The My School Change Terms of Use set out below (the Agreement) govern your use of the My School Change website located at www.myschoolchange.com.au (Website) or as a mobile phone app (App) and form a binding agreement between My School Change (ABN  58 637 688 898) (My School Change Pty Ltd) and you (user) in relation to your use of the Website and app (App).

Please read the Agreement carefully before using the Website or App. If you have any questions, please contact us. By using the Website or App, you acknowledge and agree that you have had an opportunity to read and understand all of this Agreement and the Privacy Policy at www.myschoolchange.com.au/privacy and you agree to be bound by their terms and conditions. If you do not agree with the terms set out in this Agreement or the Privacy Policy, you should not access or use the Website or App.

This Agreement does not constitute an agreement by My School Change to provide services to you. Such an agreement with you is only formed when your My School Change account is established in accordance with the terms of this Agreement. My School Change will only provide its services to users who meet its eligibility requirements which, at this time, include a requirement that the users be an Australian resident. Please be aware that whilst My School Change will not be bound to provide you with services prior to the establishment of your My School Change account, your use of the Website or App prior to that point (eg. any browsing activity of the publicly accessible portions of the Website or App) will remain subject to this Agreement.

My School Change may, from time to time, amend this Agreement. Any such amendments will be posted on the Website and/or App and will take effect at least fourteen (14) days after such posting. If you do not accept such amendments to the Agreement, you cannot continue to use the Website or App. By using the Website or App, you agree that the then current version of this Agreement (including any amendments effective at that time) applies to your use of the Website or App.

My School Change Terms & Conditions and Privacy Policy is readily available on the website (www.myschoolchange.com.au) and agreed upon prior to App integration by selecting “sign up”, found at the bottom of the ‘Let’s get started’ page.

General Advice Only
My School Change reserves the right to modify, discontinue or disable the Website, App or any part of the Website or App (on a permanent or temporary basis) at any time. While My School Change will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling, you agree and accept that it may not always be possible to provide you with such prior notification.

You must not use the Website or App:

• To collect any personal information on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
• For any unlawful purpose.

You must not violate or attempt to violate the security of the Website or App. You must not hack into the Website, App, My School Change computer systems or the computer systems of other users of the Website or App. “Hacking” means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website/app.

If you breach the terms of this Agreement, My School Change may (at its option, and without limiting the remedies available to My School Change in any way) terminate its agreement with you or bar you from accessing the Website or App on a temporary or permanent basis.

Usernames and passwords

You can play an important role in keeping your personal information secure by maintaining the confidentiality of any password and account(s) used on the Website or App. Please notify My School Change immediately if there is any unauthorised use of your account by any other internet user or any other breach of security via written email to admin@myschoolchange.com.au.

You are responsible for the security of your username and password (or other log-in information) and you take responsibility to ensure the confidentiality of this information.

Intellectual Property Rights

The Website or App and all content contained on the Website or App (including without limitation all text, graphics, icons, advertisements, photographs, databases, trademarks and other information contained on the Website or App (other than Third Party Content) (My School Change Content) and all intellectual property rights that subsist in the Website or App and My School Change Content, including without limitation copyright, trademarks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by My School Change or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.

Subject to this Agreement and all applicable laws and regulations, My School Change grants you a non-exclusive, non-transferable, personal, limited licence to download, access, view, use and display the My School Change content which My School Change makes available to you from time to time on the terms and conditions set out in this Agreement.

You must not do anything which breaches or otherwise interferes with My School Change’s intellectual property rights or the intellectual property rights of any of My School Change’s third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from any My School Change Content without the prior written permission of My School Change or the relevant third-party licensor or exploit such contents for commercial benefit.

All rights not expressly granted are reserved by My School Change.

Third Party Activities

The My School Change Website or App may contain links to third party websites where content is not controlled by My School Change (Linked Sites and school partners)

Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply My School Change’s endorsement of that Linked Site or any content created or uploaded by a party other than My School Change, including all text, graphics, icons, advertisements, photographs, databases, trademarks and other information created and/or uploaded by such a party (Third Party Content). My School Change has no control over and is not responsible for any Linked Site or any Third-Party Content.

Your use of Third-Party Content (including, without limitation, that featured on Linked Websites) may be subject to a third party’s terms and conditions of use. It is your responsibility to check and comply with such terms.

Liability
To the full extent permitted by law, My School Change excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.

To the full extent permitted by law and subject to clause, the Website or App and My School Change content is provided to you “as is” and on an “as available” basis, without any representation or endorsement made and without warranty or guarantee of any kind (whether express or implied). This means that My School Change does not guarantee continuous, uninterrupted or secure access to the Website, App or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Website or App. You should consider the potential for disruption or other difficulties in planning your use of the Website or App. To the extent permitted by law, My School Change has no liability to you whatsoever for loss or costs of any kind you suffer as a result of or in connection with any disruption or other difficulties in using the My School Change Website or App.

To the full extent permitted by law, subject to and except where the relevant liability arises from My School Change unlawful actions, neither My School Change nor any party involved in creating, producing or delivering the Website or App accepts any liability for the accuracy, timeliness or completeness of the information contained on the My School Change Website or App or any responsibility for any errors or omissions in the content on the My School Change Website or App.

To the full extent permitted by law, subject to clauses and except where the relevant liability arises from My School Change unlawful actions, My School Change excludes all liability to you for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Website, App or otherwise in connection with;

• Your use of, or reliance on, the Website or App (or any of the My School Change Content, Linked Site or Third-Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise)).
• The accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the My School Change Website or App; and/or
• Any errors or omissions in the content on the Website or App, whether or not My School Change is aware of such errors or omissions.

Certain legislation including the Australian Consumer Law, may imply warranties or conditions or impose obligations, remedies or guarantees which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that My School Change is entitled to do so, My School Change limits its liability pursuant to such provisions for any goods to the replacement, repair or refund of the cost of goods, or for services, to the re-supply or the payment of the cost of having the services supplied again.

You agree to fully compensate My School Change and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of;

• Your material breach of this Agreement (noting that for the purposes of this clause, a material breach will include, without limitation, a breach of a representation, obligation or warranty).
• Any misuse or use of My School Change Content in breach of this Agreement; and
• Any act of fraud or wilful misconduct by or on behalf of you.

General

We may provide you with notices in connection with this Agreement by posting such notices on the My School Change Website or App or, where appropriate, by email if you have provided contact details for that purpose.

My School Change may assign this Agreement provided that the relevant assignee undertakes to perform all of My School Change obligations herein.

The obligations to compensate for losses incurred by My School Change and its officers, employees and agents in this Agreement are continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement and absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party that is obliged to provide the compensation.

This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

Important Acknowledgements

By applying for a My School Change account;

• You consent to receive any and all advice, documents, information, or other communications from My School Change electronically through the Website, the App, email or otherwise over the internet.
• You agree that you will use the App for all transactions in respect of your My School Change account.
• You agree and acknowledge that you must have a direct debit arrangement in place either through bank account and/or bank card to make donations from your My School Change account to nominated school organisations.
• You agree and acknowledge that you must use the App to connect your bank account and/or bank to the My School Change App in order to make donations to nominated school organisations.
• You agree and acknowledge that we will use your personal information to send you messages (via text message or email) containing important information about your My School Change account. These messages are an important part of the service that we provide to you and will be sent to you as long as you hold an My School Change account. You cannot opt-out of receiving these messages.

My School Change Partners

If you have signed-up for a My School Change account and process payments toward school organisations, from time to time, those school organisations (and only those) may be available to you for communication.
Notwithstanding any other provision of this Agreement, My School Change may terminate, cancel or amend all or any portion of any My School Change relationship. Advance notice will be provided (via email) where possible.

Direct Debit Request Service Agreement

Definitions in this agreement:

• Agreement means this Direct Debit Request Service Agreement between us and you.
• Debit arrangements means the debit arrangements that apply between us and you as set out in this agreement and the maximum/minimum weekly donation amount(s) as selected with the Website or App.
• Debit day means a day that your account is due to be debited by us
• Debit payment means a particular debit from your account.
• Direct debit request means the written, verbal or online request made to us by you to debit funds from your bank account.
• We, us or our means My School Change.

Debiting arrangements
By applying for an My School Change account through the My School Change application, you agree to the terms of this agreement and authorise and request us to debit from your account or nominated bank card any amount payable to us by you, including any payable.

By nominating a minimum weekly goal amount (through the My School Change application), you agree for this amount to be debited weekly. By selecting a maximum weekly goal amount (through the My School Change application), you agree that the weekly ‘rounded up’ amount from may reach this limit (and only this limit), debited weekly.

My School Change processes all transactions weekly at 3pm Thursday AEST.

If the debit day is not a business day, we can debit your account or nominated bank card on the next business day. If you are uncertain about when a debit payment has been or will be processed, you should contact your financial institution.

Payment processing
If you have signed-up for a My School Change account to process payments toward school organisations, you agree to the following transaction and connection costs;

For transactions less than or equal to $15 AUD:
2.50% + 25c for domestic card transactions
3.65% + 25c for international card transactions

For transactions greater than $15 AUD:
1.40% + 50c for domestic card transactions
1.75% + 50c for domestic American Express card transactions
2.90% + 50c for international card transactions

Please note, these charges are in addition to school contributions.

Variation

We may vary or cancel the debit arrangements at any time if we have given you at least 7 days’ notice of the variation or cancellation.

You can, in writing (including via email), ask for the debit arrangements to be altered. If you request a variation in the debit arrangements, you will be required to provide verification information again.

Cancellation

You can cancel your authority for us to debit your account or nominated bank card; or change, stop or defer an individual debit or bank card payment at any time by giving us at least 7 days-notice in writing via email to admin@myschoolchange.com.au. You can also cancel the debit arrangements by contacting your financial institution, which must act promptly on your instructions.

If you cancel the debit arrangements with your financial institution, you must make other arrangements with an alternative financial instruction to continue account use.

You must have a direct debit arrangement via bank card or bank account in place to operate your My School Change account.

Disputes

If you believe that we have debited your account incorrectly, contact us in writing via email to admin@myschoolchange.com.au as soon as possible to confirm your query in writing. We will investigate your query and notify you in writing of the action we have taken within 7 days.

If we find that the debit was made incorrectly, we will adjust your account accordingly. To the extent permitted by law, we will not be liable for any other losses suffered by you. If we find that the debit was made correctly, we will provide you with reasons and any evidence for this finding.

You can also ask your financial institution to query a debit on your behalf.

Your account

Direct debiting is not available on all accounts and you should check with your financial institution whether direct debiting is available on your account.

It is your responsibility to ensure that the account details provided to us in the direct debit request are correct. You should check those account details against a recent statement from your financial institution.

If you are uncertain about the debit arrangements, you should check with your financial institution before completing the direct debit request.

It is your responsibility to ensure that your account has sufficient clear funds available on a debit day to permit a debit payment to be made in accordance with the direct debit request.

Failed payments

If your financial institution does not permit us to process a debit payment on a debit day (whether because there are insufficient clear funds or for any other reason), the following terms apply.

• We will notify you in writing and we may charge you reasonable costs incurred by us on your account of there being insufficient funds.
• Your financial institution may also require you to pay fees, charges and interest.

Notices

If you are required or wish to give us written notice in relation to the debit arrangements, email us at admin@mycharitchange.com.au. We will send notices to you by email to the address that you have provided. Any notice will be deemed to have been received on the second banking day after sending.

Security

Your security is our highest priority. My School Change works to protect your information, prevent unauthorised account access, and notify you of unusual activity.

My School Change Pty Ltd (ABN 58 637 688 898) and My School Change and its subsidiaries are regulated and overseen by ASIC.

Your money is insured against fraudulent and criminal activity through Stripe (https://stripe.com).

Application security and customer peace of mind is our priority. My School Change works to protect all customer information, prevent unauthorised account activity and ensure payments are transacted safely.

My School Change uses Stripe for payment processing. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.

All card numbers are encrypted at rest with AES-256. Decryption keys are stored on separate machines. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in a separate hosting environment, and doesn’t share any credentials with Stripe’s primary services (API, website, etc.)

If you have a complaint and cannot contact us, you can always contact the Australian Financial Complaints Authority (AFCA).