.

15. General

15.1 Notices go by email to the contact in Schedule 1 or on the Business’s account, or to another address a party gives in writing.

15.2 If a dispute arises, the parties will first try to resolve it by talking. If that fails within 30 days, either party may refer it to mediation before starting court action.

15.3 These terms are governed by the laws of Victoria, and the parties submit to the jurisdiction of the courts of Victoria.

15.4 These terms are the whole agreement between the parties about their subject matter.

15.5 They may be accepted online, or signed electronically and in counterparts.

15.6 DigiDonate may transfer these terms to a related company, or to a buyer of all or part of its business, by notice to the Business. The Business may transfer them only with DigiDonate’s written consent.

15.7 The Platform’s records of payments, confirmations and notices are evidence of what they show, unless shown to be wrong.

15.8 DigiDonate uses third-party providers, such as hosting, payment, e-signature and email services, and isn’t responsible for their outages beyond what it could reasonably prevent.

15.9 Clauses 8, 10, 12 and 13 continue after these terms end.

Schedule 1: Business details and plan

Schedule 2: Posting Guidelines

This is advice, not a rule. It’s how to talk about your giving so it stays a gift.

What we recommend:

• Reshare the charity’s update exactly as posted, or quote it word for word with a link.
• Talk about giving in the past tense, with amounts that match the confirmed records.
• Use “we gave” or “we support”, and the charity’s own words for impact (“is helping fund” until the work is done).
• Post only after the charity has confirmed the payment and its update is public.

What to avoid, because it can make a gift look like sponsorship:

• Saying “every purchase helps”, “a % of every sale”, “partner”, “sponsor”, “endorsed by” or “tax-deductible”.
• Putting an offer, discount or promotion in the same post or video.
• Using the charity’s logo, except inside its own update reshared as posted.
• Promising future giving, or publish an ongoing commitment such as “We give 1% of our revenue”.
• Rewriting the charity’s update into your own marketing copy.

Lines you can use as they are:

1. In [month] we gave $[amount] to [Charity]. It’s helping fund [impact, in the charity’s words]. See their update: [link]
2. We gave $[amount] to [Charity] in [month]. See their update: [link]
3. So far this year we’ve given $[total] to [Charity]. Here’s what it’s funding: [link] (use sparingly: a running total can read as an ongoing programme of support)
4. For staff: In [month] we gave $[amount] to [Charity]. Here’s their update on what it’s funding: [link]

Signed (only if not accepted online)