Terms & Conditions
HOPE BELIEVE SHINE FOUNDATION FUNDRAISING TERMS AND CONDITIONS
- General obligations
You wish to conduct a fundraising activity or event (Activity) for the benefit of the Hope Believe Shine Foundation (Us, We or Our).
You understand that in undertaking the Activity:
- You are conducting the Activity at Your own risk and cost;
- You must act in a professional manner, exercising all due care and skill;
- You must not make any written or oral statements regarding the Activity which You know, or could reasonably know, are false or misleading; and
- You must not act in any manner or do any act which may or has the potential to bring the character or reputation of the Hope Believe Shine Foundation into disrepute.
To conduct the Activity, You must first obtain approval from Us. To apply for approval, You must provide Us with a clear written description of the nature, scope and duration of Your proposed Activity and if requested by Us, a budget for the proposed Activity.
When considering whether to approve Your application, We will consider, among other things, whether Your proposed Activity is consistent with the values and philosophy of the Hope Believe Shine Foundation.
Any issue of an approval to fundraise is at Our absolute discretion. We may withdraw or cancel an approval to fundraise or to conduct an Activity at any time by notice to You without any liability to You.
You must not approach companies for sponsorship of any type without first obtaining written approval from Us or if doing so has been approved by Us as part of the Activity approval process. Such approval may list particular companies or a particular class of company that You can approach.
- Use of Information Gathered
The Hope Believe Shine Foundation places importance and emphasis on the confidentiality of an individual's private and sensitive information.
- Compliance with laws
Fundraising activities are regulated by legislation throughout Australia, including the Charitable Fundraising Act 1991 (NSW), Charitable Collections Act 2003 (ACT), Collections Act 1966 (Qld), Collections for Charitable Purposes Act 1939 (SA), Fundraising Act 1998 (Vic) and Charitable Collections Act 1946 (WA).
You participate in the Activity on Your own behalf and at Your own risk. It is Your responsibility to comply with all legislation and legal requirements relating to the Activity.
We suggest contacting the relevant authority in Your jurisdiction to confirm any particulars as some jurisdictions (such as Victoria) may require You to hold Your own fundraising licence for the purposes of conducting the Activity.
You understand that certain Activities require specific permits and licences. For example, permits may be required for the following Activities:
- street collections;
- holding an event on public land;
- serving food or alcohol to the public;
- playing music; or
- displaying signs and banners.
In addition, there may be obligations or conditions attached to the permit or licence that You must legally comply with. Accordingly, We recommend that You contact the relevant local council to determine whether any permits or licences are required for the proposed Activity.
We also suggest that You seek guidance as to Your legal obligations from the relevant Government department(s) or a lawyer. This document should not be relied upon as a description of Your obligations.
By agreeing to these terms and conditions You warrant to Us that You hold all appropriate licences to conduct the Activity.
The Hope Believe Shine Foundation and its respective employees and agents shall have no liability for any costs, losses or damages of any kind, which You may incur, arising either directly or indirectly from Your access and use of Our website or Your conduct of the Activity.
5. Parental consent
Any person under the age of 16 involved in conducting an Activity is required to have parental consent to participate in the Activity and to be appropriately supervised by an adult. The child participant must be able to contact his or her parents during the Activity. Where a child is under the age of 12, they must only use this website under the direct supervision of a parent or carer. We may refuse access to the website to any child under the age of 16 until we receive permission from their parent or guardian.
6. Insurance and indemnity
You are solely responsible for obtaining Your own insurance coverage as You consider appropriate for Your Activity.
You understand that the Hope Believe Shine Foundation does not provide any insurance cover (including public liability insurance) for third party fundraising events, including the Activity.
You indemnify Us and Our personnel on demand from and against all claims, proceedings, litigation, investigations, loss, damage, cost, expense, judgment or damages which We may pay, sustain or incur arising from any injury to any person (including death) or any damage to any property where such injury or damage was caused by any act or omission of Yours or Your personnel in connection with the performance or non-performance of Your obligations under this agreement and in connection with the Activity.
7. Proceeds from offline events
All proceeds of Activity are to be kept in a secure location and banked into a bank account nominated by Hope Believe Shine Foundation.
We request that You bank the proceeds within 5 working days of receiving the funds.
You must also return the following documents to Hope Believe Shine Foundation within 7 working days of the conclusion of the Activity:
- a document detailing all income and expenditure; and
- copies of receipts evidencing all expenditure.
We will issue You with an appropriate receipt once We receive the above information. Individual donor receipts can only be issued in certain circumstances. If a donor is eligible to receive a receipt please ensure that You collect their name, address, phone number and the donation amount.
You agree that any bank accounts set up by You in connection with the Activity must not be in the name of or reference Hope Believe Shine Foundation or imply any connection to Hope Believe Shine Foundation.
All costs and debts associated with the Activity are Your responsibility and We will not be liable for any financial loss suffered by You or those you involve.
8. Credit Cards and Refunds
You agree not to use an invalid or unauthorised credit card. The Hope Believe Shine Foundation is under no obligation to provide refunds. Decisions regarding refunds will be made at the discretion of Hope Believe Shine Foundation management.
- Trademarks and media
Unless indicated otherwise all information contained on this website including text, images, graphics, audio and video clips and all intellectual property rights, including copyright, is owned by and proprietary to the Hope Believe Shine Foundation. Any promotional material, advertisements or media releases in relation to the Activity must be submitted to Hope Believe Shine Foundation for Our written approval before public circulation.
Hope Believe Shine Foundation’s logo is a registered trade mark. You must not use the logo or the name of Hope Believe Shine Foundation on any material in connection with the Activity without Our prior written approval.
You must conduct the Activity in Your own name and under no circumstance can You hold out that the event is being held in Our name.
You can say that the funds raised from the Activity are to be donated to the Hope Believe Shine Foundation.
- We may, but are not obliged to, make merchandise available for the Activity.
- We will not be responsible for providing You with any assistance with the Activity unless We agree to do so at Our sole discretion.
- You must keep proper accounts and records in accordance with relevant laws in relation to the Activity.
- You grant to Us the right to inspect any records held by You in connection with the Activity.