Effective date: March 10, 2026.

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These Terms of Service ("Terms") govern your access to and use of the Nearer platform, website, and related services (collectively, the "Platform") operated by Nearer Pty Ltd (ABN: 77 872 764 846) ("Nearer", "we", "us", or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

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1. About Nearer

Nearer is a community fundraising platform that enables merchants to offer customers the option to round up their purchase total at checkout, with the difference directed to a local community cause nominated by the merchant or selected by the customer based on their location. Nearer operates as a technology intermediary connecting merchants, community organisations, and customers.

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2. Who these terms apply to

These Terms apply to all users of the Platform, including:

• Merchants: businesses and individuals who integrate Nearer into their checkout flow.
• Organisers: community groups, sports clubs, schools, and other organisations registered to receive contributions through the Platform.
• Customers: individuals who make purchases through a merchantthat has integrated Nearer.

Different obligations may apply depending on your role. Where additional terms apply to a specific user type, they will be presented at the time of registration or onboarding.

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3. Eligibility

You must be at least 18 years of age to use the Platform as a Merchant or Organiser. By using the Platform, you represent and warrant that you have the legal capacity to enter into a binding agreement under Australian law.

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4. Account registration

To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, complete, and current information during registration and to keep your account credentials secure.

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You are responsible for all activity that occurs under your account. Nearer reserves the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

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5. The round-up mechanic

Nearer facilitates micro contributions at the point of sale. When a customer checks out through a merchant that has enabled Nearer, the customer may be offered the option to round up their purchase total to the nearest dollar, with the difference directed to a nominated community cause.

• Participation by customers is voluntary. No customer isrequired to make a contribution as a condition of completing a purchase.
• Merchants are responsible for presenting the round-up optionaccurately and in compliance with applicable consumer law.
• Contributions are processed subject to applicable platform andpayment processing fees. Net contribution amounts will be disclosed to Organisers through the Platform.

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6. Fees

Nearer charges a platform fee on contributions processed through the Platform. Current fee rates are published on our Pricing page and may be updated from time to time with reasonable notice.

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Payment processing fees charged by third party providers are separate and will be disclosed at the time of onboarding.

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7. Organiser eligibility and responsibilities

Community organisations wishing to receive contributions through the Platform must register and meet Nearer's eligibility criteria, as updated from time to time. Nearer reserves the right to approve or decline any Organiser application at its discretion.

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Organisers agree to use contributions for the purposes stated in their registration and to provide accurate information about their organisation and activities. Nearer is not responsible for how contributions are applied once disbursed to an Organiser.

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8. Merchant Rresponsibilities

Merchants integrating Nearer into their checkout flow agree to implement the integration accurately, present the round up option clearly and without misleading framing, and comply with all applicable laws including the Australian Consumer Law.

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Merchants must not represent that contributions are tax deductible unless Nearer has confirmed in writing that the relevant Organiser holds Deductible Gift Recipient status.

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9. Intellectual property

All intellectual property rights in the Platform, including software, design, trademarks, and content, are owned by or licensed to Nearer Pty Ltd. You must not reproduce, distribute, or create derivative works from any part of the Platform without our prior written consent.

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By submitting content to the Platform, including organisation descriptions and logos, you grant Nearer a non exclusive, royalty free licence to use that content for the purposes of operating and promoting the Platform.

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10. Privacy

Nearer collects and handles personal information in accordance with our Privacy Policy. By using the Platform, you consent to the collection and use of your information as described in that policy.

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11. Disclaimers

The Platform is provided on an "as is" basis. To the maximum extent permitted by law, Nearer makes no warranties, express or implied, regarding the Platform, including its availability, accuracy, or fitness for a particular purpose.

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Nearer does not guarantee that any specific amount of contributions will be raised by any Organiser, or that the Platform will be uninterrupted or error free.

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12. Limitation of liability

To the maximum extent permitted by Australian law, Nearer's liability to you for any loss or damage arising from your use of the Platform is limited to the total fees paid by you to Nearer in the three months preceding the relevant claim.

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Nearer is not liable for any indirect, consequential, special, or punitive loss or damage.

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Nothing in these Terms limits any rights you may have under the Australian Consumer Law that cannot be excluded.

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13. Indemnity

You agree to indemnify and hold harmless Nearer, its officers, employees, and contractors from and against any claims, losses, or expenses, including reasonable legal fees, arising from your breach of these Terms or your use of the Platform.

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14. Termination

Nearer may suspend or terminate your access to the Platform at any time for any reason, including breach of these Terms, with or without notice.

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You may terminate your account at any time by contacting us at contact@nearer.to.

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Termination does not affect any rights or obligations that accrued prior to termination

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15. Changes to these terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable notice via email or a prominent notice on the Platform.

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Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms.

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16. Governing Law

These Terms are governed by the laws of Victoria, Australia. You submit to the non exclusive jurisdiction of the courts of Victoria for any disputes arising under or in connection with these Terms.

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17. Contact

For questions about these Terms, please contact us at:

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Nearer Pty Ltd

contact@nearer.to