Terms and Conditions
This Agreement is entered into between Bolsta Foundation Ltd (ABN 75 641 134 974) and you, the person, organisation or entity described in the Application Form (you or your), together the Parties and each a Party.
1. Acceptance and Term
1.1 You accept this Agreement by confirming that you accept this Agreement via the platforms or applications through which we provide this Agreement to you, including the Bolsta Raffles Platform.
1.2 This Agreement will commence on the Commencement Date and will continue for 12 months, subject to extension (Term). The Term will automatically extend for further subsequent 12 month periods, unless:
(a) either Party provides written notice of termination at least 30 days prior to the end of the then Term; or
(b) the Agreement is otherwise terminated in accordance with its terms.
1.3 If you create an Account and are agreeing to this Agreement on behalf of a not for profit organisation (Not for Profit), then “you” means the Not for Profit and you are binding that Not for Profit to this Agreement (you as an individual represent and warrant that you are authorised by the Not for Profit to do so).
1.4 You agree that you are responsible for the acts and omissions of all Authorised Users (including breaches of this Agreement by Authorised Users), as if those acts and omissions were your own.
2. Bolsta Raffles Platform
2.1 We provide access to the Bolsta Raffles Platform to facilitate the sale of Tickets to Entrants. The Bolsta Raffles Platform will show our branding and will include the ability for an Entrant to select which not for profit he or she wishes to support (including you).
2.2 Subject to your compliance with this Agreement, we grant you (and your Authorised Users) a non-exclusive, non-transferable, non-sublicensable, personal and revocable licence to access and use the Bolsta Raffles Platform for the Term (Licence).
2.3 You must not (and you must ensure that any Authorised Users do not) access or use the Bolsta Raffles Platform except as permitted by the Licence and you must not (and must not permit any other person to) use the Bolsta Raffles Platform in any way which is in breach of any applicable Laws or which infringes any person’s rights, including Intellectual Property Rights and including to;
(a) use the Bolsta Raffles Platform to transmit, publish or communicate material that is, in our opinion, misleading, unlawful, inappropriate, defamatory, offensive, abusive, indecent, menacing or unwanted;
(b) use the Bolsta Raffles Platform in any way that damages, interferes with or interrupts the supply of the Bolsta Raffles Platform;
(c) introduce malicious programs into our hardware and software or systems, including viruses, ransomware, malware, trojan horses and e-mail bombs;
(d) reveal or allow others access to your Account’s password or authentication details or allow others to use your Account or authentication details;
(e) carry out security breaches or disruptions of a network, including accessing data where you are not the intended recipient or logging into a server or Account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
(f) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Bolsta Raffles Platform;
(g) if applicable, send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages, or use the Bolsta Raffles Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”); or
(h) circumvent user authentication or security of the Bolsta Raffles Platform, networks, accounts or hosts or those of our other users.
3.1 As a Not for Profit, you will require an Account, and each of your Authorised Users will also require an Account (which is linked to your Account), in order to use the Bolsta Raffles Platform.
3.2 You are responsible for:
(a) choosing and changing (if you require) the Account privileges of your Authorised Users as set out on the Bolsta Raffles Platform; and
(b) terminating Accounts of your Authorised Users.
3.3 Entrants will purchase Tickets to Raffles through Stripe, our payment processor. You will be required to set up a Stripe account or link your Stripe account (Stripe Account) in order to access the NFP Allocations and will be required to accept the Stripe terms and conditions presented to you upon the creation of your Stripe Account.
3.4 The Stripe Account must be in your name.
4.1 We intend to promote Raffles on the Bolsta Raffles Platform during the Term but we reserve the right to cease conducting Raffles for any reason subject to us notifying you in advance.
4.2 You confirm your authorisation for us to potentially raise funds for you.
4.3 Each Entrant must accept the Entrant Terms and Conditions in order to participate in the Raffle.
4.4 Each Ticket purchased by an Entrant will be entered into the current Raffle or where several Raffles are ongoing, the Raffle chosen by the Entrant.
4.5 We will promote and operate each Raffle in accordance with the Entrant Terms and Conditions and applicable law.
4.6 We will draw the winner(s) of each Raffle in accordance with the Entrant Terms and Conditions for the relevant Raffle.
5. Payment of NFP Allocation
5.1 Once an Entrant has purchased a Ticket, Stripe will pay the NFP Allocation to your Stripe Account. You can view details regarding the Tickets which have been sold in your Account.
5.2 You may initiate a pay out from your Stripe Account to your nominated bank account at the frequency and in the manner allowed by the Stripe terms and conditions. Please note that Stripe may charge a payment processing fee associated with the payout of the NFP Allocation from your Stripe account to your nominated bank account each time a payout is initiated by you. Such charges may affect the frequency you choose to initiate payouts.
5.3 You agree to use the NFP Allocation solely:
(a) in accordance with your constitution or articles of association;
(b) to further your objects and no portion shall be distributed directly or indirectly to your members except as genuine compensation for services rendered or expenses incurred on your behalf; and
(c) for no illegal purposes.
This obligation survives termination or expiry of this Agreement
5.4 If we reasonably suspect that you do not meet the Eligibility Requirements or are not complying with clause 5.3, we may request that Stripe puts a hold on your payouts and if we determine that you do not meet the Eligibility Requirements or have breached clause 5.3, we may reallocate the amounts of any NFP Allocations to another not for profit entity.
5.5 You agree that we may vary the NfP Allocation or amend this Agreement at any time, by providing written notice to you. If you do not agree to the variation or amendment made to the NFP Allocation or this Agreement, you may terminate this Agreement or your participation in a Raffle in accordance with clause 13.1.
6.1 Both Parties agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines including the Spam Act 2003 (Cth) (Privacy Laws) (in your case as if you were an “APP Entity” as defined in the Privacy Act).
6.2 You must only disclose Personal Information, if:
(a) you are authorised by Privacy Laws to collect the Personal Information and to use or disclose it in the manner required by this Agreement; and
(b) you have informed the individual to whom the Personal Information relates, that it might be necessary to disclose the Personal Information to third parties.
6.3 Both Parties must give all assistance required by the other Party from time to time in relation to compliance by the Party with Privacy Laws, or any investigation, request or enquiry (formal or otherwise) from the Privacy Commissioner regarding that Party’s obligations under this Agreement.
6.4 We may send communications to Entrants of past Raffles on your behalf, inviting them to take part in a current or future Raffle. You acknowledge that we will not be able to send communications to Entrants who have unsubscribed from our emails in the past.
7. Your Obligations and Warranties
7.1 You agree to:
(a) comply with this Agreement, our reasonable requests or requirements, and all applicable Laws; and
(b) provide all assistance, information, documentation, access, facilities, authorities, consents, licences and permissions reasonably necessary to enable us to comply with our obligations under this Agreement or at law.
7.2 You represent, warrant and agree that:
(a) there are no legal restrictions preventing you from entering into this Agreement;
(b) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete;
(c) you have not relied on any representations or warranties made by us in relation to the Raffles or the Bolsta Raffles Platform(including as to whether the Raffles or the Bolsta Raffles Platform are or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement;
(d) you meet the Eligibility Requirements;
(e) you are not and have not been the subject of an Insolvency Event;
(f) you hold a valid ABN which has been advised to us; and
(g) if applicable, you are registered for GST purposes.
8. Intellectual Property
8.1 As between the Parties:
(a) we own all Intellectual Property Rights in Our Materials; and
(b) you own all Intellectual Property Rights in Your Materials, and
(c) nothing in this Agreement constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.
8.2 As between the Parties, ownership of all Intellectual Property Rights in any New Materials or Improvements will at all times vest, or remain vested, in us upon creation. To the extent that ownership of such Intellectual Property Rights in any New Materials and/or Improvements do not automatically vest in us, you agree to do all acts necessary or desirable to assure our title to such rights.
8.3 You grant us a non-exclusive, revocable, worldwide right and licence, for the duration of the Term, to use Your Materials, in connection with this Agreement including in connection with us conducting and promoting the Raffles, our activities relating to the Raffles and our marketing and publicity purposes.
8.4 If you or any of your Personnel have any Moral Rights in any material provided, used or prepared in connection with this Agreement, you agree to (and agree to ensure that your Personnel) consent to our use or infringement of those Moral Rights.
8.5 In the use of any Intellectual Property Rights in connection with this Agreement, you must not (and you must ensure that your Personnel do not) commit any Intellectual Property Breach.
8.6 This clause 8 will survive termination or expiry of this Agreement.
9. Confidential Information
9.1 Each Receiving Party agrees:
(a) not to disclose the Confidential Information of the Disclosing Party to any third party;
(b) to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
(c) to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.
9.2 The obligations in clause 9.1 do not apply to Confidential Information that:
(a) is required to be disclosed in order for the Parties to comply with their obligations under this Agreement;
(b) is authorised to be disclosed by the Disclosing Party;
(c) is in the public domain and/or is no longer confidential, except as a result of a breach of this Agreement; or
(d) must be disclosed by law or by a regulatory authority, including under subpoena.
9.3 Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 9. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 9.
9.4 This clause 9 will survive the termination of this Agreement.
10.1 Despite anything to the contrary, to the maximum extent permitted by law, you are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
(a) any breach by you (or any of your Personnel or Authorised Users) of any provision of this Agreement;
(b) any breach by you of Privacy Laws;
(c) any materials, including Your Materials, supplied, prepared, approved or uploaded by you or by us on your behalf to the Bolsta Raffles Platform; and
(d) you or any of your Personnel infringing the rights of any third party (including Intellectual Property Rights).
11. Exclusions to liability
11.1 To the maximum extent permitted by law including any rights you might have as a consumer under the Australian Consumer Law, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
11.2 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) your or your Personnel’s acts or omissions;
(b) any use or application of the Raffles or the Bolsta Raffles Platform other than as reasonably contemplated by this Agreement;
(c) any fundraising you undertake yourself which does not form part of a Raffle;
(d) any Third Party Inputs;
(e) the Bolsta Raffles Platform being unavailable, or any delay in us providing Raffles, the Bolsta Raffles Platform to you or the NFP Allocation to you, for whatever reason; and/or
(f) any event outside of our reasonable control.
11.3 This clause 11 will survive the termination or expiry of this Agreement.
12. Limitations on liability
12.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) we will not be liable for Consequential Loss;
(b) our liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your Personnel); and
(c) our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to the NfP Allocation for the Tickets sold in respect of you in the 12 months before you first suffered loss or damage arising directly from this Agreement.
12.2 This clause 12 will survive the termination or expiry of this Agreement.
13.1 You may terminate:
(a) your participation in a Raffle at any time as set out in your Account;
(b) any of your Authorised User Accounts; and
(c) your Account and this Agreement at any time through your Account.
13.2 If we reasonably suspect that you are in breach of this Agreement, we may suspend:
(a) your participation in a Raffle;
(b) your access to the Bolsta Raffles Platform; and
(c) the payment (or pay out) of the NfP Allocation.
If you rectify the breach within a reasonable time of our notification to you, we may, at our discretion, recommence your participation in Raffles, your access to the Bolsta Raffles Platform and the payment (and pay-out) of the NfP Allocation.
13.3 We may terminate this Agreement at any time by giving 30 days’ notice in writing to you.
13.4 This Agreement will terminate immediately upon written notice by us if:
(a) you cease to meet the Eligibility Requirements;
(b) you (or any of your Personnel or Authorised Users) breach any provision of this Agreement and that breach has not been remedied within 10 Business Days of being notified by us;
(c) you use the Bolsta Raffles Platform to transmit, publish or communicate material that is, in our reasonable opinion, misleading, unlawful, inappropriate, defamatory, offensive, abusive, indecent, menacing or unwanted;
(d) you breach any applicable law;
(e) we reasonably suspect that the NFP Allocation is not being used in accordance with clause 3;
(f) for any other reason outside our control which has the effect of compromising our ability to provide Raffles or the Bolsta Raffles Platform; or
(g) you are unable to pay your debts as they fall due.
13.5 Upon expiry or termination of this Agreement:
(a) we will immediately cease providing the Raffles in relation to you and the Bolsta Raffles Platform to you;
(b) pursuant to clauses 4(a), (b), (c), (d), (e) or (g), you also agree to pay us our additional costs arising from, or in connection with, such termination;
(c) you agree not to disparage or otherwise make any unfavourable statements or comments regarding us, our Personnel, our clients, either directly or by implication, verbally or in writing; and
(d) you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information, Our Materials, New Materials and our Intellectual Property, and/or documents containing or relating to our Confidential Information, Our Materials, New Materials and our Intellectual Property.
13.6 We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to this Agreement constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of this Agreement.
13.7 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.
13.8 This clause 13 will survive the termination or expiry of this Agreement.
14.1 If GST is payable on any supply made under this Agreement, the recipient of the supply must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under this Agreement and must be paid in addition to the consideration expressed elsewhere in this Agreement, unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.
14.2 If an adjustment event arises in respect of any supply made under this Agreement, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.
14.3 If the recipient is required under this Agreement to pay for or reimburse an expense or outgoing of the supplier, or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.
14.4 The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
14.5 The parties agree that in the event they are both registered for GST, Bolsta Foundation may generate recipient created tax invoices where appropriate.
15.1 Amendment: This Agreement may only be amended by written instrument executed by the Parties.
15.2 Assignment: A Party must not assign or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
15.3 Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.
15.4 Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, this Agreement (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
15.5 Entire agreement: This Agreement contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
15.6 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.
15.7 Force Majeure: We will not be liable for any delay or failure to perform our obligations under this Agreement if such delay is due to any circumstance beyond our reasonable control.
15.8 Governing law: This Agreement is governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
15.9 Notices: Any notice given under this Agreement must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
15.10 Online execution: This Agreement may be executed by means of such third party online document execution service as we nominate subject to such execution being in accordance with the applicable terms and conditions of that document execution service.
15.11 Publicity: You agree that we may advertise or publicise your participation in Raffles, including on the Bolsta Raffles Platform or in our promotional material., including the amounts you have raised through our Raffles.
15.12 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
15.13 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:
Account means your account on the Bolsta Raffles Platform and the accounts of your Authorised Users.
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Agreement means the Application Form and these terms and conditions and any documents attached to, or referred to in, each of them.
Application Form means the online or paper application form you complete to become a participant beneficiary of the Raffles.
Authorised User means a user with an Account linked to your Account.
Bolsta Raffles Platform means our mobile application and our website available at bolsta.co, through which we may provide the Raffles.
Business Day means a day on which banks are open for general banking business in New South Wales, excluding Saturdays, Sundays and public holidays.
Commencement Date means the date this Agreement is accepted in accordance with its terms.
Confidential Information includes information which:
(a) is disclosed to the Receiving Party in connection with this Agreement at any time;
(b) is prepared or produced under or in connection with this Agreement at any time;
(c) relates to the Disclosing Party’s business, assets or affairs; or
(d) relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
Eligibility Requirements means that you must:
(a) be a not for profit;
(b) have an ABN which you have notified to us;
(c) be allowed to fundraise both under applicable law and under your constitution or articles of association; and
(d) hold all licences, consents and permits to permit you to use the Bolsta Raffles Platform and for us to potentially fundraise on your behalf.
Entrant means a person who purchases a Ticket to enter a particular Raffle.
Entrant Terms and Conditions means the terms and conditions of the Raffle available on the Bolsta Raffles Platform and as amended from time to time.
Improvements means any development, modification, adaptation or improvement of Our Materials or any New Materials made by or on behalf of either Party (or any of their respective Personnel), or in respect of which Intellectual Property Rights are acquired by, either Party during the Term.
Insolvency Event means any of the following events or any analogous event:
(a) a Party disposes of the whole or any part of the Party’s assets, operations or business other than in the ordinary course of business;
(b) a Party ceases, or threatens to cease, carrying on business;
(c) a Party is unable to pay the Party’s debts as the debts fall due;
(d) any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Party’s assets, operations or business;
(e) any step is taken for a party to enter into any arrangement or compromise with, or assignment for the benefit of, a Party’s creditors or any class of a Party’s creditors; or
(f) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or any part of a Party’s assets, operations or business.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you (or your Personnel):
(a) copying, altering, enhancing, adapting or modifying any of our Intellectual Property;
(b) creating derivative works from our Intellectual Property;
(c) providing or disclosing our Intellectual Property to, or allowing our Intellectual Property to be used by, any third party;
(d) assigning or transferring any of our Intellectual Property Rights or granting sublicenses of any of our Intellectual Property Rights, except as expressly permitted in this Agreement;
(e) reverse engineering or decompiling any of our Intellectual Property Rights, except where permitted by law; or
(f) using or exploiting our Intellectual Property for purposes other than as expressly stated in this Agreement (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of your or our respective Personnel in connection with this Agreement or the operation or promotion of Raffles, whether before or after the date of this Agreement.
NFP Allocation means the percentage of the sale price of each Ticket, to be allocated to the Not for Profit nominated at the time the Ticket is purchased for a particular Raffle, as set out in Attachment 1. The percentage of the sale price of each Ticket is based on the state or territory in the address that the Entrant provided at the time the relevant Ticket is purchased.
Our Materials means all work, models, processes, technologies, strategies, materials, information, documentation, and services that we may provide to you under this Agreement, and which may contain material which is owned by or licensed to us, and is protected by Australian and international laws and includes the Bolsta Raffles Platform.
Personal Information takes the meaning given to it in the Privacy Act 1988 (Cth).
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Raffles means games of chance promoted by us which Entrants can enter on purchase of a Ticket.
Raffle Period means, in respect of a particular Raffle in connection with you, a period determined by us, which we expect will be not less than one month or more than six months.
Receiving Party means the party receiving Confidential Information from the Disclosing Party.
Ticket means a ticket associated with you constituting a single chance to win a prize.
Third Party Inputs means third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Raffle or the Bolsta Raffles Platform or anything we provide under this Agreement may be contingent on, or impacted by.
Your Materials means all work, models, processes, technologies, strategies, materials, information, documentation and services (including Intellectual Property), logs, trade marks, colours and colour combinations owned, licensed or developed by or on behalf of you or your Personnel before the Commencement Date and/or developed by or on behalf of you or your Personnel independently of this Agreement.
In this Agreement, unless the context otherwise requires:
(a) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
(b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
(c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
(d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
(e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
(f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
(g) a reference to time is to local time in New South Wales; and
(h) a reference to $ or dollars refers to the currency of Australia from time to time.
Attachment 1 – NFP Allocation
|State / Territory
|NFP Allocation (%)
|Australian Capital Territory
|New South Wales
Revision 3 – 8th April 2023