Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form an agreement between you and RaffleSwap Pty Ltd (ACN 700 559 342), trading as RaffleSwap Australia ("RaffleSwap", "we", "us", "our"). By creating an account or using the RaffleSwap Australia platform ("Platform"), you agree to be bound by these Terms. If you do not agree, you must not use the Platform. These Terms apply to all charity users, education partner users, corporate/business users, and visitors to the Platform.

2. Platform Purpose

Environmental information distinguishes indicative production/material benchmarks for current remaining stock from reuse-benefit estimates for completed transfers. Production models may use assumed materials and platform-estimated weights; they are not supplier-verified product footprints, emissions savings, offsets or carbon credits. Sources, assumptions and limitations are supplied with the estimates and in eligible CSR/impact reports. Completed-transfer evidence is preserved separately and historical gaps are not reconstructed from current listings. Non-physical listings are excluded from physical-goods calculations.

RaffleSwap Australia is a digital goods exchange platform operated by RaffleSwap Pty Ltd that enables:

• DGR-registered charities to swap surplus donated goods with other registered charities and education partners using a points-based system
• Approved educational institutions to swap surplus donated goods with registered charities and other education partners using the points-based system
• Registered Australian businesses to contribute surplus goods or equipment to approved charities and education partners without buying or selling those goods through the Platform

Goods exchanges use RaffleSwap points; tiered subscriptions cover platform services. The points system is non-monetary and cannot be redeemed for cash. Optional paid plans and account credit top-ups are separate account-service payments and are not payments for goods.

3. Eligibility

Charity accounts:

• You must be a Deductible Gift Recipient (DGR) registered charity under Australian law
• You must provide a valid DGR registration number
• Your registration is subject to admin approval and verification against the ACNC and ATO DGR registers
• The Platform is available to Australian organisations only

Education partner accounts:

• You must be an Australian educational institution (including primary schools, secondary schools, K–12 schools, TAFEs, universities, early childhood centres, special education schools, and community colleges)
• A DGR number or ABN is not required to register
• Your registration is subject to admin approval and verification
• The Platform is available to Australian organisations only

Business/corporate accounts:

• You must be a business registered in Australia with a valid Australian Business Number (ABN)
• Your ABN will be verified against the Australian Business Register (ABR)
• Your registration is subject to admin approval

4. Points System

• Charities and education partners earn points by listing goods on the Platform
• Points are used to request goods from other approved organisations
• Points have no monetary value and cannot be exchanged for cash or any other consideration
• Point values are set by the Platform administrator and may change with notice
• Points may be transferred only through supported Platform trades and points-donation features
• Businesses can donate available points to registered charities or approved education partners from their dashboard. Business accounts cannot use points to receive or swap goods. Approved charities and schools use points for goods exchanges. Subscription and account-service fees are separate from goods donations.
• RaffleSwap reserves the right to adjust points balances to correct errors
• Tax note: Points are a platform facilitation tool only. They do not constitute income, a financial product, or a fringe benefit. Tax treatment of any goods exchange depends on your organisation's individual circumstances — please consult your accountant or the ATO.

5. Listings and Goods — Lister Obligations

All organisations listing goods on the Platform act as the supplier of those goods for the purposes of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL). As a lister, you:

• Must ensure all goods are accurately described, including condition, quantity, and estimated value — misleading or deceptive descriptions may constitute a breach of ACL s18
• Must not list prohibited, illegal, counterfeit, unsafe, or recalled goods
• Must not list broken or unhygienic goods. Each item donated should be in its original packaging, sealed and clean.
• Must ensure goods comply with all applicable Australian safety standards and mandatory safety requirements under the ACL
• Must not list goods subject to any current product recall notice issued by the ACCC or a relevant Commonwealth or State authority
• Must ensure food items comply with the Australia New Zealand Food Standards Code and applicable State food safety legislation
• Remain solely responsible for the condition and fitness for purpose of goods you list
• Retain all statutory obligations as supplier under the ACL, including mandatory safety obligations, irrespective of any limitation in these Terms
• Acknowledge that RaffleSwap may remove any listing that violates these Terms without notice

6. Product Safety and Recalls

• If you become aware that goods you have listed or traded are subject to a product recall, you must notify RaffleSwap immediately at support@raffleswap.com.au
• RaffleSwap will remove affected listings and, where possible, notify counterparties to any completed trades involving recalled goods
• You are solely responsible for managing any recall obligations with respect to goods you have supplied, in accordance with ACL Division 3 (Recall of consumer goods)
• RaffleSwap co-operates with ACCC investigations and will comply with any recall notice or enforcement action directed at the Platform

7. Trades and Claims

• Once a trade is accepted, the relevant points are deducted and the transaction is binding
• The two parties — including charity-to-charity, business-to-charity, business-to-education partner and charity-to-education partner — arrange pickup, delivery or shipping logistics directly between themselves
• Contact information is shared between parties only upon trade or claim acceptance
• If goods received are defective, dangerous, or materially different from the listing description, the recipient must first raise the dispute directly with the lister in good faith
• If goods are found to be unsafe or present a risk of injury, parties must notify RaffleSwap immediately and, where required by law, notify the ACCC via the Product Safety Australia portal
• RaffleSwap does not handle, inspect, or transport goods, and is not a party to any trade or donation claim
• Nothing in these Terms limits any right a party may have under the ACL, including any statutory guarantee that cannot be excluded by contract

8. False and Misleading Conduct

The Australian Consumer Law (ACL, Schedule 2 to the Competition and Consumer Act 2010 (Cth)) prohibits misleading or deceptive conduct and false representations in trade or commerce. Accordingly:

• You must not make false, misleading, or deceptive statements about goods you list, including misrepresenting condition, provenance, authenticity, estimated value, or compliance with safety standards
• You must not falsely represent your organisation's DGR status, ABN, ACNC registration, or institution type
• You must not engage in conduct that is unconscionable under ACL Part 2-2
• RaffleSwap may suspend or terminate accounts where misleading conduct is suspected, and may report serious breaches to the ACCC
• You indemnify RaffleSwap against any claim, loss, or liability arising from a third party's reliance on false or misleading content you have submitted to the Platform

9. Account Responsibilities

• You are responsible for maintaining the security of your account credentials
• You must notify us immediately at support@raffleswap.com.au if you believe your account has been compromised
• You are responsible for all activity that occurs under your account
• You must keep your organisation's contact and registration details accurate and up to date
• Each organisation may maintain only one account on the Platform

10. Prohibited Uses

You must not:

• Use the Platform for any commercial resale of goods
• Misrepresent your organisation's DGR status, ABN, ACNC registration, or institution type
• List goods subject to a current product safety recall
• Attempt to circumvent the points system
• Upload harmful, offensive, or misleading content
• Interfere with the Platform's operation or security
• Use automated bots or scrapers on the Platform
• Collect other users' personal information without consent
• Engage in any activity that violates Australian law, including the ACL, Competition and Consumer Act 2010 (Cth), or applicable State fair trading legislation

11. Tax Considerations

Non-cash gifts to DGR charities: Donations of goods to registered DGR charities may be deductible under the Income Tax Assessment Act 1997 (Cth). However, the ATO's rules for non-cash gifts are specific:

• For property valued at more than $5,000, an independent valuation by a Taxation Valuation-qualified valuer is generally required (ITAA 1997 s30-212)
• The "estimated value" figures submitted by donors and displayed on the Platform are not ATO-compliant independent valuations and must not be used as the sole basis for a tax deduction claim
• A deduction may not be available where the donor receives a material benefit in return for the donation

Fringe Benefits Tax (FBT): Where a business donates goods or gifted points that may benefit its employees (directly or indirectly), FBT implications under the Fringe Benefits Tax Assessment Act 1986 (Cth) may arise. Businesses should seek advice from a registered tax agent regarding any FBT exposure before listing goods or gifting points.

Charities and education partners: The tax treatment of goods received through trades will depend on each organisation's tax status and the nature of the goods. DGR charities and income-tax-exempt organisations should confirm the treatment with their accountant.

RaffleSwap does not provide tax, financial, or legal advice. Nothing on this Platform constitutes such advice. Always consult a registered tax agent or the ATO directly regarding your specific circumstances.

12. Raffles, Lotteries and Gaming Permits

Many organisations use goods acquired through the Platform as prizes in raffles, lotteries, or other games of chance. Raffles and lotteries are regulated separately in each Australian state and territory, and in most cases a permit, licence, or registration is required before conducting a raffle (thresholds and exemptions vary by jurisdiction and by the total prize value).

Your organisation is solely responsible for obtaining any raffle, lottery, or gaming permit, licence, or authority required in your state or territory before using goods acquired through the Platform in any raffle or game of chance. RaffleSwap does not verify, arrange, or hold any gaming permits on your behalf, is not a party to any raffle you conduct, and accepts no liability for any raffle conducted without the required authority.

The applicable legislation and regulator in each jurisdiction is summarised below. This summary is general information only, may change, and is not legal advice — always confirm current requirements with your regulator.

13. Charitable Fundraising Licensing

Separate from gaming permits, most states and territories also regulate charitable fundraising generally. If your organisation solicits donations or conducts fundraising appeals (including fundraising events that use goods acquired through the Platform), you are solely responsible for holding any charitable fundraising licence, registration, or authority required in each state or territory where you fundraise — including under the Charitable Fundraising Act 1991 (NSW), the Fundraising Act 1998 (VIC), applicable Queensland fundraising legislation, the Charitable Collections Act 1946 (WA), the Collections for Charities Act 2001 (TAS), and the Charitable Collections Act 2003 (ACT). ACNC-registered charities may qualify for exemptions or streamlined reporting in some jurisdictions — check with each relevant state regulator.

14. Indemnity

You agree to indemnify, defend, and hold harmless RaffleSwap Pty Ltd, trading as RaffleSwap Australia, and its directors, officers, and employees from and against any claim, loss, damage, liability, cost, or expense (including reasonable legal fees) arising out of or relating to:

• Goods you list, supply, or exchange through the Platform, including any claim arising from defective, dangerous, or misdescribed goods
• Your breach of these Terms or any applicable Australian law, including the ACL
• Any misleading or deceptive conduct on your part in connection with the Platform
• Any personal injury or property damage caused by goods you have supplied through the Platform

16. Content and Intellectual Property

• You retain ownership of content you upload (logos, photos, descriptions)
• By uploading content, you grant RaffleSwap a non-exclusive licence to display it on the Platform
• The RaffleSwap name, logo, and Platform design are the intellectual property of RaffleSwap Australia

17. Account Suspension and Termination

• RaffleSwap may suspend or terminate any account that violates these Terms
• RaffleSwap may suspend accounts pending investigation of reported misconduct, defective goods complaints, or product safety concerns
• You may delete your own account at any time via the Danger Zone in your dashboard
• Upon termination, your data is handled in accordance with our Privacy Policy

18. Disclaimer and Limitation of Liability

The Platform is provided "as is." RaffleSwap does not warrant that:

• Goods listed are accurately described, fit for purpose, or safe
• The Platform will be available without interruption
• All listed organisations are validly DGR-registered or ACNC-registered at any given time

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL that cannot lawfully be excluded or limited. Where ACL consumer guarantees apply to a service supplied by RaffleSwap, RaffleSwap's liability is limited (to the extent permitted by law) to the resupply of the relevant Platform service or payment of the cost of resupply.

To the maximum extent permitted by law, RaffleSwap is not liable for any indirect, consequential, special, incidental, or economic loss arising from:

• Use of the Platform or goods exchanged through it
• Defective, dangerous, or misdescribed goods supplied by another user
• Any reliance on estimated values, CSR reports, or other data generated by the Platform

19. Dispute Resolution

We encourage all parties to resolve disputes directly and in good faith. If you are unable to resolve a dispute with another Platform user:

• Contact our support team at support@raffleswap.com.au — we will assist in facilitating communication between parties but cannot act as arbitrator or guarantor of outcome
• For consumer law complaints (including defective goods or misleading conduct), you may contact the ACCC or your State/Territory fair trading office
• For product safety issues or recalls, contact the ACCC's Product Safety team or report via productsafety.gov.au

20. Changes to These Terms

We may update these Terms from time to time. We will notify affected organisations by email at least 30 days before a material change to subscription prices or billing terms takes effect, explain the change, and allow cancellation of the next renewal without a cancellation fee. Changes will not increase a price during an already prepaid period or override the notice and consent commitments in section 15. Continued use, silence, or preregistration is not consent to begin a paid subscription or to a new payment mandate. Other significant changes will be communicated through the Platform or by email, without limiting rights under the Australian Consumer Law.

21. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland, without limiting any rights you may have under the ACL or other mandatory Australian consumer protection legislation.

22. Contact

For questions about these Terms, contact: