Terms & Conditions
Fundraising Terms and Conditions
The Hospital Research Foundation Inc. (ABN 86 248 830 078) (The Hospital Research Foundation Group, THRF Group).
A third-party individual, group or organisation may host, or participate in, fundraising activities and/or events for the purpose of fundraising for THRF Group (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 - Fundraising activities and/or events
1.1 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.
2 - 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 THRF Group 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 THRF Group;
(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 THRF Group) 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, THRF Group 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). THRF Group 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 THRF Group values and does not bring THRF Group 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 THRF Group;
(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 THRF Group to the Fundraiser; and
(3) must obtain THRF Group’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 6.2, THRF Group 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.
3 - Authority to fundraise
3.1 Before commencing any fundraising activity or event, you must:
(a) with respect to any Fundraiser Hosted Event or THRF Group Event, complete a ‘Fundraising Registration’ form on THRF Group website at give.hospitalresearch.org.au
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 THRF Group; 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, THRF Group 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 THRF Group.
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 THRF Group.
4 - Donations
4.1 All fundraising donations for the Fundraiser Hosted Event must be made through the host’s online event fundraising page on Funraisin - www.funraisin.co (Funraisin ABN 90 1476 291 50). The Privacy Policy for Funraisin can be viewed here: https://www.funraisin.co/privacy-policy.
4.2 All fundraising donations will be received by THRF Group. THRF Group is a deductible gift recipient and donations over $2 are tax deductible. When a donor donates $2 or more online to a fundraisers fundraising page, an automatic tax-deductible receipt will be issued to the donor’s nominated email address.
4.3 Donations will not be refunded in any circumstances, including where a host is unable to participate in the campaign or in the case of cancellation.
5 - Your Personal Information
5.1 By registering for a Fundraiser Hosted Event and/or activity, you consent to being contacted by THRF Group regarding the Event, and to communicate with you about donations, tax receipts, lotteries, products, services, campaigns, grants, events, surveys and the impact of our work. This includes email marketing and other digital marketing and advertising.
5.2 You may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.
5.3 For information about how we collect and handle your personal information please refer to our Privacy Policy, which can be found at https://hospitalresearch.org.au/privacy-policy/
6 - Miscellaneous
6.1 To the maximum extent permitted by law, THRF Group 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 THRF Group 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.
6.2 You agree to indemnify, and keep indemnified, THRF Group 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.
6.3 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.
7 - Use of THRF Group website and its content
7.1 Whilst THRF Group makes all reasonable efforts to ensure the accuracy of the materials, THRF Group does not warrant or represent the accuracy, completeness or suitability for your intended use of any information or materials on the THRF Group website at https://www.hospitalresearch.org.au/ (Website) or the THRF Group Fundraising Hub at give.hospitalresearch.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 THRF Group, or posted on the Website, by you as a user of the Website (User Content); and
(b) any content made available by THRF Group via the Website (including but not limited to information, data, documents, images, photographs, graphics, audio, videos, or webcasts) (Materials).
7.2 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.
7.3 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 THRF Group’s control and THRF Group 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.
7.4 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 THRF Group’s view, inappropriate.
7.5 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 THRF Group, 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.
7.6 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 THRF Group’s opinion the User Content does not comply with these Terms and Conditions.
You agree to the following:
I have read the above terms and conditions of entry and agree to abide by these and all other terms and conditions or directions issued by The Hospital Research Foundation Group.
