Terms and Conditions

1. Introduction

Overview of the platform’s purpose and scope.
This funding platform is designed to support the ongoing development and maintenance of the Moodle open-source initiatives (Initiatives) through voluntary financial contributions (Contribution/Contributions). While suggestions from the Moodle community (Community) will be considered when making decisions about the Initiatives to be funded and the allocation of funds between Initiatives, all Contributions will be made by users (Users/You) and accepted by Moodle Pty Ltd (ABN 55 116 513 636) (Moodle/Us/We) on the basis that those decisions will be made by Moodle. At the time of making Contributions You will be able to request Us to allocate Your Contribution to a particular existing Initiative. If You don’t make a request of that kind when making Your Contribution, or if you do but Moodle is unable or unwilling to satisfy Your request, We will allocate Your Contribution to one or more existing or future Initiatives.

2. Acceptance of Terms of Use & Amendments

  1. By accessing or using the platform website (https://fund.moodle.org/), or by making Contributions, You acknowledge that You have read, understood, and agree to be bound by these Terms of Use.
  2. These Terms of Use are subject to amendment from time to time. Any amendments will be published at (https://fund.moodle.org/) and We will also notify You of amendments by email. You will be treated as having consented to the amended Terms of Use by continuing to access or use the Website after any such email notice is sent to You. When making Contributions, You will also be treated as having been aware of any amendments that We have notified You about by email. 

3. Contributions

  1. All Contributions are treated as having been made and accepted in accordance with these Terms of Use.
  2. At the time of making Contributions You will be able to request Us to allocate Your Contributions to a particular existing Initiative. If you don’t make a request of that kind, or if You do make a request but Moodle is unable or unwilling to satisfy Your request, your Contributions will be treated as general purpose Contributions that We will allocate amongst existing or future Initiatives (see immediately below). 
  3. While suggestions from the Community will be encouraged and considered by Us, and while requests about the allocation of Contributions may be made by You at the time of contributing, all Contributions will be made by You and accepted by Us on the basis that decisions about the nature of the Initiatives to be funded and the allocation of funds between Initiatives will be made by Us.
  4. Contributions are not refundable unless there was a transaction error or in a case of demonstrated hardship. Application for refunds in cases of hardship must be made in writing with supporting evidence attached and will be considered by Moodle on a case by case basis. Moodle’s decision on the basis of all such written applications will be final.  
  5. We will maintain a record of current Initiatives and (including where overall contributed amounts will be subject to change) We will maintain a record of the approximate amounts contributed and allocated towards each Initiative at (https://fund.moodle.org/product-category/monthly-initiative/). The record of current Initiatives will be updated at least quarterly and the record of the amounts contributed and allocated towards each Initiative will be updated at least quarterly.
  6. Subject to any direction from You to the contrary in writing, and subject to compliance with applicable privacy laws, Your Contribution may be acknowledged on the Website.
  7. The parties do not intend that Contributions should qualify under Western Australia law, or under any other Australian law, as charitable gifts or charitable donations of any kind. You should always obtain and rely on Your own independent advice about the possibility of any Contributions qualifying in Your particular case as expenditure which may be deducted on other grounds from assessable amounts under Your own jurisdiction’s tax or revenue laws. 

4. Account and User Information

  1. To obtain access and use the Website, You must complete the signup form to Moodle’s satisfaction.
  2. You warrant that all information provided to Moodle is true, accurate and complete.
  3. Account information, including personal information (Data) that You upload or submit may be processed and stored on servers outside Your country, and You explicitly consent to this occurring.
  4. These Terms of Use also incorporate Our Privacy Notice, Cookies Policy and Our Data Processing Agreement linked to at https://moodle.com/privacy-notice/.
  5. We will use and maintain reasonable security systems for the transmission of Data, consisting of encryption and firewall technologies that are generally used to provide security for the transmission of such information over the Internet.
  6. You must keep Your username and password secure and confidential and You must advise Us immediately by email at privacy@moodle.com if You become aware of any unauthorised use of Your account or password.

5. Use of Platform

  1. Users can access and use the Website via their own ability to access a network and their ability to access an internet enabled device. We can only provide support about access issues to Users who are unsuccessfully attempting to access the Website via our recommended browsers while using a stable internet connection of sufficient bandwidth to access sites of the kind linked to in these Terms of Use.
  2. While using the Website You can: (i) manage log in details; (ii) review available information about current and planned Initiatives and the funds contributed and allocated to various Initiatives; (iii) make Contributions; and (iv) make requests about the allocation of Your Contributions to an existing Project.
  3. We do not warrant that access to the Website will be available without interruption. Access may be unavailable due to maintenance or other development activity. Where possible, We will provide advance notice to You of any planned maintenance or development activity via email or on the Website.
  4. Where Your use of the Website involves third party products or services, including payment platforms and services of any such type (Third Party Products), the providers of those Third Party Products will be treated by the parties as being solely responsible for the quality, reliability or failure of their Third Party Products.
  5. Subject to (d) above, Contributions may ordinarily be made through the Website by using credit and debit cards processed through Stripe, or by direct bank transfers. 
  6. You will not attempt to circumvent or disable the Website or any technology features or measures in the Website by any means or in any manner.
  7. You will not attempt to modify, adapt or reproduce the Website except as necessary to use it in its usual way (as indicated in 5(b) above).
  8. You will not attempt to undermine the security or integrity of the Website or Moodle’s servers or computing systems or any third party’s computing systems and networks.
  9. You will not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access (as indicated in 5(b) above).
  10. You must not post, upload, publish, submit or transmit any content, or use the Website in any way, that:
    1. infringes, misappropriates, or violates any third party or Moodle intellectual property rights;
    2. is defamatory, libellous, threatening, harassing, harmful to minors, or pornographic;
    3. contains hateful, abusive, obscene, or violent content;
    4. attempts to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer, or database connected to the Site;
    5. generates or facilitates sending unsolicited email or deploys any robot, spider, or site/search retrieval application;
    6. contains or distributes any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data, or information;
    7. attempts to or does mine or forge cryptocurrencies, enable illegal file sharing; or
    8. restricts or inhibits any other user from using the Site by “hacking”, “cracking”, “spoofing”, or defacing any portions of the Site; or
    9. undermines our Responsible Disclosure Guidelines. If you wish to report security issues you should follow those Guidelines.
  11. Any breach by You of this clause (Use of platform) or the previous clause (Account and user information) will entitle Moodle, at its discretion, to suspend or terminate Your access to the Website.

6. Notices to Users

Any notice required or permitted to be given to You under these Terms of Use or any communication otherwise made in connection with Contributions will be sent to the email address appearing in Your account information.

7. Governing law and venue

These Terms of Use will be governed by and construed and interpreted in accordance with the laws of Western Australia. Subject to completion of the steps in clause 8 below, the parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia. Notwithstanding the foregoing, the parties may separately agree that any proceedings may be instituted or continued in another mutually convenient alternative forum or jurisdiction.

8. Dispute Resolution

Any dispute concerning these Terms of Use or Contributions must be initiated in accordance with the following dispute resolution procedure:

  1. The initiating party (Complainant) must outline the dispute and the outcome sought in writing within 28 days of the circumstances giving rise to the dispute (Complaint) and serve the Complaint on the other party by email (Dispute Notice);
  2. Where You are the Complainant, the Complaint must include an explanation of any reasons why clause 9 (Liability) does not exclude the possibility of any type of claim by You against Moodle;
  3. The parties agree to meet in good faith to seek to resolve the dispute within 28 days of the Dispute Notice being received by the other party; and
  4. If the Parties cannot resolve the dispute within 60 days of the Dispute Notice being served, either Party may pursue the matter as it sees fit.

9. Liability

The making of Contributions (Event 1) and Moodle’s acceptance of them (Event 2) are not intended to create any type of legal relationship between You and Moodle, and Moodle will not be liable for any type of harm or loss that is alleged to arise from Event 1 or Event 2, or from a combination of Event 1 and Event 2.