Terms & Conditions of Use for Raffles
Provided by: DigiGround Pty Ltd
This Version: 2022-01
Previous Version: 2020-01
Last Update: 1st September 2022
This User Agreement is effective upon acceptance for new users, and from 15th of September 2022 for existing users.
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Responsibility of Raffle Organiser
Introduction
As an Organiser of an Oktion event, your access and use of the Oktion Service constitutes your agreement with, and acceptance of the Oktion Raffles Terms of Service outline below.
An Organiser may be a charity, school, community association, sporting club, recognised political or religious group or an individual or business fundraising for a not-for-profit organisation.
These Terms and Conditions of Use are to be used in conjunction with the Oktion Terms and Conditions of use for Oktion.
Service Overview
As an Organiser of an Oktion event, your access and use of the Oktion Service constitutes your agreement with, and acceptance of the Oktion Raffles Terms of Service outline below.
An Organiser may be a charity, school, community association, sporting club, recognised political or religious group or an individual or business fundraising for a not-for-profit organisation.
Service Fee (include GST)
Setup Fee of $75 (inc GST) for a single raffle. Payable upon first registration and non-refundable. Any Special Offer pricing will replace the standard pricing for the duration of the offer.
The organiser or contributor is responsible for the all merchant fees and hosting costs related to the raffle event.
Responsibility of Oktion
Oktion will supply a secure payment gateway for the purchase of raffle tickets and secure storage of ticket buyer’s personal information which excludes credit card details.
Oktion proceeds are held in a separate bank account from the DigiGround General Trading Account. Oktion proceeds, less the nominated service fee charged by Oktion, will be forwarded to the Organiser’s bank account within 14 working days of the raffle being drawn if a user has verified their identity and organistaion.
The Organiser has access to full sales and financial reports during and at the conclusion of the raffle. The raffle sales data is the property of the Organiser, however ticket buyers will be given the opportunity to register with Oktion to receive promotional material about other raffles hosted by Oktion which specifically suit their interests.
Responsibility of Raffle Organiser
The procurement, storage and distribution of all prizes including the provision of a true and accurate market value of the prize(s).
Notifying the winner(s) and publishing the winner(s) details in a public space.
Unless partaking in Oktion’s promotional services, the Organiser is solely responsible for the promotion and marketing of the raffle event.
Conducting the raffle in accordance with the requirements of the government controlling body in their state.
Obtaining the relevant permit(s), when required, to enable the Organiser to conduct a raffle.
Organiser Login
As your Organiser section in the Oktion application will contain the personal details of the ticket buyers, you must keep your login information safe, private and secure at all times. Only those contacts who appear on the Raffle Registration should have knowledge of these login details.
Indemnity for misuse of Organiser Login information
Oktion accepts no liability for acts carried out by any person using your Organiser login information, and you indemnify Oktion from any costs, expenses or damages payable in connection with your breach of the Client Login requirements.
As the creator of your organisation’s Raffle Page, you agree to not:-
- infringe the intellectual property rights (including copyright) of any third party;
- detrimentally affect the brand or reputation of Oktion or any affiliates or partners of Oktion;
- be misleading or deceptive as to the nature, type, service or benefits of the Content;
- contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
- send junk email or spam to people who do not wish to receive email from You;
Oktion reserves the right to remove or edit any content posted on the Raffle Page at its sole discretion, without notice and without liability if we deem the content to be inappropriate and or in breach of these Terms and Conditions.
Intellectual Property Rights
The Organiser indemnifies Oktion from any costs, expenses, claims or damages paid or payable by Oktion in connection with a claim by any person that the Organiser infringes the Intellectual Property Rights of that person.
For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
The Organiser grants to Oktion a royalty free, worldwide, non-exclusive, transferable, licence to use, the Organiser’s details in terms of logo, and raffle page, testimonial and raffle financials as a promotional tool for Oktion.
Disclaimer
Oktion accepts no liability whatsoever for the actions of our Organisers on the Raffle Event function.
Oktion accepts no liability for ensuring that any Organiser applies the proceeds received from a raffle event in any particular way.
For our standard service, Oktion is not responsible for the raffle prizes in ANY respect, such as procurement, storage, distribution. The Organiser must deal with any customer dissatisfaction regarding the prize(s) and/or the distribution of the prize(s).
The Organiser must ensure that they meet the requirements of Government legislation in their state with regard to what may be offered as a prize. Oktion takes no responsibility for the appropriateness of the prizes presented by our client, however we reserve the right to suspend the progress of the raffle if for some reason the content is questionable.
Oktion has made every effort to provide a reliable service for our Organisers. However, in the unlikely event that our service is disrupted due to a computer virus, hosting or network failure, unauthorised intervention or circumstances beyond our control, which may lead to a loss in ticket sales, Oktion is indemnified by our Organiser and bears no liability.
It is the sole responsibility of the Raffle Organiser to research the Government Regulations as it applies to them specifically and take any necessary actions with regard to registrations or permits.
Oktion has taken measures to ensure a secure payment gateway and storage of personal information for ticket buyers. However, our Organisers recognise that Oktion cannot be held responsible for hacking or malicious attack.
Refund Policy
Organiser – Termination
Either party may terminate the online raffle before the commencement of the raffle event, but must do so by written notification. In the event of the Organiser instigating the cancellation, any fees paid inc GST, will be retained by Oktion as the cancellation fee
Organiser – Limitations & Changes
Once the raffle has started, major changes to the raffle are unable to be performed by the Organiser via their Raffle Admin. These will be considered with written notification from the Organiser to Oktion. Depending on the type & extent of the changes required, there may be a charge at the discretion of Oktion which will be advised at the time.
Contributors
Purchases made through the Payment Platform by a Contributor utilising a credit card are final and not disputable. However, a Contributor who believes that they have a gambling problem or are overextended financially will be given an opportunity to amend or cancel their ticket purchase by contacting Oktion by email at myoktions@oktion.com.au or on 1300 OKTION (1300 654 466).
Where there has been an unauthorised use of a buyer’s credit card, and the unauthorised nature of that use can be proven, then the payment will be refunded, unless it has already been credited to the relevant Organiser.
Oktion does not extend credit or loan money to customers to purchase raffle tickets.
Oktion makes no representations as to the compliance by our Organisers with the laws applicable to the conduct of their raffle event. Contributors must establish to their own satisfaction the propriety or otherwise of the raffle by contacting the relevant Organiser directly. Any disputes about raffles must be directed to the raffle Organiser.
Correspondence
An Organiser notifying Oktion under these Terms must;
- do so in writing;
- addressed to Oktion at the address shown on the official website www.oktion.com.au; and
- be left at or sent by prepaid post or email to that address.
- All correspondence will be deemed received:
- on the date of delivery, if left at the recipient’s address;
- five days after the date of posting if sent by prepaid post; and
- if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).
General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.oktion.com.au.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.oktion.com.au. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an DigiGround Pty Ltd representative who intends to amend this User Agreement and is duly authorised to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the DigiGround Pty Ltd Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and DigiGround Pty Ltd, and supersede all prior understandings and agreements of the parties.