FUNDRAISING Terms and Conditions
our obligations as a fundraiser
Cure Cancer is a charity organisation that supports innovative and high-achieving early-career cancer researchers.
Cure Cancer is a health promotion charity, promoting national awareness and fundraising initiatives aimed at inspiring all Australians to help fund a cure for cancer by championing a FUNDRAISING activity.
Any individual or organisation (the Fundraiser) can organise a FUNDRAISING activity to raise funds for Cure Cancer.
By registering to fundraise, the Fundraiser warrants and represents that they:
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 and the Fundraiser in relation to the FUNDRAISING activity.
Will conduct their FUNDRAISING activity in accordance with these terms and conditions in a manner which upholds the integrity, professionalism and values of Cure Cancer.
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 until it has received an ‘Authority to Fundraise’ letter or email from Cure Cancer. The ‘Authority to Fundraise’ will be sent to the Fundraiser by Cure Cancer after the Fundraiser has completed the registration form on the website or Cure Cancer has received a written and signed application form from the Fundraiser.
The FUNDRAISING activity shall be conducted in the Fundraiser’s name and, as between the Fundraiser and Cure Cancer, the FUNDRAISING activity will be conducted at the sole risk and responsibility of the Fundraiser.
Cure Cancer is not able to provide any assistance for the FUNDRAISING activity and cannot assist in soliciting prizes, organising publicity or providing goods or services for the Fundraiser’s FUNDRAISING activity.
If there is a suspected or actual breach by the Fundraiser of the terms or conditions in these Terms of Agreement, Cure Cancer 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 reserves the right to withdraw its ‘Authority to Fundraise’ for their FUNDRAISING activity at any time if, in its absolute discretion, the Fundraiser or the FUNDRAISING activity continues to fail to adhere to any of the terms or conditions in these Terms of Agreement. In such an activity, Cure Cancer will not be responsible for any loss, damage, costs or expenses incurred by the Fundraiser in respect of the FUNDRAISING activity whatsoever.
Compliance with the Laws
The Fundraiser’s FUNDRAISING activity 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 may be made available to regulatory authorities as required by law.
Cure Cancer 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 FUNDRAISING activity.
References to Cure Cancer
If the Fundraiser wishes to refer to or promote Cure Cancer, it must refer to Cure Cancer as “Cure Cancer”.
Using the Cure Cancer name and trade mark
Please remember that the Fundraiser’s FUNDRAISING activity will not be held by Cure Cancer but, rather, will be an activity held by the Fundraiser to raise funds for donation to Cure Cancer.
The Fundraiser acknowledges and agrees that in addition to all registered and unregistered intellectual property rights in Cure Cancer trade mark and branding, all intellectual property in the FUNDRAISING trade mark and branding are the property of Cure Cancer, whether registered or unregistered.
If you intend to use Cure Cancer branding or trademarks to raise awareness and promote your FUNDRAISING activity, all materials on which the aforementioned branding or trademarks will be applied must first be approved in writing by Cure Cancer prior to any printing or circulation, and may be subject to conditions imposed at the sole discretion of Cure Cancer.
Cure Cancer is unable to provide any insurance coverage to you for the FUNDRAISING activity. We encourage you to make your own enquiries as to the type of policies and the level of cover required for your FUNDRAISING activity, if required.
By registering to fundraise on the FUNDRAISING website, the Fundraiser warrants and represents that, as between the Fundraiser and Cure Cancer, the Fundraiser acknowledges and agrees to be responsible for all the risks and responsibilities associated with the organisation, promotion and hosting of the FUNDRAISING activity and irrevocably releases Cure Cancer 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 FUNDRAISING activity.
Finances and record keeping
The financial aspects of fundraising, raffles, record keeping and management of the FUNDRAISING activity 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, the Fundraiser agrees that they will be responsible for all costs associated with the FUNDRAISING activity and that they will take all reasonable steps to ensure that a reasonable amount of funds is raised from their activity. As a guide, the Fundraiser should take all reasonable steps to ensure that all costs and expenses of hosting the FUNDRAISING activity do not amount to more than 40% of the gross proceeds of the activity.
Cure Cancer will not pay any expenses incurred by the Fundraiser in connection with the FUNDRAISING activity, but the Fundraiser can deduct their necessary expenses from the proceeds of the activity, provided that they are properly documented.
The Fundraiser agrees to donate the net proceeds of their FUNDRAISING activity to Cure Cancer within 4 weeks of holding the activity.
Donations can be made as follows:
Online donations through the Cure Cancer website: https://www.curecancer.com.au/donate; or
Offline donations via bank transfer or deposit into Cure Cancer’s bank account. For more information please go call 1300 134 567 or email email@example.com
Cure Cancer 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 by contacting Cure Cancer on 1300 134 567 or email firstname.lastname@example.org. The Fundraiser warrants and represents to Cure Cancer 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. 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 FUNDRAISING activity (with all expenses in organising, promoting and hosting the activity 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 FUNDRAISING activity, 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.
If you have any questions regarding the terms and conditions in these Terms of Agreement or in relation to the conduct of your FUNDRAISING activity, please contact 1300 134 567 or email email@example.com
25 February 2019