Charity Agreement

Hiba Gifts is a platform that lets donors give a digital charity gift card in someone's name, and lets charities receive those donations. Synergaid provides the technology and the service that connects donors with your organisation. Synergaid does not solicit donations on its own behalf and does not take any commission from your donations.

Your organisation is the recipient of each donation made to it. Where donations are processed as a direct charge on your own payment account, your organisation is the merchant of record for those payments, and the funds settle into your own account in your own currency. Where donations are processed on Synergaid's account and passed to you, Synergaid facilitates that transfer. The model that applies to your organisation depends on your country and is set during onboarding.

You confirm that your organisation is a genuine charity, not-for-profit or equivalent organisation, that it is registered with the relevant regulator in its country where registration is required, and that it is in good standing. You confirm that you are permitted to raise funds for the purposes you describe, and that all the information you give us during onboarding and afterwards is true and current. You will tell us promptly if any of this changes, including a change to your registration, your bank or payment account, or your authorised contacts.

You consent to Synergaid verifying your organisation. This includes checking your registration against public charity registers, verifying your identity and payment account through our payment provider, and screening your organisation and its responsible people against sanctions and watchlists, both when you join and on an ongoing basis. You agree that Synergaid may pause your payouts or your ability to receive donations, and may hold funds, where a screening returns a possible match, where a screening is out of date, or where Synergaid reasonably suspects a breach of law or of this agreement. Synergaid will act reasonably and will restore normal operation once a concern is resolved. Our anti-money-laundering approach is described on our website.

Synergaid takes no commission from your donations. The platform fee is zero.

Donors may add an optional tip to support the platform. Any tip is separate from the donation and belongs to Synergaid. The tip is never taken from your donation.

Card and payment processing fees are charged by our payment provider and are deducted from each donation before it settles to your organisation, so your organisation receives the donation amount less that fee. Hiba Gifts adds no platform fee on top. This is shown clearly to the donor before they pay.

Your donations settle to your account under the model that applies to your country, as described in clause 1. Currency conversion, where it happens, is handled by the payment provider, and any conversion cost is disclosed.

Funds are held for at least 14 days after a donation is made, to allow for refunds and disputes, and are then paid out weekly on Fridays, after deducting applicable processing fees. If you need a different payout schedule, contact us; the 14-day hold always applies. The amounts you receive do not change.

You will use donations only for the charitable purposes you describe and for which the donations were given. You will respond to reasonable donor queries about your organisation and its work. You will keep your registration, your details and your payment account current. You will comply with all laws that apply to your organisation, including fundraising, tax, consumer and data-protection laws in the places where you operate. You will not use the platform for any purpose that breaches our Acceptable Use policy.

You grant Synergaid a limited, non-exclusive, revocable licence to display your organisation's name, logo, registration details and campaign information for the purpose of operating the platform, showing your presence on it, and promoting the platform and your campaigns. You confirm that you own or are licensed to use these materials, and that our agreed use of them does not infringe anyone's rights. This licence ends when this agreement ends, except for materials already included in completed donations and records. You may ask us to stop using specific materials at any time, and we will do so within a reasonable period.

Each party is responsible for handling personal information in line with the data-protection laws that apply to it. Synergaid handles donor and recipient information as described in our Privacy Policy. Where you receive personal information about a donor or a recipient through the platform, you must handle it lawfully, use it only for the purpose for which it was shared, and keep it secure. You may use donor details only to acknowledge a donation, handle a receipt or answer a query about it. You must not send a donor marketing, appeals or impact updates unless that donor has agreed.

Donors may choose to keep the donation amount hidden from the recipient of a gift card. The amount is hidden by default. You will respect this choice and will not disclose a hidden amount to a recipient.

Refunds are handled in line with our Refund Policy. Where a donation is processed as a direct charge on your own account, a refund or a card chargeback reduces your account balance, and you are responsible for that amount, with the platform as a backstop only as our payment provider requires. You will cooperate with us in good faith to respond to disputes and to provide any information a card network or regulator reasonably requires.

You are responsible for your own tax status and for your own receipts. Hiba Gifts sends the donor a payment receipt recording the charity, the amount and the date. That is not a tax receipt: Synergaid does not issue tax receipts and does not certify your tax status. If a donor asks you for a receipt for tax purposes, whether to issue one is your decision and your responsibility. You will not describe donations made through the Platform as tax-deductible unless your organisation holds the endorsement that allows it.

Synergaid may pause your payouts, pause your ability to receive donations, or hold funds, where this is needed for compliance, for a sanctions or fraud concern, for a dispute, or where we reasonably suspect misuse or a breach of this agreement. We will act reasonably and will tell you why, unless the law prevents us.

Either party may end this agreement by giving the other reasonable notice. Synergaid may end it immediately where you are in serious breach, where your registration is revoked, or where continuing would break the law or expose donors to harm. When this agreement ends, we stop accepting new donations for your organisation. Donations already settled to your account remain yours, subject to any compliance hold. Donations in progress are completed or refunded in line with our Refund Policy.

You are responsible for holding and keeping current any charitable-solicitation, fundraising or equivalent registration that your organisation needs in the places where it operates and receives donations. Synergaid is responsible for holding any platform-level registration that the platform itself is required to hold as a fundraising or charitable-fundraising platform. Each party will give the other reasonable help and information to meet these obligations.

Nothing in this agreement excludes any liability that cannot be excluded by law, including rights you may have under mandatory consumer or charity law. Subject to that, neither party is liable to the other for indirect or consequential loss, and each party's total liability is limited to a fair and reasonable amount having regard to the nature of the platform and the fact that Synergaid takes no commission. You will indemnify Synergaid against losses that arise from your misrepresentation, your misuse of the platform, your breach of this agreement, or your breach of a law that applies to your organisation. Synergaid provides the platform with reasonable care and skill, and does not warrant that it will be uninterrupted or error-free.

We may update this agreement from time to time. Where a change is material, we will tell you at least 30 days before it takes effect, and ask you to accept the new version in your portal. Until then, the version you have accepted still applies. If you have not accepted the new version by the date it takes effect, you will not receive new donations until you do. Where a change is minor, your continued use of the platform is your acceptance of it. The version you have accepted, and the date, are recorded, and the current version is always available on our website.

This agreement is governed by the law of Queensland, Australia, and each party submits to the courts of that place, except where a mandatory law of your own country gives you rights that cannot be set aside. If you have a concern, please raise it with us first through our Complaints process.

Your organisation and Synergaid are independent. This agreement does not make either party the partner, agent or employee of the other, and neither may bind the other. You may not transfer this agreement without our consent. Synergaid may transfer it to a related company or a successor on notice to you. If any part of this agreement is found to be invalid, the rest continues. This agreement, together with the policies it refers to, is the whole agreement between the parties about the platform. Notices are given through the contact details each party keeps current on the platform.

This agreement should be read with the platform's Terms of Service, Privacy Policy, Refund Policy, Acceptable Use policy, Receipts, Anti-Money-Laundering statement, Security information and Complaints process, each available on our website. Where a policy is more specific, that policy applies to its subject.