Kelly Westlake - Mongol Derby 2024

Community Fundraising Terms & Conditions

These terms and conditions set out requirements of fundraising for Gidget Foundation as an individual in the community. By registering as a Gidget Foundation fundraiser, you agree to these terms and conditions. If you don’t agree, unfortunately you won’t be able to fundraise for us.

If you are under the age of 18, you must ensure that these terms and conditions are accepted by your parent or guardian on your behalf.

If you don’t comply with the agreement you may be de-registered as a Gidget Foundation fundraiser and be prevented from conducting further Fundraising Activities.

1.     Definitions

“Agreement” or “terms and conditions” means these Community Fundraising Terms and Conditions.

“Child” means a person under the age of 16 years.

"Donor" means an individual or their legal representative or other entity that donates to Gidget Foundation.

"Donation" means a voluntary contribution or bequest of money, property, goods, or services to Gidget Foundation for the purpose of furthering its objectives.

“Fundraising” or to “Fundraise” means conducting a Fundraising Activity as a fundraiser.

“Fundraiser” means a person who conducts Fundraising Activities.

"Fundraising Activity" means an event or activity (single or ongoing) where a person solicits or receives money, property, or other benefits from another for the support of Gidget Foundation. 

"Gidget Foundation”, “we”, “us” or “our” means Gidget Foundation Australia. ABN 52 160 202 960 | CFN 2078. Address: Gidget House, 34A McLaren Street, NORTH SYDNEY, NSW, 2060. Contact Phone: 1300 851 758 Website: https://www.gidgetfoundation.org.au/. 

“Register”, “registering” or “registered” means to register, registering or to be registered as a Gidget Foundation fundraiser with authorisation from Gidget Foundation to conduct Fundraising Activities. The registration form to be a Gidget Foundation fundraiser is found online at https://fundraise.gidgetfoundation.org.au/get-involved/fundraise-for-us. 

2.     General

We only authorise registered Gidget Foundation Fundraisers to conduct Fundraising Activities.

The funds you raise on behalf of Gidget Foundation go directly to helping us provide mental health care. Your contribution supports the emotional wellbeing of expectant and new parents by ensuring they receive timely, appropriate, and specialist care. 

Examples of Fundraising Activities we have authorised previously: 

·       Morning teas, trivia nights, movie nights, gala dinners or event launches

·       Selling goods or services such as pens, chocolates, cake stalls or a car wash 

·       Seeking donations to sponsor a person participating in an event such as a marathon or fun run. 

We do not and will not approve roadside/highway collections, door knocking or cold calling, risky or extreme activities or other events or activities that may negatively impact the reputation of Gidget Foundation.  

3.     Conduct  

All Fundraising Activities are conducted in the name of the Fundraiser and will be the sole responsibility of the Fundraiser. Unless we agree otherwise, Gidget Foundation will not be responsible for coordinating any Fundraising Activities and you must make it clear in any dealings that you are not our agent or representative.

At all times before, during and after your Fundraising Activity, you must conduct yourself in a manner that reflects the values and objectives of Gidget Foundation and does not harm or diminish Gidget Foundation’s reputation in the community or mislead or deceive the public. You must also ensure that each person involved in your Fundraising Activity conducts themselves ethically and respectfully.  

You must ensure your employees, agents, partners, volunteers, contractors, and associates do not claim to represent Gidget Foundation or claim to have authority to act on behalf of Gidget Foundation.

You must not solicit public donations through general door-to-door, roadside/highway, or telephone collections or in public places such as shopping centres or public transport.

Fundraisers under 18 years old must have an adult with them when conducting Fundraising Activities.  

When conducting Fundraising Activities, you must always acknowledge and comply with the following from any person you solicit from:

• Refusal to donate

• Request not to receive future solicitations (including marketing and promotional materials)

• Request to be contacted at a more convenient time or by a different means

• Request to limit the number, type or frequency of solicitations.

You must never place undue or unreasonable pressure on a person, or act unconscionably in any way when conducting Fundraising Activities.

4.     Using the Gidget Foundation brand

Once registered as a Gidget Foundation Fundraiser, you will have the right to use the Gidget Foundation name and logo in connection with your Fundraising Activity when undertaken in accordance with this agreement. This limited right to use the Gidget Foundation name and logo is granted only to you and is not transferable to any third party.  

You must not use any other intellectual property of Gidget Foundation without the written consent of Gidget Foundation.  

If we direct you to stop using Gidget Foundation’s intellectual property (including the name or logo), you must do so immediately. 

5.     Promotional material  

All promotional and media materials that you create or arrange and interviews that you hold which relates to a Fundraising Activity must be true and accurate. You must never mislead, deceive, or knowingly use false or inaccurate information when fundraising for Gidget Foundation.

Your name, your role as a registered Gidget Foundation Fundraiser, as well as the name and contact details of Gidget Foundation must be clearly and individually identifiable to the public on all promotional material.

If we supply you with any promotional material, you must use that promotional material only for the authorised Fundraising Activity. You must return any unused promotional material to Gidget Foundation upon our request.  

You must obtain our approval before publishing any promotional material, including any changes to any promotional material, for your Fundraising Activity (including invitations, advertisements, and website copy) that includes Gidget Foundation’s name or logo.

Any promotional material related to your Fundraising Activity that uses Gidget Foundation’s name and logo must state the words ‘Proudly Supporting’ or similar before the logo and include a statement that all funds raised go directly to Gidget Foundation. 

The promotional material or the name of your Fundraising Activity must not imply that Gidget Foundation is the organiser (eg. ‘Gidget Foundation Australia Morning Tea’).

6.     Costs and benefits  

You are responsible for all financial aspects associated with any Fundraising Activity you conduct. You will not be entitled to receive any commission, wage, or fee for your fundraising for a Gidget Foundation-affiliated event. 

If you are organising a raffle or auction, we encourage all prizes or auctioned items to be sourced from donations made for conducting your Fundraising Activity.

7.     Tax deductible receipt

All donations over $2 are tax-deductible.

Every Donor will automatically receive a tax receipt from Gidget Foundation if the Fundraiser provides relevant contact information to Gidget Foundation. You must not issue receipts on our behalf.

If the Donor receives goods or services in return for their donation, it will not be tax deductible. 

8.     Proceeds

You must only give proceeds raised from your Fundraising Activities as a Gidget Foundation Fundraiser to Gidget Foundation and not any other person unless Gidget Foundation has given you consent to do so, or as otherwise permitted by law.

If any Donations are received directly to the Fundraiser, these must be registered on the platform and transferred to Gidget Foundation within five business days of receipt.

9.     Records and reporting  

You must keep accurate books and records relating to your Fundraising Activity and the funds you raise, including any records required by any charitable fundraising licence or authority and all other records we may reasonably require. You must provide copies of those books and records to Gidget Foundation upon request.  

All written records of Fundraising Activities must be easily read and understood.

Upon our request, you must permit a representative of Gidget Foundation to view your books and records (at a reasonable time agreed between both parties) to verify the amount to be paid to the Foundation in connection with your Fundraising Activity.  

10.  Complying with laws  

When fundraising for Gidget Foundation, you must comply with all relevant National, State and Territory laws and regulations, as well as any conditions of Gidget Foundation’s licences to fundraise that apply to you or your Fundraising Activity (this includes any addition to those conditions and any variation or deletion of them).

You are responsible for organising permits and licenses or obtaining authority to fundraise where necessary for Fundraising Activities such as raffles or competitions. To learn more about fundraising legislation in your State or Territory, please see these links to relevant state and territory fundraising regulators. 

For more information on state fundraising laws see for instance:  

NSW;

·       https://www.acnc.gov.au/fundraising-new-south-wales

·       Charitable Fundraising Act 1991 (NSW)

·       Charitable Fundraising Regulation 2021 (NSW)

VIC

·       https://www.acnc.gov.au/fundraising-new-south-wales

·       Fundraising Act 1998 (VIC)

·       Fundraising Regulations 2019 (VIC)

QLD

·       https://www.acnc.gov.au/fundraising-queensland  

·       Collections Act 1996 (QLD)

·       Collections Regulation 2008 (QLD)

WA

·       https://www.acnc.gov.au/fundraising-western-australia

·       Charitable Collections Act 1946 (WA)

·       Charitable Collections Regulations 1947 (WA)

TAS

·       https://www.acnc.gov.au/fundraising-tasmania  

·       Collections for Charities Act 2001 (Tas)

·       Collections for Charities Regulations 2021 (TAS)

SA

·       https://www.acnc.gov.au/fundraising-south-australia  

·       Collections or Charitable Purposes Act 1939 (SA)

ACT

·       https://www.acnc.gov.au/fundraising-australian-capital-territory  

·       Charitable Collections Act 2003 (ACT)

·       Charitable Collections Regulation 2003 (ACT)

11.  Complaints  

If you receive a complaint or grievance from a member of the public, or an employee relating to you as a Gidget Foundation Fundraiser or your Fundraising Activity, you must notify us as soon as possible. You must use your best endeavours to resolve the complaint or grievance as quickly as possible and, at the latest, within 60 days of the day you first received the complaint or grievance.  

12.  Indemnity and Liability

To the maximum extent permitted by law, Gidget Foundation accepts no responsibility for any loss, damage, liability, cost, expense, or injury, occupational, health, safety and welfare claims arising from any Fundraising Activity. You are responsible for ensuring the safety of your staff , any attendees of your Fundraising Activity, and any other person in connection with your Fundraising Activity, including providing first aid services if needed. You agree to assume all risk to both you and your property for your Fundraising Activities.

13.  Insurance

You are responsible for obtaining and maintaining appropriate insurance for your Fundraising Activities, including public liability insurance. Gidget Foundation’s insurance policy does not cover Gidget Foundation Fundraisers and you are responsible for obtaining your own insurance coverage as you consider appropriate. Gidget Foundation is not liable for assessing or managing any risks associated with your Fundraising Activity.

14.  Dispute resolution  

If a dispute arises between us, either party may give the other written notice of the dispute. Once that notice is given, you or a representative on your behalf must, within seven days, meet with Gidget Foundation to attempt to resolve the dispute.  

Neither you or Gidget Foundation may commence court proceedings or arbitration relating to a dispute without having used best endeavours to resolve the dispute as set out here. If the matter is urgent, either party may commence court proceedings only to seek urgent interlocutory relief about the dispute.  

15.  Participation of Children

A Child must have the express permission of a parent or guardian before conducting any Fundraising Activities and must be adequately supervised and cared for when conducting Fundraising Activities.

As each State and Territory has different laws, you must review and comply with all relevant National, State and Territory laws and regulations in relation to the participation of Children within your Fundraising Activities.

16.  Termination 

We may review and cancel any Fundraising Activity within three business days of authorisation if we believe the Fundraising Activity is inappropriate, or harms or diminishes Gidget Foundation’s reputation in the community.  

Either you or Gidget Foundation may terminate the agreement by giving the other party 10 days' written notice. Terminating the agreement does not affect any rights or obligations arising before the termination date.  

If you breach the agreement, Gidget Foundation may:

a.     withdraw our authorisation for you to fundraise or conduct a Fundraising Activity;

b.     de-register you as a Gidget Foundation Fundraiser; and/or

c.      immediately terminate the agreement by giving you written notice.

On termination of this agreement, you must register and transfer any outstanding Donations within five business days.

17.  Privacy

If Gidget Foundation collects your personal information, Gidget Foundation will send you information about how your personal information is collected, used and your privacy rights. Information about your privacy is available at https://www.gidgetfoundation.org.au/privacy-policy