Terms of Service

The Generous Company
Platform Terms and Conditions

IMPORTANT INFORMATION
You are required to carefully read and agree to these terms and conditions. To use the Platform you will also need to read our Privacy Collection Notice and consent to our collection and processing of your personal information. The information in this box is to highlight certain legal aspects that are explained further below. If you have any questions about these documents, you can contact us by email at support@generous.co.

IMPORTANT INFORMATION

You are required to carefully read and agree to these terms and conditions. To use the Platform you will also need to read our Privacy Collection Notice and consent to our collection and processing of your personal information. The information in this box is to highlight certain legal aspects that are explained further below. If you have any questions about these documents, you can contact us by email at support@generous.co.

Last updated: 17.09.25

Definitions

For the purposes of these Terms and Conditions of Use (Terms):
1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  1. Cause means the specific charity or charitable cause to which Generous will distribute proceeds of fundraising.
  2. Content refers to content such as text, images, or other information that can be uploaded, linked to or otherwise made available or generated by you to Generous, regardless of the form of that content.
  3. Device means any device that can access the Platform such as a computer, a mobile phone or a digital tablet.
  4. Digital Product means a non-fungible token (NFT), digital collectible, or similar unique digital item (including a Giving Token) issued by or through Generous.
  5. Effective Date means the date that you register to use the Platform and accept these Terms.
  6. Generous means The Generous Company Pty Ltd (ABN 29 679 992 164).
  7. Giving Token means a type of Digital Product that records or signifies your participation in a Giving Circle or activity on the Platform.
  8. Law means, with reference to any applicable jurisdiction, any statute, regulation, bylaw or a provision of a statute, regulation, or bylaw and includes, without limitation, any statutory rule, or ruling by a statutory body.
  9. Platform means the website at www.generous.co and other websites, mobile sites, applications, blockchain-based systems, and other online services operated by Generous.
  10. Subscription means an automatic purchasing option applied weekly to a Digital Product which you must purchase to become a registered user on the Platform.
  11. Terms means these Terms and Conditions of Use regarding the use of the Platform.
  12. Third Party Services means any services or content (including data, information, applications and other products or services) provided by a third party that may be accessed via the Platform.
  13. you means the individual accessing or using the Platform or the company, or other legal entity, on behalf of which, you are accessing or using the Platform, as applicable.
Application
1. Your use of the Platform is governed by these Terms and they are a legal agreement between you and Generous.
2. In consideration for registering as a user of the Platform, you confirm acceptance of these Terms. You may not access or use the Platform unless and until you have accepted these Terms.
3. By accessing and using the Platform, you warrant that you:
  1. are at least 18 years of age;
  2. possess the legal right and ability to enter into a legally binding agreement with Generous, either in your individual capacity or as an authorised representative of your organisation;
  3. are solely responsible for all your activities that occur on the Platform;
  4. will only use the Platform in a private and secure manner;
  5. will keep secure and confidential all passwords, account names, tokens or log-in identifications required to access the Platform;
  6. will do your best to prevent any unauthorised access to any services that require a login;
  7. will not hack into, tamper with, or make any unauthorised modifications to the Platform, or exploit the Platform to access unauthorised information;
  8. will not knowingly or recklessly introduce to the Platform a virus, malicious code, worms, harmful software, or otherwise damage or hinder the operation of our online services, or any information contained within it;
  9. will not use bots or web scraping tools to access, browse or extract data from the Platform;
  10. will not use the Platform to send commercial electronic messages in contravention of the Spam Act 2003 (Cth);
  11. will refrain from uploading onto the Platform any material, or use the Platform in any way, which:
    1. infringes the intellectual property rights of any person;
    2. is obscene, indecent, offensive, threatening or defamatory;
    3. is false or misleading;
  12. will not use the Platform for purposes that are unlawful or may adversely affect our reputation or interests.
Obligations of user
1. Access
Internet access is required to fully access the Platform. You acknowledge that to use the Platform there will be charges from your internet service provider (for example, mobile data usage). You understand and agree that Generous is not responsible for any connection issues, which you may experience when using the Platform on your Device.
1. Becoming a user
To become a registered user of the Platform, you must:
1. be at least 18 years of age;
2. possess the legal right and ability to enter into a legally binding agreement with Generous;
3. complete your details in the manner required on the Platform sign-in page to create a password protected user account; and
4. purchase a Digital Product (such as a Giving Token).
You are liable for all activity on your account. Should you discover any unauthorised use of your account, you must contact us immediately.

You agree to ensure that your registration details remain true and accurate at all times. You must notify us of any change to the registration details as originally supplied.

Where a Digital Product is purchased, the ownership or control of that Digital Product does not confer any rights of equity, governance, or profit-sharing in Generous. Digital Products are collectibles or access tokens that facilitate participation in fundraising activities conducted on the Platform.
1. Fees
  1. To remain a registered user and participate on the Platform, you must own one or more valid Digital Products.
  2. All fees and charges are in Australian dollars. The fees are inclusive of goods and services tax (GST) where applicable.
  3. If you do not have at least one active Digital Product, then without prejudice to our other rights, we reserve the right to restrict your access to the Platform.
  4. We review our fees on an annual basis. We will provide you with reasonable notice (at least 30 days’ notice) in writing if our fees change prior to charging the increased fees. Your continued use of the Platform after the effective date of any fee change will constitute your acceptance of the amendments to our fees.
2. Unauthorised use of credit cards
Any purchases made through the Platform using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution.

We do not store your credit card details. We use the services of Stripe, which stores your credit card data. This PCI compliant solution provides enhanced security against online fraud. However, we provide no warranty as to its safety or security.
Use of the Platform
1. You agree to use the Platform for lawful purposes only.
  1. You are entirely responsible for:
    1. your access to the Platform;
    2. your use of the Platform; and
    3. your compliance with these Terms.
  2. You must not misuse the Platform and, in particular, you must not:
    1. commit or encourage a criminal offence;
    2. transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    3. hack into any aspect of the Platform, corrupt data or cause annoyance to other users;
    4. infringe upon the rights of any other person;
    5. send any unsolicited advertising or promotional material, commonly referred to as “spam”;
    6. attempt to affect the performance or functionality of any computer facilities of or accessed through the Platform;
    7. attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Platform; or
    8. attempt to bypass the network firewall or use any part of the Platform which you are not authorised to use or devise ways to circumvent security in order to access part of the Platform which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.
  3. Breaching this provision may constitute a criminal offence and we may report any breach of the above nature to the relevant law enforcement authorities and disclose your identity to them. Generous also reserves the right to immediately and indefinitely restrict your access to the Platform in any way considered reasonably necessary if it suspects that you are engaging in any of the behaviour set out in this provision.
  4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any linked sites. It is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular security requirements.
Obligations of Generous
1. Generous is responsible for:
  1. issuing and maintaining Digital Products (such as a Giving Token);
  2. validating the Cause that will receive proceeds from the sale of Digital Products;
  3. paying 50% of the GST-inclusive proceeds generated from Digital Product sales to the Cause;
  4. conducting various lotteries and draws on the Platform (each, a Draw), see The Generous Company - Trade Promotion Terms and Conditions for details; and
  5. handling user complaints and queries.
2. The selection of the winner for a Draw will be conducted at random using an open-source algorithm, see The Generous Company - Trade Promotion Terms and Conditions for details.
Content
1. Licence to use Content
  1. We are not responsible for the entries, information or Content of the Platform’s users. We do not monitor the data which is generated by users of the Platform. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
  2. You grant Generous a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and licence to use your Content in respect of providing services via the Platform. You warrant that you have the right to grant this licence and that by uploading or communicating the Content to the Platform, you are not violating the intellectual property rights or moral rights of any third party.
2. Prohibited Content
You must not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, may incite violence or is otherwise objectionable. Examples of such objectionable Content include the following:
1. unlawful activity or promoting unlawful activity;
2. defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
3. spam, machine generated content or randomly generated content, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
4. containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
5. infringing on any proprietary rights of any party, including patent, trade mark, trade secret, copyright, right of publicity or other rights;
6. impersonating any person or entity including Generous and its employees or representatives;
7. violating the privacy of any third person; and
8. misleading, deceptive and false information,
(collectively, Prohibited Content).

By uploading any Content, you represent and warrant that the Content is not Prohibited Content. We can limit or revoke your use of the Platform if you post Prohibited Content.

We reserve the right, but not the obligation to, in our sole discretion and where acting reasonably, determine whether or not any Content is appropriate and complies with this Agreement, or to refuse or remove any Content.

You agree to use the Platform at your own risk. You agree that under no circumstances will Generous be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.
1. Warranties
You warrant that all information provided by you to Generous including your Content:
1. is true and correct;
2. is not Prohibited Content; and
3. can be lawfully published by Generous and on the Platform.
Technical information and security
1. We do our best to keep information secure and minimise the introduction of viruses and bugs to the Platform. However, the transmission of data over the internet is not always secure, and we do not guarantee the security of any user generated Content transmitted on the Platform. You use the Platform at your own risk. To the maximum extent permitted by law, we are not liable for any breaches of security, or loss of information.
2. It is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular security requirements.
3. You acknowledge that blockchain transactions are irreversible, and Generous cannot undo or refund transactions that occur on third-party blockchain networks. It is your responsibility to maintain the security of your digital wallet and private keys. Generous accepts no liability for any loss of access to Digital Products due to lost credentials or wallet compromise.
Digital Asset Compliance
1. Generous issues Digital Products solely for the purpose of facilitating charitable fundraising activities and not as financial products or securities. You acknowledge and agree that Digital Products do not represent any investment opportunity, expectation of profit, or share in Generous or any Cause.
Privacy
1. Our Privacy Policy, which sets out in detail how your personal information is collected, used, disclosed and stored, can be found in the Generous Data Collection Guidelines & Policy.
2. Our Privacy Policy contains information about how you may exercise your privacy rights, including how you can request to access and/or correct your personal information and make a privacy complaint.
Intellectual Property
1. The intellectual property rights in the Platform, including without limitation all copyrights, patents, trade marks, trade secrets and other intellectual property rights in all software and content (excluding user-generated Content), will remain the sole and exclusive property of Generous (or its licensors).
2. Digital Products created or distributed by Generous remain the intellectual property of Generous, unless expressly transferred via the blockchain or other written instrument. Ownership of a Digital Product conveys only the right to display, transfer, or resell that Digital Product in accordance with these Terms and any applicable third-party platform rules.
3. If you sell or transfer a Digital Product to another party, you agree to ensure that the transferee accepts these Terms. Generous may receive a royalty or transaction fee from any subsequent resale of a Digital Product on secondary marketplaces.
4. The intellectual property rights in the Content that you submit to the Platform will remain with you. You grant Generous a fee-free, royalty-free, perpetual, irrevocable, worldwide, sublicensable, transferable licence to access and use your Content to enable Generous to operate and further develop the Platform and to make the Platform available to you and other users.
5. Generous will not be obligated to indemnify or defend you with respect to any third party claim arising out of or relating to the Platform. To the extent Generous is required to provide indemnification by applicable law, Generous shall be solely responsible for the investigation, defence, settlement and discharge of any claim that Platform, or your use of it, infringes any third party intellectual property rights.
Your suggestions
1. Any feedback, comments, ideas, improvements or suggestions which you provide to Generous with respect to the Platform shall remain the sole and exclusive property of Generous.
2. Generous shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications and updates to the Platform
1. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Platform or any service to which it connects. We will provide you with reasonable notice before doing so (where reasonable for us to provide notice).
2. We may, from time to time, provide enhancements or improvements to the features/functionality of the Platform, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities of the Platform. You agree that we have no obligation to:
  1. provide any updates, or
  2. continue to provide or enable any particular features and/or functionalities of the Platform to you.
Third Party Services
1. The Platform may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third party websites or services.
2. You acknowledge and agree that we shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of them. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Services.
3. You must comply with applicable Third Party terms and conditions when using the Platform. Third Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such Third Parties' terms and conditions.
Liability and indemnity
1. Limitation of liability
  1. Your use of the Platform is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis.
  2. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:
    1. we give no warranties, and you have no other rights, apart from those expressly set out in these Terms; and
    2. all implied conditions, guarantees, warranties and rights are excluded.
  3. We exclude, to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content and the Platform. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, will be limited as provided and as per our option under section 64A of the Australian Consumer Law. However, this limitation of liability does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
  4. To the extent permitted by law, in no event will Generous, its related bodies corporate, its directors, its officers, employees, agents, suppliers:
    1. be liable for any indirect, special, or consequential loss or damage, including loss of profits, loss of any business opportunity and damage to computer equipment, however caused; and
    2. the aggregate liability of Generous, its related bodies corporates, its directors, officers, employees, agents, suppliers will be limited to the fees paid by a user through the Platform.
2. Indemnity
You agree to indemnify and hold Generous and its related bodies corporate, directors, officers, employees, consultants, agents, partners and licensors (if any) harmless from any and all third party claims or demands, liabilities or costs including reasonable legal fees, due to or arising out of your:
1. unauthorised use of the Platform;
2. breach of these Terms or any Law; or
3. violation of any right of a third party.
You are not obligated under this indemnity to the extent that any claim arises from Generous’ breach of these Terms.
Other
1. No endorsement of Cause
The presence of a Cause on the Platform does not indicate an endorsement by Generous of the Cause, the content and opinions incorporated in the Cause’s landing page or the fundraising activity promoted by it. Generous does not accept any responsibility for your Cause selection or the use of any proceeds received by the Cause from Generous.
1. Changes to these Terms
  1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion (acting reasonably).
  2. By continuing to access or use the Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Platform.
2. Severability and waiver
  1. If any provision of these Terms is held to be unenforceable or invalid, the provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable Law and the remaining provisions will continue in full force and effect.
  2. Except as provided in these Terms, the failure to exercise a right or to require performance of an obligation under these Terms will not affect a party’s ability to exercise such right or require the performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.
3. Events outside our control
We accept no liability for any failure to comply with the terms of these Terms where the failure is due to circumstances beyond our reasonable control.
1. Assignment
You cannot assign your rights or obligations under these Terms without our prior written consent (which will not be unreasonably withheld). We can novate or assign our rights and obligations under these Terms without restriction.
1. Governing Law
The laws in force in the State of Victoria, excluding its conflict of law rules, govern these Terms and your use of the Platform. Your use of the Platform may also be subject to other local, state, national, or international laws. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria.
1. Dispute resolution
If you have a complaint about the Platform or these Terms, please contact us using the contact details set out below. We will aim to respond to your complaint within seven days of receipt.
Contact details

Please contact us if you have any queries about these Terms at: support@generous.co