TERMS & CONDITIONS
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Your obligations as a fundraiser
Cure Cancer Australia Foundation is a charity organisation that supports innovative and high-achieving early-career cancer researchers.
BARBECURE is a national awareness and fundraising initiative aimed at inspiring all Australians to help fund a cure for cancer by hosting a barbecue event.
Any individual or organisation (the Fundraiser) can organise a BARBECURE event to raise funds for Cure Cancer Australia Foundation.
By registering to fundraise on the BARBECURE website, the Fundraiser warrants and represents that they:
1. have read, understood and accepted these terms and conditions and, agree that, thereafter, these terms and conditions will form the basis of any dealings between Cure Cancer Australia Foundation and the Fundraiser in relation to the BARBECURE event.
2. will conduct their BARBECURE event in accordance with these terms and conditions in a manner which upholds the integrity, professionalism and values of Cure Cancer Australia Foundation.
Authority to fundraise
Regulation and best practice in Australia require any individual or person purporting to fundraise for a charitable organisation to have an ‘Authority to Fundraise’ issued by that charitable organisation, which authorises them to conduct fundraising activities on behalf of that organisation. Accordingly, the Fundraiser is not authorised to fundraise for the benefit of Cure Cancer Australia Foundation until it has received an ‘Authority to Fundraise’ email from Cure Cancer Australia Foundation. The ‘Authority to Fundraise’ will be sent to the Fundraiser by Cure Cancer Australia Foundation after the Fundraiser has completed the online registration form on the BARBECURE website or Cure Cancer Australia Foundation has received a written and signed application form from the Fundraiser.
The BARBECURE event shall be conducted in the Fundraiser’s name and, as between the Fundraiser and Cure Cancer Australia Foundation, the BARBECURE event will be conducted at the sole risk and responsibility of the Fundraiser.
Cure Cancer Australia Foundation is not able to provide any assistance for the BARBECURE event and cannot assist in soliciting prizes, organising publicity or providing goods or services for the Fundraiser’s BARBECURE event.
If there is a suspected or actual breach by the Fundraiser of the terms or conditions in these Terms of Agreement, Cure Cancer Australia Foundation will notify the Fundraiser of the particulars of the suspected or actual breach and will give the Fundraiser the opportunity to remedy the breach within 5 working days in the jurisdiction where the Fundraiser is located. Thereafter, the Fundraiser acknowledges and agrees that Cure Cancer Australia Foundation reserves the right to withdraw its ‘Authority to Fundraise’ for their BARBECURE event at any time if, in its absolute discretion, the Fundraiser or the BARBECURE event continues to fail to adhere to any of the terms or conditions in these Terms of Agreement. In such an event, Cure Cancer Australia Foundation will not be responsible for any loss, damage, costs or expenses incurred by the Fundraiser in respect of the BARBECURE event whatsoever.
Compliance with the Laws
The Fundraiser’s BARBECURE event must meet the requirements of all applicable Commonwealth, State and Territory laws and regulations in which it is hosted. This includes, but is not limited to, the applicable charitable fundraising and privacy legislation in those jurisdictions. The Fundraiser acknowledges that the information that the Fundraiser provides to Cure Cancer Australia Foundation may be made available to regulatory authorities as required by law.
Cure Cancer Australia Foundation does not provide legal advice regarding compliance with these laws and regulations and the Fundraiser is encouraged to seek its own independent legal advice in relation to the conduct of their BARBECURE event.
References to Cure Cancer Australia Foundation
If the Fundraiser wishes to refer to or promote Cure Cancer Australia Foundation, it must refer to Cure Cancer Australia Foundation as “Cure Cancer Australia”.
Using the Cure Cancer Australia Foundation name and trade mark
Please remember that the Fundraiser’s BARBECURE event will not be held by Cure Cancer Australia Foundation but, rather, will be an event held by the Fundraiser to raise funds for donation to Cure Cancer Australia Foundation.
The Fundraiser acknowledges and agrees that in addition to all registered and unregistered intellectual property rights in Cure Cancer Australia Foundation’s trade mark and branding, all intellectual property in the BARBECURE trade mark and branding are the property of Cure Cancer Australia Foundation, whether registered or unregistered.
If you intend to use Cure Cancer Australia Foundation and/or the BARBECURE branding or trademarks to raise awareness and promote your BARBECURE event, all materials on which the aforementioned branding or trademarks will be applied must first be approved in writing by Cure Cancer Australia Foundation prior to any printing or circulation, and may be subject to conditions imposed at the sole discretion of Cure Cancer Australia Foundation.
Cure Cancer Australia Foundation is unable to provide any insurance coverage to you for the BARBECURE event. We encourage you to make your own enquiries as to the type of policies and the level of cover required for your BARBECURE event, if required.
By registering to fundraise on the BARBECURE website, the Fundraiser warrants and represents that, as between the Fundraiser and Cure Cancer Australia Foundation, the Fundraiser acknowledges and agrees to be responsible for all the risks and responsibilities associated with the organisation, promotion and hosting of the BARBECURE event and irrevocably releases Cure Cancer Australia Foundation from any and all claims (including third party claims) for any damage, loss, cost, expense or injury whatsoever arising out of or in connection with the Fundraiser’s BARBECURE event.
Finances and record keeping
The financial aspects of fundraising, raffles, record keeping and management of the BARBECURE event are entirely the responsibility of the Fundraiser and the Fundraiser must comply with the relevant State or Territory laws and regulations in this respect.
By registering to fundraise on the BARBECURE website, the Fundraiser agrees that they will be responsible for all costs associated with the BARBECURE event and that they will take all reasonable steps to ensure that a reasonable amount of funds are raised from their event. As a guide, the Fundraiser should take all reasonable steps to ensure that all costs and expenses of hosting the BARBECURE event do not amount to more than 40% of the gross proceeds of the event.
Cure Cancer Australia Foundation will not pay any expenses incurred by the Fundraiser in connection with the BARBECURE event, but the Fundraiser can deduct their necessary expenses from the proceeds of the event, provided that they are properly documented.
The Fundraiser agrees to donate the net proceeds of their BARBECURE event to Cure Cancer Australia Foundation within 4 weeks of holding the event.
Donations can be made as follows:
1. Online donations through the BARBECURE website: https://www.barbecure.com.au/; or
2. Offline donations via bank transfer or deposit into Cure Cancer Australia Foundation’s bank account. For more information please go to: https://www.barbecure.com.au/offline-donations.
Cure Cancer Australia Foundation can provide official receipts to attendees/supporters eligible for a tax-deductible receipt. Tax-deductible receipts can only be issued to people donating an amount of AUD$2 or more.
The Fundraiser must keep a register of all attendees/supporters eligible for a tax-deductible receipt on the register, available at https://www.barbecure.com.au/offline-donations. The Fundraiser warrants and represents to Cure Cancer Australia Foundation that they have obtained the consent of the attendees/supporters for their personal information to be stored on the register for the purposes of issuing a receipt to that attendee/supporter.
Individual receipts will be sent to the attendees/supporters directly from Cure Cancer Australia Foundation. It is the responsibility of the Fundraiser to understand the circumstances when a receipt can be issued, and to whom.
Please note that attendees/supporters participating in the following fundraising activities are not eligible for a tax-deduction: ticket purchases (e.g. raffle), donations of goods or services or auction purchases.
For the avoidance of doubt, the deposit of a lump sum comprising the aggregate of the donations received by the Fundraiser from attendees/supporters of the Fundraiser’s BARBECURE event (with all expenses in organising, promoting and hosting the event deducted) does not entitle the Fundraiser to a tax deduction.
If you have any further questions regarding the tax deductibility of any aspect of your BARBECURE event, we encourage you to seek independent tax advice.
If any term or condition of these Terms of Agreement (or any part of any term or condition) is held to be illegal, void, invalid or unenforceable, that term or condition (or relevant part) will be severed from these Terms of Agreement and the legality, validity and enforceability of the remainder of these Terms of Agreement will not be affected.
These Terms of Agreement are governed by, and must be construed with reference to, the laws of the State of New South Wales and the Commonwealth of Australia and you must submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.
No waiver of any term or condition of these Terms of Agreement will be effective unless specifically agreed in writing by Cure Cancer Australia Foundation.
If you have any questions regarding the terms and conditions in these Terms of Agreement or in relation to the conduct of your BARBECURE event, please contact 1300 134 567 or email firstname.lastname@example.org
Cure Cancer Australia Foundation
20 December 2016