Flinders Foundation Incorporated (ABN 66 833 644 600) (“Flinders Foundation”)

Fundraising Terms and Conditions

1. General

1.1 Thank you for your interest in Flinders Foundation and its fundraising programs. This document provides you with information on how to participate in fundraising activities and/or events in support of Flinders Foundation. Depending on which activity or event you are involved this information will form part of our fundraising terms and conditions (Terms and Conditions).

1.2 A third-party individual, group or organisation may host, or participate in, fundraising activities and/or events for the purpose of fundraising for Flinders Foundation (Fundraiser or you) in accordance with these Terms and Conditions. By registering and/or participating in such fundraising activity and/or event, the Fundraiser agrees to be bound by these Terms and Conditions.

1.3 To the extent of any inconsistency between these Terms and Conditions and any other document in relation to the fundraising activity and/or event, including without limitation Flinders Foundation’s Fundraising Guidelines, these Terms and Conditions prevail.

2. Fundraising activities and/or events

2.1 You participate in any fundraising activity and/or event:

(a) at your own risk; and

(b) subject to these Terms and Conditions and any other documents provided to you in relation to the relevant fundraising activity and/or event.

Fundraiser hosted events

2.2 You acknowledge and agree that, with respect to any fundraising activity and/or event planned and/or hosted by you (Fundraiser Hosted Event):

(a) subject always to receipt of an ‘Authority to Fundraise’ letter from Flinders Foundation under clause 3, you have the sole responsibility and liability for the planning, marketing, promotion and management of any Fundraiser Hosted Event, including without limitation:

(1) managing all financial aspects, including income and expense record-keeping, management of funds raised and ensuring that all proceeds from the Fundraiser Hosted Event are received by Flinders Foundation;

(2) complying with all legal requirements and regulations in relating to the Fundraiser Hosted Event in your state or territory, which includes (without limitation) the Collection for Charitable Purposes Act 1939 (SA) with respect to the State of South Australia and like legislation in your state or territory;

(3) without limiting clause 2.2(a)(2), obtaining any necessary licences, permits and local council approvals in the name of the Fundraiser (and not in the name of Flinders Foundation) and ensuring that you have sufficient insurance in place (including public liability insurance) in respect of the Fundraiser Hosted Event. For the avoidance of any doubt, Flinders Foundation is not responsible for taking out and/or maintaining any public liability insurance in respect of any Fundraiser Hosted Event;

(4) planning and implementing effective safety and health management procedures and meeting your duty of care to event participants, volunteers, employees, contractors and the public. Without limiting this clause 2.2(a)(4), the Fundraiser must comply with all local laws and restrictions in relation to any communicable diseases (including, without limitation, COVID-19). Flinders Foundation is not in any way responsible for the health and safety of any Fundraiser Hosted Event; and

(5) ensuring that all fundraising at any Fundraiser Hosted Event aligns with Flinders Foundation’s values and does not bring Flinders Foundation into disrepute;

(b) with respect to any marketing and/or promotional materials relating to the Fundraiser Hosted Event:

(1) the Fundraiser must not use any intellectual property (including any trade mark) on any marketing and promotional materials without the prior written consent of Flinders Foundation;

(2) subject to receiving the consent under clause 2.2(b)(1), the Fundraiser must not alter or adapt any intellectual property and must only use it in the form (including as to any specified proportions) provided or made available by Flinders Foundation to the Fundraiser; and

(3) must obtain Flinders Foundation’s written approval prior to distributing any marketing and promotional materials (including, for instance, invitations, media release, posters, letters, signs and certificates of appreciation) designed and/or produced by the Fundraiser in respect of the Fundraiser Hosted Event; and

(c) without limiting clause 5.2, Flinders Foundation excludes all liability is not liable for any death, injury, loss or damage to property or person, whether direct, indirect, special or consequential arising out of or in connection with any Fundraiser Hosted Event.

Community events

2.3 You acknowledge and agree that, with respect to any fundraising activity and/or event planned and/or hosted by a third party (other than the Fundraiser) which is open to the public (Community Event):

(a) you must ensure that you are medically fit to participate in a Community Event and that any participation in such event is at your own risk;

(b) you are responsible for:

(1) reading and complying with all terms and conditions issued by the event organiser;

(2) registering your details with the event organiser by the relevant deadline; and

(3) paying any applicable registration fee to the event organiser;

(c) subject always to receipt of an ‘Authority to Fundraise’ letter from Flinders Foundation under clause 3, all fundraising carried out as part of a Community Event:

(1) is in support of, but not organised by, Flinders Foundation;

(2) must align with Flinders Foundation’s values; and

(3) must not bring Flinders Foundation into disrepute; and

(d) Flinders Foundation may, but is not obliged to, offer incentives and/or rewards to Fundraisers for fundraising for any Community Event. Such incentives and/or rewards will be notified in writing to the Fundraiser following registration with Flinders Foundation of the Fundraiser’s desire to participate in the relevant Community Event in support of Flinders Foundation in accordance with clause 3.1(b) below.

Flinders Foundation events

2.4 You acknowledge and agree that, with respect to any fundraising activity and/or event planned and hosted by Flinders Foundation (Flinders Foundation Event):

(a) you must ensure that you are medically fit to participate in the Flinders Foundation Event and that any participation in such event is at your own risk;

(b) you are responsible for registering your details with, and paying any applicable registration fee to, Flinders Foundation by the relevant deadline;

(c) if the Flinders Foundation Event is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Flinders Foundation, Flinders Foundation reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Flinders Foundation Event, as appropriate; and

(d) Fundraisers participating in a Flinders Foundation Event agree and hereby consent that they may be filmed, photographed and/or interviewed and that such material, together with their names, may be used without payment or other compensation by Flinders Foundation, its sponsors and other third parties for any purpose in connection with the Flinders Foundation Event and for future promotional purposes.

3. Authority to fundraise

3.1 Before commencing any fundraising activity or event, you must:

(a) with respect to any Fundraiser Hosted Event or Flinders Foundation Event, complete and return a ‘Fundraising Registration’ form on Flinders Foundation’s website at fundraise.flindersfoundation.org.au

(b) with respect to any Community Event:

(1) register your details with, and pay any applicable registration fee to, the event organiser by the relevant deadline; and, subsequently

(2) complete and return such form(s) available on Flinders Foundation’s website in respect of the relevant event; and

(3) if you would like to support a specific project or cause, seek approval from Flinders Foundation’s Community Engagement Specialist, by phoning (08) 8204 5216 or emailing community@flindersfoundation.org.au; and

(c) be issued with an ‘Authority to Fundraise’ letter by Flinders Foundation, via email to your email address specified in the relevant form on Flinders Foundation’s website.

3.2 The Fundraiser acknowledges and agrees that:

(a) the issue of an ‘Authority to Fundraise’ letter to the Fundraiser is at the sole discretion of Flinders Foundation; and

(b) any ‘Authority to Fundraise’ letter may be revoked at any time for any reason, including without limitation any breach by the Fundraiser of these Terms and Conditions.

3.3 At the time of, or following, the issue of any ‘Authority to Fundraise’ letter to the Fundraiser, Flinders Foundation may provide such other materials and/or information to the Fundraiser, including, for instance, a personal fundraising page for the Fundraiser to raise funds in support of Flinders Foundation.

3.4 Where a personal fundraising page is set up for the Fundraiser, all the Fundraiser’s donations for the relevant fundraising activity and/or event must be directed to such page and any collection of donations other than through the Fundraiser’s personal fundraising page requires the prior screening and approval by Flinders Foundation.

4. Use of Flinders Foundation website and its content

4.1 Whilst Flinders Foundation makes all reasonable efforts to ensure the accuracy of the materials, Flinders Foundation does not warrant or represent the accuracy, completeness or suitability for your intended use of any information or materials on the Flinders Foundation website at https://www.flindersfoundation.org.au/ (Website) or the Flinders Foundation Community Fundraising Hub at fundraise.flindersfoundation.org.au, including without limitation:

(a) any text, information and other submissions (including, without limitation, any creative suggestions, ideas, notes, artwork, drawings, literary works, designs, concepts, content, materials or information of any nature) submitted to Flinders Foundation, or posted on the Website, by you as a user of the Website (User Content); and

(b) any content made available by Flinders Foundation via the Website (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts) (Materials).

4.2 You are responsible for your use of any information or materials obtained from the Website. You should make your own enquiries to check if the information or materials on the Website are accurate, complete and suitable for your intended use.

4.3 The Website may contain links and pointers to internet sites maintained by third parties. These links to third party sites are provided for your convenience. Such links are not under Flinders Foundation’s control and Flinders Foundation is not responsible for the contents (including the accuracy, completeness or suitability for your intended use) of any linked site or any link contained in a linked site. We do not endorse any information on those linked sites or any associated entity, product or service.

4.4 You must not post any User Content that:

(a) may infringe the rights of any other person, including without limitation intellectual property rights;

(b) may defame another person;

(c) may disclose a person's confidential information;

(d) is not accurate, complete or current or may otherwise mislead or deceive other persons;

(e) may contravene your privacy obligations or any other person's privacy obligations;

(f) is illegal or may constitute or encourage any contravention of any applicable laws by any person;

(g) is threatening, offensive or abusive or is intended or likely to threaten, offend or abuse another website user; and

(h) is otherwise, in Flinders Foundation’s view, inappropriate.

4.5 You acknowledge and agree that you are solely responsible for any User Content posted by you and that by posting any User Content, you thereby unconditionally and irrevocably grant (or represent and warrant that the owner of such rights has expressly unconditionally and irrevocably granted) to Flinders Foundation, a worldwide, royalty-free, perpetual and non-exclusive licence to use, reproduce, copy, adapt, store, distribute, print, display, perform, broadcast, publish, communicate to the public, make available to the public or create derivative works of such User Content anywhere, for any purpose and in any form, without any compensation to you.

4.6 We reserve the right to review User Content prior to publication on the Website or any time thereafter and to edit or remove any User Content for any reason whatsoever and without the need to provide any reasons, including without limitation where, in Flinders Foundation’s opinion the User Content does not comply with these Terms and Conditions.

5. Miscellaneous

5.1 All fundraising registration forms become the property of Flinders Foundation. All personal information provided by Fundraisers shall be used by Flinders Foundation for the purposes of assessing the fitness or proprietary for registration and/or conducting any Flinders Foundation Events. This may include providing such information to sponsors and the providers of any or all rewards made available by Flinders Foundation as an incentive for fundraising at any or all of fundraising, community or Flinders Foundation events. Personal information collected from Fundraisers may also be used by Flinders Foundation and sponsors and providers of rewards in the future for promotional, marketing, research and profiling purposes and to contact Fundraisers in relation to Flinders Foundation’s activities or the activities of any sponsor or reward provider. Without limiting the foregoing, Fundraisers acknowledge that Flinders Foundation may share their personal information with others, including those sponsors that provide rewards. Flinders Foundation will otherwise use all information collected from an entrant in accordance with the Flinders Foundation Privacy Policy, a copy of which is available at https://www.flindersfoundation.org.au/privacy-policy/.

5.2 To the maximum extent permitted by law, Flinders Foundation and its officers, employees and agents exclude all liability (including for negligence) for any death, injury, loss or damage to property or person, whether direct, indirect, special or consequential arising out of or in connection with any fundraising activity or event, including without limitation, entry into, attendance and participation in any fundraising activity or event, failure by Flinders Foundation to receive a fundraising registration application, change of date or cancellation of an event or your access to, or use of, the Website, any User Content or any linked site, any change in content of the Website, any decision or action taken by you in reliance on any information or materials on the Website or any error or defect in the Website.

5.3 You agree to indemnify, and keep indemnified, Flinders Foundation and its officers, employees and agents (those indemnified) against all loss or damage of any kind (including liability to a third party) suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with a fundraising activity or event or use of the Website, including any breach of these Terms and Conditions by you, any wilful misconduct by you or any negligent act or omission by you.

5.4 You acknowledge that when participating in any fundraising activity and/or event on behalf of an organisation, you must comply with any policies and procedures of your employer.

5.5 These Terms and Conditions are governed by the laws of the State of South Australia. All Fundraisers irrevocably submit to the exclusive jurisdiction of the courts of the State of South Australia and the courts of appeal from them.

6. Enquiries

If you have any enquiries about these Terms and Conditions, please contact Flinders Foundation by phoning (08) 8204 5216 or emailing info@flindersfoundation.org.au.