Website Terms and Conditions

1. About these Terms

These Terms and Conditions (“Terms”) apply to your use of:

• raisedover.com;
• your Raised Over account;
• Raised Over courses and educational content;
• downloadable resources; and
• related online features.

Raised Over is operated by Raised Over Pty Ltd ABN 62 645 116 882 (“Raised Over”, “we”, “us” or “our”).

By creating an account, purchasing a subscription, accepting these Terms at checkout or accessing paid Raised Over content, you agree to these Terms.

If you purchase access on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.

2. Definitions

In these Terms:

Account

means an individual or organisational Raised Over account.

Content

means Raised Over’s online courses, lessons, written materials, videos, audio, assessments, quizzes, case studies, templates, guides, downloadable resources and other educational materials.

Customer

means the individual or organisation that purchases a Subscription.

Organisational Account

means an account under which a business, charity, not-for-profit organisation or other entity purchases access for multiple users.

Subscription

means paid access to specified Content for a recurring 12-month period.

User

means an individual who visits the website or accesses Content.

3. Eligibility

You must be at least 18 years old and legally capable of entering into a contract to purchase a Subscription.

A person under 18 may only use Raised Over with the permission and supervision of a parent, guardian, employer or other responsible organisation.

You must provide accurate and current information when creating an Account or making a purchase.

4. Accounts

You are responsible for:

• maintaining the confidentiality of your login details;
• activity conducted through your Account;
• providing accurate account information;
• ensuring your use complies with these Terms; and
• notifying us promptly of suspected unauthorised access.

Accounts and login credentials must not be sold, transferred or shared except as expressly permitted for an Organisational Account.

We may require password resets, identity verification or other reasonable security steps.

5. Organisational Accounts and user seats

An Organisational Account may only provide access to the number of users or seats included in the purchased plan.

The purchasing organisation is responsible for:

• selecting authorised users;
• keeping its user list current;
• removing users who are no longer authorised;
• ensuring its users comply with these Terms; and
• using Content only for the organisation’s internal learning and professional-development purposes.

Unless the relevant plan states otherwise:

• each seat may be assigned to one person at a time;
• login details must not be shared;
• seats may be reassigned when personnel change;
• access must not be provided to another organisation or its personnel; and
• purchasing one seat does not provide organisation-wide access.

We may review account activity where reasonably necessary to verify compliance with purchased user limits.

6. Prices and payment

Prices are displayed in Australian dollars unless stated otherwise.

Unless expressly stated otherwise, displayed prices include GST where GST applies.

Before purchasing, you are responsible for reviewing:

• the Content included;
• the price;
• the number of user seats;
• the initial 12-month Subscription period;
• the automatic-renewal terms; and
• any additional conditions displayed at checkout or in an order form.

You authorise Raised Over and its payment provider to charge your selected payment method for the disclosed amount.

We may correct an obvious pricing, description or technical error.

If an error affects a completed purchase, we will contact you and provide an appropriate remedy, which may include confirming the corrected purchase or issuing a refund.

7. Subscription term and access period

Unless otherwise stated at checkout or in a written order form, each Subscription provides access for an initial period of 12 months.

The initial Subscription period begins on the date:

• payment is completed;
• the Account is activated; or
• another commencement date specified in the order form,

whichever applies to the purchase.

During the paid Subscription period, authorised Users may access the Content included in the purchased plan.

8. Automatic renewal

Subscriptions automatically renew at the end of each 12-month Subscription period for a further 12-month period unless cancelled before the renewal date.

By purchasing a Subscription, you authorise us and our payment provider to charge the applicable renewal fee to your nominated payment method at the beginning of each renewed Subscription period.

We will send a renewal reminder to the primary Account email address before the renewal date.

The reminder will identify:

• the upcoming renewal;
• the expected renewal date;
• the applicable renewal price or where it can be viewed; and
• how to cancel the renewal.

You are responsible for keeping the primary Account email address and payment details current.

Failure to read a properly sent renewal reminder does not by itself prevent renewal.

Nothing in this clause limits any right or remedy that cannot lawfully be excluded.

9. Renewal price changes

We may change the price applying to a future renewal.

We will notify the Customer before the renewal date if the renewal price will increase.

A price change will not affect the current paid Subscription period.

The Customer may cancel the Subscription before renewal if it does not accept the new price.

Continuing the Subscription beyond the renewal date constitutes acceptance of the disclosed renewal price.

10. Cancelling a Subscription

You may cancel automatic renewal at any time before the next renewal date:

• through your Account, where cancellation functionality is available; or
• by emailing hello@raisedover.com.

Cancellation stops the next renewal charge.

Unless otherwise required by law:

• cancellation takes effect at the end of the current paid Subscription period;
• access continues until the end of that period; and
• cancellation does not produce a refund for the unused part of the current period.

We do not charge a cancellation fee.

After cancellation takes effect, Users will lose access to the online Content included in the cancelled Subscription.

11. Licence to access Content

During an active paid Subscription, Raised Over grants authorised Users a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Content:

• during the applicable Subscription period;
• for the User’s personal professional development; or
• for internal professional development within the purchasing organisation.

The Content is licensed, not sold.

Purchasing a Subscription does not transfer ownership of the Content or any associated intellectual property.

12. Access after expiry or cancellation

When a Subscription expires or cancellation takes effect:

• access to the online course library ends;
• Users must stop accessing Content through the platform;
• course progress may no longer be available through the Account; and
• Raised Over is not required to keep the Account active indefinitely.

Resources legitimately downloaded during an active Subscription may continue to be used internally for their intended purpose, subject to these Terms.

Downloaded Content must not be sold, shared externally, published or used to create a competing product.

Raised Over may retain course-completion and transaction records where reasonably required for legal, administrative or record-keeping purposes.

13. Permitted use

Subject to these Terms, an authorised User may:

• view and complete Content included in the relevant plan;
• download resources that are expressly made downloadable;
• print a reasonable number of copies for personal or internal organisational use;
• complete activities and assessments;
• apply general ideas and learning in their work; and
• adapt downloadable templates for internal use.

An organisation may allow authorised Users to apply the learning in the organisation’s ordinary work.

14. Prohibited use

You must not, without our written permission:

• copy, reproduce or republish substantial parts of the Content;
• share an individual login with another person;
• exceed purchased user or seat limits;
• provide Content to another organisation;
• upload Content to a shared drive accessible by unauthorised people;
• distribute Content through another learning platform, intranet or document library;
• sell, sublicense, rent or commercially exploit Content;
• use Content to create or deliver a competing course or training product;
• record, scrape, capture or systematically download Content;
• remove copyright, trade mark or attribution notices;
• translate or adapt Content for external commercial distribution;
• use bots or automated tools to access the platform;
• bypass access controls or security measures;
• interfere with the website or another User’s access;
• introduce malware or malicious code;
• impersonate another person; or
• use Raised Over for an unlawful, fraudulent or abusive purpose.

These restrictions do not prevent you from applying your own knowledge, professional judgement, skills and experience.

15. Intellectual property

Raised Over and its licensors own all intellectual property rights in the website, platform, branding and Content, including copyright, trade marks, designs and confidential know-how.

Except for the limited licence granted under these Terms, no intellectual property rights are transferred to you.

“Raised Over”, its logos and associated branding must not be used without our written permission.

16. Templates and downloadable resources

A downloadable template or resource may be adapted for the internal purposes of the individual or organisation that purchased access.

Unless we agree otherwise in writing, you must not:

• sell the template or resource;
• publish it as your own commercial resource;
• distribute the original or adapted version outside your organisation;
• include it in a paid course, consulting package or membership;
• upload it to a public template library; or
• remove an attribution or copyright notice.

You are responsible for reviewing and adapting templates before using them.

A template may not reflect your organisation’s circumstances or current legal requirements.

17. User submissions

You retain ownership of original material you submit through Raised Over.

You grant us a limited licence to host, store, process and display that material only to the extent reasonably necessary to:

• operate the platform;
• provide the relevant feature;
• provide customer support;
• maintain security; and
• comply with law.

You must not submit material that:

• infringes another person’s rights;
• contains information you are not authorised to disclose;
• is unlawful, defamatory or misleading;
• contains malicious software; or
• unnecessarily exposes personal, confidential or sensitive information.

We will not use identifiable confidential submissions as public examples or marketing material without permission.

18. Educational purpose

Raised Over provides general educational information about fundraising and related professional practices.

The Content does not constitute:

• legal advice;
• financial advice;
• tax advice;
• accounting advice;
• employment advice;
• regulatory advice; or
• advice tailored to every organisation’s circumstances.

You are responsible for deciding whether and how to apply the Content.

You should obtain appropriately qualified professional advice where a decision involves legal, financial, regulatory or significant organisational risk.

Fundraising requirements, organisational policies, market conditions and professional practices may change.

You are responsible for checking the requirements that apply to your organisation, jurisdiction and activities.

19. No guarantee of results

Raised Over aims to provide practical and useful educational Content.

However, fundraising results depend on many matters outside our control.

We do not guarantee:

• a particular fundraising result;
• increased income or donations;
• donor acquisition or retention;
• employment or career advancement;
• regulatory compliance;
• successful implementation of a particular strategy; or
• that every example will suit every organisation.

Examples, scenarios and case studies are educational illustrations and are not promises of performance.

20. Content updates and availability

We may update, replace or remove Content to:

• improve its quality;
• correct an error;
• reflect changed practices;
• address legal or security concerns; or
• maintain the relevance of the Content library.

We may make reasonable changes to the structure, presentation or delivery platform of Content.

Where a change would materially reduce the core Content included in an active paid Subscription, we will take reasonable steps to provide a suitable replacement, continued access, Account credit or another appropriate remedy.

We do not guarantee uninterrupted availability.

Access may be temporarily unavailable because of maintenance, updates, internet failures, provider outages or circumstances outside our reasonable control.

21. Third-party services and links

Raised Over may use or link to third-party services, including payment providers, video hosts and external resources.

Third-party services may have their own terms and privacy policies.

We are not responsible for independent third-party content or services that we do not control.

A link does not necessarily indicate endorsement.

22. Refunds and Australian Consumer Law

Our Content and subscription services come with rights that cannot be excluded under the Australian Consumer Law where that law applies.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

If the Content or access service has a major problem, you may be entitled to cancel and receive a refund or another remedy.

If a problem is minor, we may first be entitled to correct it within a reasonable period.

Unless otherwise stated at checkout, we do not provide refunds merely because a Customer or User:

• changed their mind;
• no longer requires the Content;
• did not use the Account;
• did not complete the Content;
• expected an outcome that was not promised;
• failed to cancel before a clearly disclosed renewal date; or
• failed to read a renewal reminder properly sent to the Account email address.

We may provide a discretionary refund or Account credit where we consider it fair and appropriate.

Providing a discretionary remedy in one case does not require us to provide the same remedy in another case.

Refund requests must be sent to hello@raisedover.com and include:

• the purchaser’s name;
• the Account email address;
• the purchase or renewal date; and
• the reason for the request.

23. Failed renewal payments

If a renewal payment fails, we may:

• retry the payment;
• contact the Customer;
• provide a reasonable period to update payment details; or
• suspend access until payment is received.

We will not continue providing indefinite paid access without payment.

If payment is not received, we may cancel the Subscription and end access.

24. Suspension and termination

We may suspend or restrict access where we reasonably believe:

• an Account has been compromised;
• payment is overdue or reversed;
• user limits are being exceeded;
• Content is being copied or distributed without permission;
• the website is being misused;
• these Terms have been materially breached; or
• suspension is necessary to protect Users, Raised Over or another person.

Where appropriate, we will provide notice and a reasonable opportunity to correct the issue before terminating paid access.

We may terminate access immediately in cases involving serious fraud, deliberate intellectual-property infringement, unlawful conduct, security abuse or repeated material breach.

On termination, the licence to access Content ends.

Clauses relating to intellectual property, payment obligations, disclaimers, liability and dispute resolution continue after termination.

25. Limitation of liability

Nothing in these Terms excludes liability that cannot lawfully be excluded.

To the maximum extent permitted by law, Raised Over is not liable for indirect or consequential loss arising from use of the website or Content, including loss of revenue, opportunity, anticipated savings, goodwill or data.

To the maximum extent permitted by law, our aggregate liability arising from a Subscription is limited to the amount paid for the affected Subscription during the 12 months preceding the event giving rise to the claim.

These limitations do not apply to liability arising from fraud, wilful misconduct, personal injury caused by negligence or another liability that cannot legally be limited.

26. Responsibility for unlawful use

To the extent permitted by law, you are responsible for loss suffered by Raised Over that is directly caused by:

• your deliberate unlawful use of the website;
• your deliberate infringement of our intellectual property;
• material you submit without the necessary rights; or
• your unauthorised commercial distribution of Raised Over Content.

This clause applies only to the extent the loss was caused by your conduct.

27. Privacy

Our handling of personal information is described in our Privacy Policy.

By using Raised Over, you acknowledge that personal information will be handled as described in that policy.

28. Changes to these Terms

We may update these Terms to reflect:

• changes to our Content or platform;
• changes in law;
• security requirements;
• new features; or
• changes to our business practices.

The current Terms will be published on raisedover.com with the effective date.

A material change will not retrospectively remove rights already earned during a completed purchase.

Where a material change affects an active Subscription, we will provide reasonable notice where practical.

29. Disputes

Please contact us first if you have a concern or dispute.

We will attempt to resolve the matter in good faith.

Nothing in this clause prevents either party from seeking urgent court orders or exercising rights under applicable consumer law.

30. General terms

If part of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

A failure or delay in exercising a right does not waive that right.

You may not transfer your rights under these Terms without our consent.

We may transfer our rights and obligations as part of a genuine sale, restructure or transfer of the Raised Over business, provided this does not materially reduce your rights.

31. Governing law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.

Nothing in this clause prevents a Customer from relying on rights available under another law that cannot lawfully be excluded.

32. Contact