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Terms & Conditions

Give Kindly is not a charity, it is a company with a charity focused mission. As such Give Kindly can retain profits, and operate as a Pty Ltd company without disruption. Give Kindly commits to the distribution of 10% of its retained profits to charities and charitable causes of their choosing.

Give Kindly's Role: Give Kindly provides a platform for third-party sellers and buyers to negotiate and complete transactions. Give Kindly is not involved in the actual transaction between Sellers and Buyers. As a Seller, you may list any item on the Site unless it is a prohibited item i.e. illegal or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

The payment gateway will feed into Give Kindly’s accounts directly and will be disbursed to the Vendors on a weekly basis minus the charity component and transaction fees of 1.8% plus $0.30 per transaction. This fee will be constantly negotiated with our merchant provider to reduce costs and we will pass the cost reductions to the vendor. This is to encourage consumers to purchase multiple products without making multiple transactions and this is to ensure Give Kindly can guarantee its commitments to the charity partners for the purpose of the platforms brand and integrity and to maintain consistent effectiveness in selling your products and services online capitalising on our integrity as an ethically responsible firm.

Charity: It is the vendors responsibility to articulate a percentage going to charity from every transaction, it is understood that the higher the percentage the more effective the client value proposition is, but the allocation of the percentage rests solely with the vendor. Vendors will not be able to claim the donations as a business expense as this will be only available to the customers who purchase products or services on the site.

Listing: By putting your products online, it is agreed that the vendor cannot list the same products online elsewhere at a cheaper price, this is to maintain that the consumers are being involved in charity without disadvantaging themselves which is a core proposition for the give Kindly website. All products must be sent out for delivery within 5 business days of consumer purchasing the product.

Give Kindly reserves the right to discontinue and disallow certain products and services being offered on our site. If we believe the product and brand is not a good fit for our firm or there has been an act of bad faith towards our consumers we will cease our dealings immediately, there will be no refund on services rendered.

Pricing: All prices on Give Kindly must be listed as GST inclusive, and all delivery fees also need to be disclosed and pre-determined. All fees regardless of their nature need to be fully disclosed as do all terms relating to the deal PRIOR TO THE PURCHASE.

Delivery charges must be in accordance with standards set by Australia Post, this is to ensure we give real prices to our clients and are not hiding fees within the contracts.

Client Details: Client information and details remain the property of Give Kindly, all relevant information required for the purposes of completing the transaction will be distributed to the vendors. This information will include delivery address, phone number, product sold and clients name. Vendors cannot use or sell client information provided to them by Give Kindly.  If vendor is found to have breached this policy, the vendor’s account will be terminated immediately, there will be no refund on services rendered.

Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Give Kindly (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes

Information Control: We send you communications and notices regarding your transactions and your account on our Site. Our communications do not represent any endorsement, guarantee or legitimisation of your transactions. You are responsible for completing all transactions you participate in (including monitoring the status and complying with all relevant legal obligations). We do not control, endorse or approve the items, information or content provided by other users which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our Site. As user authentication on the Internet is difficult, Give Kindly cannot and does not confirm each user's purported identity and there may be risks in dealing with users on this site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks with international trading and dealing with foreign nationals.

Listing Description: You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

Fraud: Without limiting any other remedies available to Give Kindly at law, in equity or under this Agreement, Give Kindly may, in its sole discretion, suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site. 

Manipulation: Neither you, nor any other users or sellers may manipulate the price of any item, nor may you interfere with other users' items listed for sale.

Restrictions: Your Information (including but not limited to any items listed) must not

    1. be false, inaccurate or misleading;
    2. be fraudulent or involve the sale of counterfeit or stolen items;
    3. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, anti discrimination or trade practices/fair trading laws);
    5. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
    6. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content
    7. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992
    8. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
    9. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
    10. link directly or indirectly to or include descriptions of goods or services that:
      1. are prohibited under this Agreement;
      2. are concurrently listed for sale on a web site other than Give Kindly (this does not prevent linking to or advertising an Give Kindly item from another web site); or 
      3. you do not have a right to link to or include
    11. Furthermore, you may not list any item on our Site (or complete any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation,

LIABILITY LIMIT: IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT GIVE KINDLY AND ALL AFFILIATES AND RELATED ENTITIES OF GIVE KINDLY HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:

  • THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND
  • AUD $100.

No Agency: You and Give Kindly are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Give Kindly policies are intended to:

  • Support government laws and regulations
  • Minimise risks to sellers
  • Provide equal opportunity to all sellers
  • Protect intellectual property rights
  • Provide an enjoyable buying experience
  • Support the values of the Give Kindly Community

Breach of Give Kindly policies can result in a range of actions, including:

  • Listing cancellation
  • Forfeit of Give Kindly fees on cancelled listings
  • Limits on account privileges
  • Decreased visibility in search results
  • Account suspension

 

Prohibited: These items may not be listed on Give Kindly.

Examples of listings that are not allowed include:

  • Items that are illegal or that encourage illegal activity.
  • Items that are racially or ethnically inappropriate.
  • Listings that do not offer an item or service for sale.
  • Services that are illegal, sexual in nature or that violate Give Kindly’s User Agreement.
  • Listings that promote giveaways, random drawings, raffles, or prizes.

Questionable: These items may be listed under certain conditions.

Examples of listings that are not allowed include:

  • Listings of perishable items and do not identify in the item description the measures the seller will take to ensure that the goods are delivered to the buyer safely.
  • Listing artefacts such as Aboriginal and Torres Strait Islander items. Many artefacts and heritage items are protected under federal laws.

 

Potentially infringing:  These items may be in breach of certain copyrights, trademarks, or other rights. Some items are not allowed, even though they may be legal, because they almost always infringe copyright or trademark laws.

Examples of listings that are not allowed include:

  • Listings with counterfeit or bootleg items (counterfeits, replicas and unauthorised copies).
  • Listings that include disclaimers of knowledge of, or responsibility for, the authenticity or legality of the items offered in their listings.

 

Listing practices

Actions that misrepresent items: Misrepresented items result in a poor shopping and finding experience for buyers because their search results show listings in which the buyer may have no interest. These practices also result in an uneven playing field for sellers who do not use these techniques and attract fewer potential buyers.

Examples of listing practices that are not allowed on Give Kindly include:

  • Using brand names or other words inappropriately for the purpose of attracting buyers to a listing (called keyword spamming).
  • Creating titles for listings that do not accurately describe the item for sale.
  • Listing in an inappropriate category.

Listing items that include compilations and informational items that, for example, contain cross category information, are listed outside of the Everything Else, Information Products category, or are combined as bonus items with any other listing.

 

Actions that avoid paying Give Kindly fees: Monthly fees help Give Kindly support both buyers and sellers. Listing practices that avoid fees are unfair to sellers who pay the appropriate Give Kindly fees and may provide a poor buying experience.

Examples of listing practices that are not allowed on Give Kindly include:

  • Offering the opportunity to buy the listed item or other items outside Give Kindly.
  • Offering low item prices but unreasonably high postage or handling charges.
  • Listing an item that requires an additional purchase.
  • Including contact information (e.g., email addresses, domain names, phone numbers) in the listing title, subtitle, item location or images.
  • Listing an item where a seller allows buyers to choose from a selection of different items.

 

Completing the sale: If your item sells successfully, the sale needs to be completed. This includes contacting your buyer, accepting payment and posting the item within 5 business days. If the item is unable to be posted out within 5 business days due to delays, you (the vendor) must inform the customer immediately and keep them up to date as to when they will be receiving their order. 

Examples of actions that are not allowed on Give Kindly:

  • Interfering with another member’s transaction
  • Accepting payment and sending an item that is significantly different from the item described in the item listing.
  • Charging buyers an additional fee for their use of ordinary forms of payment including acceptance of cheques, money orders, electronic transfers or credit cards.

 

Refund/Return Policy: The Australian Consumer Law provides basic rights for consumers to return goods that they have bought, including if they are faulty, doesn’t match the item description, doesn’t perform as expected or are of unacceptable quality.

Where goods fall into one of the above categories, and the buyer has not caused or contributed to the failure (for example, by damaging or misusing the goods), a business must provide the buyer with:

  • A replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage; or
  • A replacement or repair if the goods otherwise fail to be of acceptable quality.

You can ask a buyer for proof of purchase and may require that they return the faulty goods to you. You may be required to cover the costs of return postage. 

All vendors selling items or services on Give Kindly have a responsibility to comply with these laws. Should a customer request a refund or return, you are required to respond to your customer in order to resolve the issue as quickly as possible so that the customer does not have a bad shopping experience.

If there has been an act of bad faith towards our consumers by a vendor we will cease our dealings immediately, there will be no refund on services rendered.

 

Severability: The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

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