Terms & Conditions

Welcome to our website. By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Near Field Creative Pty Ltd’s (known herein as “NFC”) relationship with you in relation to this website.

The term “Near Field Creative” or “NFC” or “us” or “we” refers to the owner of the website, Near Field Creative Pty Ltd (ACN 604 593 697), whose registered office is at Innovation Centre, 90 Sippy Downs Dr, Sippy Downs QLD 4556 Australia. The term “you” refers to the user or viewer of our website (“the site”).

These terms and conditions may be modified at any time and such modification shall be effective immediately upon web posting of the modified terms and conditions. Your continued use of the site shall be deemed to be your conclusive acceptance of the modified terms and conditions.

The use of this site is subject to the following terms and conditions of use:

Acceptable Use Policy

Changes to the Site and Services Provided

    • The content of the pages of this site is for your general information and use only. It is subject to change without notice;
    • NFC will make every effort to ensure that the site and services are constantly operational;
    • NFC reserves the right to modify, discontinue or suspend all or part of the site or its services at any time without notice.

Partner Organisations

    • All Charities and Not-for-profit Organisations that appear on the site have entered into a contractual arrangement with NFC which enables us to collect fundraising donations made on the site on their behalf.
    • All other Partner Organisations (not registered as a Charity or Not-for-profit Organisations) that appear on the site, have entered into a contractual arrangement with NFC to provide the service, promotion, offer on their behalf.

Use of Funds by Charities and Not-for-profit Organisations

    • NFC makes no representations or warranties in relation to the appropriate use by Charities and Not-for-profit Organisations of funds raised by use of the site or the services provided;
    • Charities and Not-for-profit Organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where the Organisation has expressly stated that funds raised will be applied to a particular project or appeal.

How Does NFC Get Paid?

    • NFC provides wearable technology solutions to Organisations across a range of industries including but not limited to Charities and Not-for-profits, Sporting Clubs, Bands and Corporate Companies.
    • NFC provides Charity or Not-for-profit Organisations with wearable technology products which may include a setup fee, a fee per product and an administration fee. NFC’s standard administration fee is 2.5% of each gross donation made to the Charity or Not-for-profit Organisation appearing on the site;
    • In addition to this administration fee, a payment gateway will charge a payment-processing fee which is also deducted from the gross donation. This fee varies dependent on the payment type and can range from 1.75-2.6% + 30c for each gross donation. Payment types include: Credit Cards such as VISA/Mastercard/AMEX/Diners, Google-Pay, Apple-Pay and PayPal.

Copyright Policy

    • Copyright in the text, images, software, logos, icons, sound recordings and website code, content and other copyright material in this website is owned or licensed by NFC for use on this website;
    • The site contains material which is owned by or licensed to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the site. Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question;
    • No other use of material on the site is permitted other than with the express written permission of the copyright holder;
    • Unauthorised use of the site may give to a claim for damages and/or be a criminal offence.

Security Policy

    • NFC is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. event unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How NFC Uses Cookies

    • A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences;
    • We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system;
    • Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us;
    • You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

General Policy

Refunds

    • NFC collects donations on behalf of Charities and Not-for-profit Organisations and passes the money to the charities every 14 days. NFC will process refund requests if received in writing within 48hrs of the initial transaction.
    • NFC cannot process refunds on behalf of charities once the funds have been settled to the charity. Please email us at contact@nearfieldcreative.com quoting your Donation ID as shown on your Donation Receipt.

Unauthorised Use of Cards

    • You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.


Disclaimer and No Liability

    • Neither NFC nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law;
    • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this site meet your specific requirements;
    • In no circumstances will we be liable for any loss or damages, whether direct or indirect, arising out of your use of the site and the services provided there or your inability to use them.

Jurisdiction

    • Your use of the site and any dispute arising out of such use of the site is subject to the laws governing Queensland, Australia;
    • Any complaint made about NFC by either a member of the public or an employee must be referred in the first instance to NFC. Such a complaint should be specific and in writing. Upon receipt of a complaint, NFC will use its best endeavours to respond to the complaint and resolve any matters arising from it within 7 days. If, following a response from NFC, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate state regulatory body.

Regulatory Bodies

    • ACT Office of Fair Trading – Advice and Complaints Unit
    • NSW Fair Trading
    • QLD Office of Fair Trading
    • SA Consumer and Business Services
    • TAS Consumer Affairs and Fair Trading
    • VIC Department of Justice and Consumer Affairs
    • WA Department of Consumer and Employment Protection