Online Fundraising

Terms and Conditions
Terms & Conditions of WalkWest 2015

Privacy

Application

This Privacy Policy and Disclosure Statement explains how The Western Health Foundation ABN 37 867 721 909 (referred to as "The Foundation", "organisers", "we", "our", or "us") collects and protects the privacy of personal information about you, or provided by you, via our website or from other sources.

This Privacy Policy and Disclosure Statement does not apply in relation to acts and practices of The Foundation which relate directly to the employee records of present and former employees of The Foundation.

Collection of Your Personal Information

The Foundation will generally collect personal information about you directly from you when you use this website or deal with us by other means, including over the telephone or by letter or e-mail.  Normally, the type of personal information collected will include your name, address, telephone number and e-mail address..

Disclosure Statement

The Foundation collects personal information for some or all of the following purposes:

-        managing events and activities conducted by The Foundation;

-        providing marketing information to you about the activities of The Foundation; and

-         internal administration, training, assessments and reviews and any other use permitted under this Privacy Policy and Disclosure Statement or by law.

-         If you do not provide any information requested, we may not be able to participate or provide you with information for the purposes outlined above.

We may collect personal information about you from a third party source in this instance Go Fundraise. The Foundation will take reasonable steps to contact you and make you aware of the purposes for which we have collected your personal information.

Use or disclosure of Your Personal Information

The Foundation will use and disclose personal information for the primary purpose for which the personal information was collected or for purposes related to or ancillary to that primary purpose. We do not disclose collected personal information to third parties, other than our consultants or advisers and third parties who conduct activities with us, in this instance Go Fundraise.  For administrative and/or regulatory purposes, some information may be shared with Western Health ABN 61 166 735 672.

The Foundation may, from time to time, engage third party contractors to carry out work for us. Third party contractors will be directed to only use collected personal information about you, for the specific authorised purpose for which that personal information has been supplied by us to the contractor. 

 

Personal Information about Other People

You must not provide personal information to us about another person, unless you are a legal representative of that person or that person has properly authorised you, allowing us to collect, use and disclose personal information about that person for the purposes described in this Privacy Policy and Disclosure Statement.

Access to Personal Information

The Foundation will, upon request, provide you with access to personal information held by us about you, subject to any limitations or exceptions in the Privacy Act.

The Foundation will deal with requests for access within a reasonable time. You may be required to pay The Foundation for any costs incurred in providing you with access.

If The Foundation refuses to provide you with access to personal information about you, we will provide you with reasons for the refusal, in accordance with the requirements of the Privacy Act.

Up-To-Date Information

We will take reasonable steps to ensure that your personal information is up-to-date when collected or used by The Foundation. If any personal information held by us about you is incorrect, you should contact us immediately, so that we can take reasonable steps to update your information.

Security of Personal Information

The Foundation will take reasonable steps to protect your personal information from misuse and unauthorised disclosure.

Personal information about you may be stored in hard copy or electronically in data information storage systems. The Foundation maintains physical security, as well as network and computer security over paper and electronic data information storage systems.

Foreign Countries

The Foundation will not transfer your personal information to foreign countries.

Contacts

You may gain access to your personal information, make a complaint about breach of your privacy rights, or make enquiries about collection or use of your personal information by contacting The Foundation Privacy Officer:

Mail: Western Health Foundation, Sunshine Hospital, 176 Furlong Road, St Albans VIC 3021

Telephone: 03 8395 8061 Fax: 03 8395 8259 Email: foundation@wh.org.au This email address is being protected from spambots. You need JavaScript enabled to view it.

 

The Foundation will endeavour to respond to your query or complaint in a reasonable timeframe.

 

Complaints about The Foundation’s handling of personal and health information can also be made to the Office of the Australian Information Commissioner.

© Western Health Foundation. All rights reserved. No part of this site may be reproduced in any manner without express written permission from Western Health.

 

‘WalkWest’ Terms & Conditions

Transfers, Refunds and Cancellation Policy

Please be advised that that by registering for WalkWest you acknowledge and accept the cancellation terms below:

I hereby understand and acknowledge that all fees and associated costs (including optional product purchases and donations), paid for WalkWest event are, under any circumstances, NON REFUNDABLE, including but not limited to injury, a scheduling conflict, change of venue, event rescheduling and/or event cancellation. I accept that the organisers reserve the right to alter the advertised course, change venues, reschedule or cancel the event altogether if conditions warrant it, or otherwise, at the organisers sole discretion. If the event has to be cancelled due to weather conditions, natural disaster, acts of god, terrorism, war or any other reason deemed reasonable by the event organisers, the event will be re-scheduled where possible. If the event is capable of being rescheduled then at the organiser’s discretion registrations will be deemed valid for the rescheduled event date, subject to any notified conditions. These terms and conditions and any conditions notified at the time of a rescheduling direction shall apply to the rescheduled event.

Registrations are non-transferable.  If you are registering a team, you warrant and acknowledge that all team members are bound by this Transfer, Refund and Cancellation policy.  If you are registering a minor, you warrant that you are a parent or guardian of those minors.

Conditions of Entry

In completing this registration form I hereby declare that I am participating in this event entirely at my own risk. I acknowledge that all persons directly or indirectly involved in organising this event are not liable for any loss or damage suffered by me or other relating to my participation in the event (whether as a result of negligence or otherwise). I agree to indemnify the sponsors, organisers and all officials against any and all claims arising from my participation in the WalkWest Run or Walk. I agree to abide by the rules laid down by the organisers.

Please refer to our website www.walkwest.com.au for a full list of Terms & Conditions or contact us on 1300 079 599

Use of Image: I consent to the event organisers and approved contractors using my name, image, likeness and also my performance in the event, at any time, to promote the event by any form of media.

The following conditions of entry apply to all participants and visitors to WalkWest.

  1. I understand that the organisers reserve the right to alter the advertised course or location, close or withdraw obstacles, to postpone, reschedule or cancel the event if conditions warrant it or otherwise at the organiser’s sole discretion, including for the following reasons: if natural or man-made emergencies make administering the event unreasonable due to weather conditions, natural disaster, acts of god, terrorism, war or any other reason (at the organiser’s sole discretion), and that my entry fee will be non-refundable.
  2. All participants must read and sign the Participants Waiver. All participants under the age of 18 must have a parent or legal guardian read and sign the participant’s waiver on their behalf. You represent that you are the parent or authorised guardian of any children aged 17 and under (‘minors’) accompanying you, and provide these acknowledgments and disclaimers on behalf of yourself and all such accompanying minors. This disclaimer must be received on the day of the race at the registration tent, before any registration packs are handed over to the participant and they can start the race.
  3. I agree to exhibit appropriate behaviour at all times, including obeying all laws event rules and directions of officials and I understand that my entry may be voided if through my actions or behaviour, in the opinions of the organisers, I have broken these rules or brought the event into disrepute. I further understand that the organisers reserve the right to reject any entry without having to justify their actions
  4. I acknowledge that any property or equipment (without limitation) that I bring into WalkWest is at my own risk and release The Western Health Foundation (and its officers, employees, agents and contractors) from and against any claim or liability in relation to loss of or damage to such property, even where such loss or damage is caused by negligence, default or breach of contract by Western Health Foundation (or its officers, employees, agents and contractors)
  5. I grant permission to the Western Health Foundation to use my photograph, video, multimedia and/or likenesses of me captured during the event by Western Health Foundation and its affiliates or contractors without payment and/or compensation to you. These items become the sole property of Western Health Foundation to use for any legitimate purpose, including but not limited to promoting, advertising and marketing activities.

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Limited ACN 125 407 865 of Suite 508, 19A Boundary Street, Rushcutters Bay NSW 2011 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
  2. These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
  3. By Accepting these Terms and Conditions you are also agreeing that you have read and understood our Privacy Policy .

New Zealand Users and NZ Non-Profit Organisations

  1. If You have accessed this website from New Zealand, and/or:
    1. wish to donate to a New Zealand Non-Profit organisation with Registered Charitable Status or Donee Tax Status, the Terms governing Your use of the Platform are here.
    2. you are a Non-Profit Organisation and wish to use the GoFundraise Platform for fundraising, then the Terms for New Zealand will govern Your use of the Platform, and You must also agree to additional terms here.

Overview

  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

  1. GoFundraise charges a small service fee of between 0.49% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary, or Organisation. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Direct donations to a Charity's fundraising portal (located at www.gofundraise.com.au/beneficiaries/search) are charged at the amazingly low administration fee of 0.49% service fee + GST and processing cost. Other transactions are charged at the rate based on their plan.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt) . These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $0.20 fee per beneficiary.
  3. An example of the way this fee structure works for a direct donation to a Charities fundraising portal is as follows:

    Total Donation $30.00
    Administration fee of 0.49% $0.15
    GST @ 10% $0.01
    Credit card processing fee 1.1% $0.33
    Credit card fee per transaction $0.20
    Total fees $0.69
    Donation to charity $29.31
    Charity Reclaim GST $0.04
    Total Net Amount To Charity $29.35
  4. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

  1. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $2.00 AUD.
  2. To cancel a Regular Giving payments the User must email support@gofundraise.com.au or calling 1300 889 272 or + 61 29326 9877. Cancelations take up to 7 working days to take effect.

    Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled.

    It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please call 1300 889 272 or + 61 29326 9877 immediately.

    All receipts will be generated and emailed to you on the day your regular payment is made and are available for download under the Users My Donation and Purchases area.

Ticket Sales and Raffles

  1. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

  1. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:
    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
  5. In addition, You must not use the Platform to:
    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at support@gofundraise.com.au

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.
  2. A notice given in accordance with clause 41 above, will be deemed received:
    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars.
  4. Terms & Conditions updated June 2017