1. Acceptance of Terms & Conditions

Welcome to make. The services that Loyalty Innovation Pty Ltd Australia (“make”) provides to Users via make Network of websites (the make Network”) are subject to the following Terms & Conditions (“Terms”), which constitute the binding agreement (the “Agreement”) between you, the User, and make . The term “You” and “User” as used herein, refer to all physical persons and/or bodies corporate accessing the make Network for any reason.

make reserves the right to modify or replace or update the Terms in its sole discretion and at any time without notice to User and therefore all Users are invited to review the current version of Terms as frequently as practicable. The most current version of the Terms can be reviewed by clicking on the "Terms & Conditions" hypertext link located at the footer of the make Network web pages. Your continued use of the services following the posting of any changes to the Terms constitutes acceptance of those changes.

If you do not accept these Terms or you do not meet or comply with their provisions, you may not use the make Network or make services.

2. Description of Services and License to Use

make offers an automated communications platform which provides continuous and ongoing support to Users who are Content Creators in order to fund their work.

Through the website, email, websites, and other media, the services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Content Creators, Supporters, and other visitors to and Users of the services (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Submissions" means any Content Submitted by Users.

3. make Only Provides a Venue

The platform is provided for enabling connections between Users. make does not take part in the interaction between Users. make does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Content provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. make does not have control over the quality, timing or legality of the Content delivered by its Users. make makes no representations about the suitability, reliability, timeliness, or accuracy of the Content requested and provided by the Users identified through the services whether in public, private, or offline interactions. make cannot confirm that each User is who they claim to be. make does not assume any responsibility for the accuracy or reliability of this information or any information provided through the services.

When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. Neither make nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of the services.

make and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of services.

4. Transactions

Users of the services sponsor other Users. make will not be a party to any contracts for services. make facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the end of a completed Content creation transaction on a monthly cycle. Content Creators who create rewards chosen by Users are required to provide those rewards. Any payment in cash outside of the services is NOT subject to refunds. Any reimbursement expenses that are incurred by a User in connection with the completion of a service, however, may be paid in cash offline or through the services.

For all purchases and payments for reimbursement costs, fees or expenses associated with a pledge, unless you use your account credits, make will charge your credit card according to the amount agreed upon between you and make for the use of the services, and you hereby authorize make to charge your credit card for such amounts. make retains the right, in its sole discretion, to place a hold on any payment for Content. If make ’s fees ever change, make will announce that on make ’s Network. Some funds pledged by Users are collected by payment providers. Each payment provider is its own company and make is not responsible for its performance.

make has no obligation to provide refunds or credits to payments already made to Content Creators, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by make , in each case in make ’s sole discretion.

You are responsible for paying any additional fees or taxes associated with the services provided under this Agreement.

5. Uses of Your Personal Information

make will use the personal information you provide to:

  • identify you when you sign in to your account;
  • enable make to provide you with the services;
  • send you marketing communications make thinks you may find useful, but only in accordance with your email preferences;
  • present projects to you when you use the services which make believes will be of interest based on your geographic location and previous use of the services;
  • administer your account with us;
  • enable us to contact you regarding any question you make through the services;
  • analyze the use of the services and the people visiting to improve make ’s Content and services; and
  • use for other purposes that make may disclose to you when make requests your information.

make takes securing your data and preserving your privacy very seriously. make never posts anything to your other third-party accounts without your permission. make will never receive User credit card details or other payment information. make does not and will not sell your data.

6. Services

The Services may contain email services, bulletin board services, chat areas, news groups, forums, blogs, communities, personal web pages, calendars, photographs, file cabinets and/or other message or communication facilities designed to enable Users to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Services. By way of example, and not as a limitation, User agrees that when using the Communication Services, will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or has received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allow such messages.
  • Download any file posted by another User of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other User from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the services or other User or usage information or any portion thereof.

make has no obligation to monitor the Communication Services. However, make reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. make reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. make reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in sole discretion of make .

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

User should always use caution when giving out any personally identifiable information in any Communication Service. make does not control or endorse the Content, messages or information found in any Communication Service and, therefore, make specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. Users are not authorized make spokespersons, and their views do not necessarily reflect those of make.

7. Registration

You can browse make without registering for an account. But to use some of make's functions, you will need to register, choose an account name and set a password. When you do that, the information you provide has to be accurate and complete. You should not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, make may cancel your account.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, make may ask you for proof of age.

You are entirely responsible for maintaining the confidentiality of your password and account. You are solely and fully responsible for all activities that occur under your account and keeping your password confidential. make has no control over the use of any User's account and expressly disclaims any liability derived therefrom. If you find out that someone used your account without your permission you should report it to hello@make.fund

8. Other Websites and Services

make Network may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites). Such links are provided as an information services, for reference and convenience only. When you access third-party websites, you do so at own risk. make does not control or endorse those sites and is not responsible for their content.

make partners with other companies for payment processing. When you create a project, you are also agreeing to the payment processor’s terms of service.

The use of any website controlled, owned or operated by third parties is governed by the laws of NSW, Australia. make expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the services. You hereby agree to hold make harmless from any liability that may result from the use of links that may appear on the services.

9. No Solicitacion

The services may not be used to solicit for any other business, website or services. Users may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Services facilitated through make without express written permission from make .

Users may not use the services to collect usernames and/or email addresses of other Users by electronic or other means without the express prior written consent of make .

10. Employment and Withholding

The services are not employment services and do not serve as an employer of any User. As such, make will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with the use of Users’ services.

User understands and agrees that if make is found to be liable for any tax or withholding tax in connection with the use of Users’ services, then User will immediately reimburse and pay to make an equivalent amount, including any interest or penalties thereon.

11. Termination

This Agreement shall remain in full force and effect while you are a User of make Network. You may terminate this Agreement at any time. All provisions of this agreement survive termination of an account, including make ’s rights regarding any content you have already submitted to the make Network.

Without limiting the foregoing, make shall have the right to immediately terminate, reject, cancel, interrupt, remove, or suspend User’s Account or any project at any time for any reason and especially in the event of any conduct by the User, which make , in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. If make terminates or suspends your right to use the services for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, make reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

12. Intellectual Property Rights

The Services and any Content and Software that is made available (collectively "Proprietary Material") for Users to use, see or read is the copyrighted work of make and/ or its suppliers, excluding User Content that make has the right to use. make owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a compiled and/ or collective work under the Copyright law of the European Union.

The Proprietary Material is protected in various ways including copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws. You may not copy or use any of make s or any other holder’s marks, logos or trade names without the express prior written consent of the owner. Users agree to respect all copyright and other legal notices, information and restrictions contained in any content accessed through the make Network. Users also agree not to change, translate, or otherwise create derivative works of the Proprietary Material. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of make or the relevant copyright holder.

13. Copyright Policy

If you believe that any material provided on or in connection with the services infringe upon your copyright or other intellectual property right, you should send an email to make at hello@make.fund to include the following information:

  • an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that User claims has been infringed;
  • a description of where the material that User claims is infringing is located on the make Network, sufficient for make to locate the material;
  • User’s address, telephone number, and email address; a statement by the User that has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by the User that the information provided is accurate and, under penalty of perjury, that User is the copyright owner or authorized person to act on the copyright owner's behalf.

14. Personal Information

“Personal Information” is defined as any information and materials you provide to make or other Users in connection with your registration for and use of the services, including without limitation that posted or transmitted for use in public areas. Each User is solely responsible for all User Content that they provide on or through make ’s services, and make acts merely as a passive conduit for your online distribution and publication of the information provided. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Content."

make does not endorse or make any representations or warranties of any kind with respect to any User Content and/ or statements, ideas, advice or opinions communicated on, through, or in connection with make ’s services (whether online offline, orally, in writing or otherwise) by any User and/ or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/ or any such statements, ideas, advice or opinions is solely at your own risk.

You acknowledge that make reserves the right, but have no obligation to monitor and/ or review or screen any User Content, and that by using make ’s services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.

make does not own content you submit to make Network. But make requires certain licenses from you in order to perform the Services. When submitting a project for review, or launch a project, you grant to make , and others acting on make ’s behalf, the right to use, make changes, like editing, translating, copy, present or publish your Content however needed in order to run the site, promote projects or hold future events and show people what’s happening on the make Network.

15. Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of make and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify make in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to make upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of make ’s trade secrets, confidential and proprietary information and all other information and data of make that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

16. Disclaimer of Warranties and Limitation of Liability

A) make , offers an automated platform for enabling content Creators to be able to fund their work and does not screen or censor the listing offered in any way. make is not involved in the actual transaction between content Creators and Supporters or between Users or between Users and any third party relating to the use of the make Network.

B) The make Network is provided on an "as is" basis without warranties, representations or guarantees of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the Laws applicable to this Agreement.

C) User expressly agrees that use of the make Network is at User's sole risk. Neither make , nor its shareholders, subsidiaries, affiliates, nor any of their respective employees, agents, advertisers, third party content providers or licensors warrant, represent or guarantee that the make Network will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the make Network, or as to the accuracy, reliability or content of any information, services, or merchandise provided through the make Network.

D) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that make is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with User.

E) In no event will make , or any person or entity involved in creating, producing or distributing the make Network or the make software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the make Network. User hereby acknowledges that the provisions of this section shall apply to all content on the make Network.

F) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held inapplicable or unenforceable for any reason, then make ’s maximum liability to you for any non-direct type of damages shall be limited to one hundred dollars(A$100.00) in the aggregate.

G) In addition to the terms set forth above neither, make , nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the make Network, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

H) Neither make , nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

I) Due to nature of this agreement, in addition to money damages, you agree that make will be entitled to equitable relief upon a breach of this agreement by you.

J) make will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, services outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party services providers (including providers of internet services and telecommunications).

17. Indemnification

User hereby agrees to indemnify, defend, and hold harmless make , its shareholders, subsidiaries, affiliates and their respective directors, officers, employees and agents, from and against all claims, and expenses, including legal and attorneys' fees, arising out of the use of make Network by User or User’s Account.

18. Dispute Resolution and Governing Law

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), User and make agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before resorting to the courts or arbitration. Such informal negotiations will commence upon written notice. User’s address for such notices is the billing address, with an email copy to the email address User has provided to make. make ’s address for such notices is Loyalty Innovation Pty Ltd Australia. Suite 3, Level 3, 201 Kent St, Sydney 2000 NSW Australia

In the event that User and make are unable to resolve a Dispute through informal negotiations as above written, all claims arising from use of the services finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. If User’s claim for damages does not exceed A$10,000, make will pay all such fees unless the arbitrator finds that either the substance of User’s claim or the relief sought in User’s Demand for Arbitration was frivolous or was brought for an improper purpose. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, User and make may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

User and make agree that any arbitration will be limited to the Dispute between make and User individually. User acknowledges and agrees that User and make are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both User and make otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.

These Terms (and all other rules, policies or guidelines incorporated by reference) will be governed by the laws of NSW, Australia, without giving effect to any principles of conflicts of law. Arbitration will take place in Sydney, Australia. User and make agree that for any Dispute not subject to arbitration, or where no election to arbitrate has been made, the Australia courts have exclusive jurisdiction and User and make agree to submit to the personal jurisdiction of such courts.

19. Miscellaneous

These Terms constitute the entire agreement between User and make with respect to the Services. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect. The failure of either User or make to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms cannot be assigned, transferred, or sublicensed unless the User obtains make ’s prior written consent. make has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without User’s consent. make will provide the User with notice via email, written notice, or by conspicuously posting the notice on the make Network.