WAIVER RELEASE & INDEMNITY.

TINSHAKE MANAGEMENT PTY LTD

ACN: 620 133 726

You acknowledge that:

1. You have been provided with the Terms and Conditions, Privacy Policy and Costs Disclosure, which includes a Waiver, Release and Indemnity.
2. You have had an opportunity to read and review the Documents, and understand the nature and effect of the Documents and any rights, obligations and liabilities referred to within the Documents.
3. We recommended that you obtain legal advice and financial advice with respect to the obligations and ramifications of entering into the Documents and use of the App.
4. You have the opportunity to obtain independent advice, but have chosen not to take independent legal advice or financial advice pursuant to clause 3, as you consider it unnecessary.
5. You have made my own enquiries, and enter into these Documents (through use of the App) to which you are a party voluntarily. You know that you can refuse any of the terms and conditions within the Documents by not proceeding with your use of the App.

Please read the following carefully:
 
  This application (App) is operated by Tinshake Pty Ltd ABN 81 618 739 781, under licence from to Tinshake Management Pty Ltd, thereinafter referred to as “Tinshake®”, “we”, “our” and “us”. The term “you” refers to the Member or viewer of this App.

The following terms and conditions of use, and our Privacy Policy (collectively Terms of Use) apply to your use of the Tinshake® app, and any other application or mobile application and any other service platform made available by us for your use (the App). Your use of the app is deemed to be your conclusive acceptance of the Terms of Use and agreement to be bound by them.

Validity and Satisfaction of Terms of Use: Tinshake® accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond Tinshake® ’s reasonable control. If any of these Terms of Use are held to be invalid, unenforceable, or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

Modification of these Terms of Use: We reserve the right, at our discretion, to modify or remove portions of our Terms of Use at any time and such modification shall be effective immediately upon web posting of the modified Terms of Use. Your continued use of the App shall be deemed to be your conclusive acceptance of the modified Terms of Use.

What we do: Tinshake® operates and maintains the App as a platform for Members to create, share and manage raising funds towards a shared cause. Through Campaigns, a selection of interactive features carried out by you and your peers encourage Members to contribute to their Campaigns.

Campaigns are not charities to which you can make tax-deductible Gifts or donations, but the App enables the Campaign Owner to choose to pledge to donate all or part of the proceeds from your Campaign to charities or causes of their choice. Tinshake® does not hold a Collections Licence and is not a Registered Charity, it is the Campaign Owner’s responsibility to deem necessary to obtain a Collections Licence.

Each Campaign is overseen, managed, and administrated by the initiating Member who becomes the Campaign Owner. The Campaign Owner is the owner of the Bank Account in which Campaign Funds are transferred to. Members of the Campaign agree that the funds are sent to the Campaign Owner’s Bank Account as a Personal Gift.
 https://community.ato.gov.au/t5/Tax/Tax-on-gifts-and-inheritances/ta-p/148318.

Through consent provided by the Campaign Owner, utilising consent driven digital data capture and Basiq’s API, Campaign Members will receive and view Account Balances and all transactions that take place in the Campaign Owner’s Bank Account linked to the Campaign. The Campaign Owner’s Bank Account balances and transactions are shared with Campaign Members when the Campaign Owner has subscribed to the Tinshake® Tinledger feature. Tinshake® obtains consent for you as the Campaign Owner to read only the nominated Bank Account for as long as the Campaign is active on Tinshake® and includes the following:

(a)  Profile information

(b)  Balance

(c)  Transactions

(d)  Direct Debits

Campaign Members: Tinshake® has no control of information provided by, or the conduct of our Members and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. All funds you transfer to a Campaign Owner are at your own risk.

Tinshake® is not responsible for any rewards, promotions, offers or promises made by a Campaign Owner such conduct violates these Terms of Service. We do not and cannot verify the information that Campaign Owners provide, nor do we represent or guarantee that the Campaign’s funds will be used as prescribed by a Campaign Owner or in accordance with applicable laws.

What Campaign Owners do: Campaign Owners are responsible for their Campaign fund and enter into an agreement with each Member who can gift to their Campaign (Campaign Member) to use their Gift for the purposes set out on the Campaign page and the outline description. Campaign Owners shall be and remain responsible for reporting and administrating Campaign content and must assist Tinshake® to identify and remove any inappropriate content and the Members responsible for it.  Campaign Owners are responsible for ensuring that Campaign Members and followers adhere to these Terms of Use and have the power to remove Members, including Campaign Participants, from their Campaigns. Campaign Owners have the ability to remove / Delete any and all actions and Members from their campaign. 

Charity License: Tinshake® is not a charity and does not hold a charitable collections licence. Campaign funds personally pledged by the Campaign Owner from their Bank Account to a Charity are done in agreement between the Campaign Owner and the Charity. It is the Members responsibility to conduct their own investigation on the Campaign Owner’s stated and ensure they are registered https://www.acnc.gov.au/charity and hold the fundraising licences and regulatory approvals required to accept such funds. If your Campaign is for a charitable cause or purpose (as defined by the laws applicable in any state or territory in Australia) then you are not permitted to fundraise using the App unless and until you obtain the necessary licenses to conduct a fundraising activity and supply them to us. Until such time your Campaign is in breach of the Terms of Use and will be suspended as soon as this unlawful use is identified. 

No endorsement of the Charity: The presence of information about or links to a Charity on the App does not indicate an endorsement by Tinshake® or the Charity. Tinshake® does not accept any responsibility for your Charity Pledge selection or the use of any Contribution by the Charity.

No endorsement of Campaigns, Campaign Owners: The presence of a Campaign on the App does not indicate an endorsement by Tinshake® or the Campaign or the Campaign Owner, the content and opinions incorporated in the Campaign’s landing page and content upon the App, or the fundraising activity promoted by it, the Campaign Owner or any related Groups or Members. It is your responsibility to check that you are Gifting to the Campaign that you intend, that you trust the Campaign Owner and that you support the Campaign Owner’s use of the funds. Tinshake® does not accept any responsibility for your Campaign selection or the use of any gifted funds by the Campaign Owner.

No endorsement of Groups or Group landing pages: The presence of a Group on the App does not indicate an endorsement by Tinshake® of the Group or its Campaigns. It is your responsibility to check that the Group is bona fide and that it represents and is run by or on behalf of the persons whom it claims to be affiliated with. Tinshake® does not accept any responsibility for your membership within any Campaign or a Group.

Usage of the App as a Campaign Member: All transactions completed or accepted are at your own risk. It is your responsibility to undertake due diligence on the Campaign Owner in each Campaign you choose to join and your responsibility to understand how the money gifted to the Campaign Owner will be used. A Member can report Campaigns and Member Content through the report functions.

Application: Tinshake® does not guarantee that the App will be free from viruses, or that access to the App will not be uninterrupted. Tinshake® application includes, but is not limited to:

(a)           Tinshake® iOS

(b)           Tinshake® Android

(c)           www.Tinshake.com

Warranties: You warrant that all information provided by you to Tinshake®, including on any Group, Personal and Campaign page and content:

(d) is true and correct.

(e) is not misleading or deceptive, defamatory or obscene.

(f) does not infringe a third party's intellectual property rights; and

(g) can be lawfully published by Tinshake®.

You agree to indemnify, defend and keep Tinshake® indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.

Campaign Owner Warranties: By choosing to become a Campaign Owner you warrant that in addition to the Member Warranties, you will:

(a) use the App lawfully.

(b) ensure that the content of the App and any Campaign under your administration is complete and accurate and is not illegal, false, misleading, deceptive, defamatory or obscene.

(c) actively assist Tinshake® and any government agency or law enforcement organisation to investigate, identify and remove any content which offends these Terms of Use.

(d) in the event your Campaign is suspended or removed from the App, ensure that Campaign participants are reimbursed.

(e) Ensure the funds raised in your campaign are used as per your campaign description

(f) actively monitor your Campaign page and related posts and actions to detect and report any conduct by Members which contravenes these Terms of Use; and

(g) indemnify, defend and keep Tinshake® indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties

Member Content: Please be advised that Member Content and Other Information, solicited or unsolicited, that you provide to Tinshake® may be publicly accessible, such as information you post in forums, comment sections or in response to information requests we may send out. By sending us Information you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Other Information; you agree that creating a Tinshake® Group (Public) or Campaign Page and uploading content you hereby agree and consent to give Tinshake® the submitted name(s), trademark(s), brand(s), livery, photograph(s), video(s), ideas, designs, comment(s) and other accompanying materials (collectively, Member Content) unrestricted use for advertising, marketing, promotion and other commercial and business purposes in accordance with these Terms of Use.  The use of this information shall survive any termination of your Membership or the App. When using the ‘Private’ Campaign feature, Tinshake® will not use photograph(s), video(s), comment(s) and other accompanying materials residing in a Private Campaign (collectively, Member Content) for advertising, marketing, promotion and other commercial and business purposes.

By uploading Member Content to the app, you represent and warrant to Tinshake® that:

(a) you are of at least 18 years of age

(b) you own all rights in the Member Content or otherwise have the right to submit the Member Content to Tinshake®

(c) the Member Content does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, publicity or privacy)

(d) any persons identified in the Member Content have consented to the submission of the Member Content on the Page and further use of the Member Content as contemplated herein;

(e) and Tinshake® ’s use of the Member Content in the manner contemplated above and the rights and licenses granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorisation from any third party is required in connection with such use. You hereby agree to defend, indemnify, and hold harmless Tinshake® from and against any and losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties.; The publication, possession and viewing of the Member Content does not violate any written laws or regulations; and

(f) Tinshake® may immediately and without notice to you remove any Member Content which offends these warranties, including by prohibiting, removing or re-allocating any name, brand, trademark or livery, in its absolute discretion.

(g) Trademarking – ownership of groups – as Groups are unique, they must be owned by the relevant body under international trademark law. Tinshake® reserves the right without notice to remove and reissue group ownership.

You hereby waive, release and forever discharge Tinshake® and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the Member Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, mental or physical harm or injury (including death), defamation, libel, slander, commercial use of name or likeness and the right of publicity.

Data Retention: You acknowledge that Tinshake® has no obligation to you to retain data residing in our App. You acknowledge that Tinshake® reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.  

Application Usage: You must not use the Tinshake® application to facilitate or participate in any illegal activity or engage in any activity that Tinshake®, in its absolute discretion, considers to be inappropriate. You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the App or any other applications. You must not attempt to bypass the network firewall and you must not use any part of the app which you are not authorised to use or devise ways to circumvent security to access part of the app which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access. Tinshake® reserves the right to immediately and indefinitely restrict your access to the App in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviour.

Complaints: Member Content can be reported through the report option and will advise the Campaign owner and any Campaign Manages. TinChat can also be utilised to report any posts within their Campaigns to the Campaign Owner and any Campaign Managers). Tinshake® will be contactable at support@Tinshake.com or any recurring problems. Tinshake® will make all necessary effort to respond to support request within 48 hours from submission.

IF YOU DO NOT KNOW OR TRUST THE CAMPAIGN OWNER YOU SHOULD NOT CONTRIBUTE TO THEIR CAMPAIGN.

 Know Your Campaign Owner (KYCO): When joining a Campaign, it is your responsibility to know and trust the Campaign Owner to spend funds raised by the Campaign as set out and agreed to in the Campaign Description. Tinshake® merely provides the technology to allow funds to be transferred from Members to a Campaign Owners Bank Account. By using the App, you understand and agree that Tinshake® shall not be responsible for use of funds transferred to a Campaign Owner. When you transfer funds through Tinshake®, it is your responsibility to understand how money gifted to the Campaign Owner will be used.

The Campaign Owner directs and controls the Campaign’s fund and controls how any funds raised via the app will be used, including when those amounts will be spent, where they will be spent and what they will be used for. Tinshake® does not control or approve the actions of Campaign Owner and accepts no liability or responsibility for the administration of Campaign Funds.

By Gifting to a Campaign, you are entering into an agreement with the Campaign Owner. We are not a party to your agreement with the Campaign Owner and we do not and cannot verify the information that Campaign Owners supply, nor do we guarantee that your Gifts will be used in accordance with any fundraising purpose prescribed by a Campaign Owner.

Tinshake® do not have or hold any agreement with bank utilised to hold the nominated Campaign Owner’s Funds. Tinshake® is merely a “Smart Ledger” or administrators / facilitators and does not purport to be the agent, broker, financial institution or insurer for any Member.

Members of the Campaign agree that the funds are sent to the Campaign Owner’s Bank Account as a Personal Gift and is at absolute discretion of the Campaign Owner if and when to return any funds provided by you to their Campaign. If the Campaign Owner agrees to return funds, it is at the Campaign Owners absolute discretion how funds are returned to you.

Tinshake® strongly recommends that Members join Campaigns where the Campaign Owner has the Tinledger Subscription enabled.

The existence of the App is not a solicitation of any Campaigns by Tinshake®, and Tinshake® does not engage in any solicitation activities, or consult on the solicitation of Gifts from the public, on behalf of any individual, group or business

You acknowledge that all information and content accessed by you using the App is at your own risk. All content provided by Tinshake® relating to the App is for informational purposes only, and Tinshake does not guarantee the Accuracy, Completeness, Consistency, Timeliness or Validity of any such information or content.

Tinshake® does not guarantee that a Campaign will obtain any of its goals or receive any funds at all as set out by the Campaign Owner. You must make the final judgment as to the value and appropriateness of contributing to any Campaign Owner.

Tinshake® do not endorse any Campaign, Member, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign.

Campaign Owner: You, as the Campaign Owner, represent, warrant, and covenant that:

(a) all information you provide in connection with a Campaign is accurate, complete, and not likely to deceive reasonable Members of Tinshake®;

(b) All Funds transferred by your Campaign Members will be used solely as described in the materials that you post or otherwise provide in your Campaign Description.

(c) If you withdraw your Campaign’s Funds, all funds will be given to and/or spent on behalf of the Campaign Members;

(d) you will not infringe the rights of others;

(e) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures;

(f) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us; and

You authorise Tinshake®, and Tinshake® reserves the right, to provide information relating to your Campaigns Members to law enforcement when assisting in any investigation thereof.

Your responsibility when joining Tinshake®: Onboarding data and certain other information about you are governed by these Terms of Service, including our Privacy Policy. If you are under 18 years of age you are not authorized to use the Services. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, only with the approval of your parent or guardian.

You are required to onboard as a Tinshake® member to access and use the Services. When onboarding to join Tinshake® as a Member, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Tinshake onboarding steps.

Third-party services: Our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors, Open Banking Providers and Identify Verification Partners), where Tinshake® have entered into agreements for the use of their services in our App. You acknowledge and agree that the use of Partner Services are vital to the Services and that we exchange information with such third parties to facilitate the provision of Services as set out in our Privacy Policy.

If Tinshake® or one of Providers discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be suspended and/or terminated with immediate effect and fines may be applied by relevant authorities, which will in all such cases be payable by you.

Tinshake® do not hold any money and our services are a platform; We are not a Financial Broker, we do not hold a Australian financial institutions licence and are not a Financial Institution, Creditor or Charity: Tinshake® utilise Stripe payments as the Payment merchant for the purpose of collecting Campaign payments from Tinshake® Members and sending money to the Campaign Owners bank account as a “Gift”.

The terms of use for our Payment Provider, a copy of which for our current provider are available at https://stripe.com/en-au/legal are incorporated into these Terms of Use and will prevail to the extent of any inconsistency with other provisions in these Terms of Use.

Tinshake® provides several activities and subscriptions that can be purchased by our members through Market Place InApp billing services. These services are provided by the Google and Apple and where any member transacts with Apple are subject to Apple’s terms and conditions -- https://www.apple.com/au/legal/internet-services/itunes/au/terms.html. Any Member that transacts with Google are subject to Google’s Terms and Conditions - https://play.google.com/about/play-terms/.

Tinshake® utilise Veriff Identity Verification solutions to verify a Campaign Owner’s identity and any Campaign Owner or Member where this feature is used are subject to Veriff’s terms and conditions https://www.veriff.com/static/documents/General-Terms-of-Service-for-Veriff-Station.pdf. Veriff will capture your full name and photo against a choice of valid ID documents. Veriff will also capture your selfie and carry out check your identity against Anti Money Laundering (AML). You agree when serving in the role of Campaign Owner for Tinshake® to provide your full name and photo as captured by Veriff’s Online Identity Verification on your Tinshake Profile, which is viewable by all Members of Tinshake®.

Tinshake® use Basiq’s  platform, when a Campaign Owner elects to subscribe to the Tinshake® Smart Ledger Feature, Tinledger, they and their Members are subject to Basiq’s terms and conditions https://docs.basiq.io/en/articles/415750-basiq-terms-of-service. Basiq is an Accredited Data Recipient (ADR) and uses a consent-driven secure framework to share your Campaign banking data to all its the Members. Information that Tinledger's consent driven digital data capture shares includes categories such as Account, Balance and Transaction details. Both Basiq and Tinshake® will delete your personally identifiable data once your consent expires.
 https://docs.basiq.io/en/articles/5088017-consumer-data-right-cdr-policy.
 
Tinshake® allows a Campaign Owner to cancel the Tinledger Subscription at any time revoking your consent and remove data immediately from Basiq and the Tinshake® App. If the Tinledger subscription is cancelled before the end of its term, you agree to forfeit any remaining term and or right to refund.

The Tinshake® App can utilise Google Maps feature which is subject to Google Maps/Google Earth. Terms of Service at https://maps.google.com/help/terms_maps.html; and Google Privacy Policy at https://www.google.com/policies/privacy/ .

Tinshake® uses Amazon Cognito for sign-in management to our App, the sign feature is subject to Amazon’s Cognito terms and conditions at https://aws.amazon.com/cognito/sla/ 
 
 

Tinshake reserves the right to amend and update any of the terms and conditions contained within this Document or any other Document from time to time at its discretion.