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Terms & Conditions

Ripple Effect Foundation - DIY Fundraising Terms And Conditions 

Effective Date:17/03/2024 

1. Welcome to the Ripple Effect Foundation (REF) DIY Fundraising Platform (Platform), powered by Funraisin. These Terms and Conditions govern your use of our Platform and participation in personal challenges to support mental health and well-being. 

1. By accessing or using this Platform, you are deemed to have read, understood and accepted these Terms and Conditions. If you do not accept these Terms and Conditions, please do not proceed with fundraising activities. 

Eligibility & Participation 

1. To create or participate in a fundraising campaign for REWC you must: 

1. be at least 18 years of age or have permission from your parent or guardian; 

1. agree to provide accurate and truthful information about your fundraising campaign; and 

1. ensure your campaign aligns with REWC’s mission of promoting mental health and well-being. 

1. REWC acts solely as a fundraising facilitator and does not endorse, sponsor, or assume responsibility for the execution of individual campaigns. 

Fundraising Obligations 

1. All funds raised through the Platform must be used solely for the intended charitable purpose and directed to REWC. 

All donations are considered final and non-refundable, except as required by law. However, in compliance with Australian Consumer Law or otherwise at REWC's discretion, refund requests may be considered if: 

1. a duplicate transaction was processed; 

1. a fraudulent transaction was identified; or 

1. a technical error resulted in an incorrect donation amount. 

1. REWC and Funraisin are not responsible for chargebacks or disputes initiated through third-party payment providers (e.g., PayPal, Visa, Mastercard). These disputes must be handled directly with the donor’s financial institution. 

1. You must not misrepresent the purpose of your campaign. REWC reserves the right to review, modify, or remove any fundraising campaign that violates these Terms and Conditions. 

1. As REWC holds fundraising licenses for all states in Australia, fundraisers must comply with any additional state-specific requirements that may apply to their campaigns. 

Terms of Use for the Platform 

1. You must not: 

1. modify, hack, reverse engineer, or tamper with any part of the Platform; 

1. engage in activities that violate Australian privacy or cyber laws (Privacy Act 1988 (Cth)) or cybercrime laws (Cybercrime Act 2001 (Cth)); 

1. upload content that infringes on intellectual property rights; or  

1. use the Platform to send spam or conduct fraudulent activities. 

1. You are responsible for ensuring that your fundraising campaign, including all text, images, videos, and statements, complies with all applicable laws, including those related to advertising, privacy, and defamation. 

1. You may not post, share, or promote on the Platform or anywhere else any content that is misleading, offensive, defamatory, or in violation of any third-party rights. 

1. REWC reserves the right to remove any content that it deems inappropriate or misaligned with its values. 

Liability Disclaimer 

1. To the fullest extent permitted by law, you agree to release and discharge REWC, its board members, employees, affiliates, and service providers (including Funraisin) from any claims, liabilities or damages arising out of or related to any loss, damage, or injury, including but not limited to personal injury, property damage, financial loss, or reputational harm arising directly or indirectly from your fundraising campaign, including any DIY fundraising challenges or related activities. 
    

1. Participants acknowledge that fundraising challenges may involve physical activities and inherent risks. By participating in any fundraising challenges, you assume full responsibility for your safety and compliance with all applicable laws, including health and safety regulations. 
    

1. If your fundraising campaign or challenge includes any physical activity (e.g., running, cycling, swimming, fitness challenges), you must acknowledge and accept that: 

1. you participate at your own risk, and REWC bears no responsibility for any injury, health complications, or other harm suffered; 

1. REWC strongly recommends consulting a medical professional before undertaking any strenuous physical challenge; and 

1. a separate waiver of liability may be required before engaging in certain activities promoted on the Platform. 

1. REWC is not responsible for any third-party disputes, fraudulent fundraising activities, or misrepresentation by fundraisers. 

Indemnity 

1. You agree to indemnify, defend, and hold harmless REWC, its board members, directors, employees, affiliates, and service providers (including Funraisin) from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of: 

1. your use of the Platform; 

1. any breach of these Terms and Conditions;  

1. any third-party claims related to your fundraising campaign, including intellectual property disputes or regulatory violations; or 

1. any injury, loss, or damage arising out of or in connection with your fundraising campaign. 
    

1. This indemnification obligation applies regardless of any alleged negligence by REWC but does not extend to liability resulting from REWC’s wilful misconduct or fraud. 

Use of Personal Information 

1. You acknowledge and agree that: 

1. by creating a fundraising campaign, you consent to REWC and Funraisin collecting and processing your personal data in accordance with its Privacy Policy; 

1. your information may be used to contact you about your campaign, provide fundraising support, and for marketing or promotional purposes; and 

1. unless you have indicated on the Platform that you do not agree to receive notifications, you also acknowledge that you may receive fundraising information from REWC and Funraisin by SMS and email. 

Fund Distribution 

1. By participating, you consent to the Platform distributing funds raised during your campagin to a mental health beneficiary, cause, or initiative of its choice, at its sole discretion. 

Compliance with laws 

1. You are solely responsible for ensuring that your activities relating to your fundraising campaign comply with all applicable laws and regulations, including but not limited to: 

1. obtaining permits for public fundraising events; 

1. complying with health and safety requirements for physical challenges or events; and 

1. securing approvals from third parties (e.g., event venues, local councils) where required. 

1. REWC does not verify or monitor individual fundraising activities and is not responsible for ensuring compliance with regulatory requirements. 

1. If your fundraising campaign is found to violate legal or regulatory obligations, REWC reserves the right to terminate the campaign and report the violation to relevant authorities if required. 

Termination and Modification 

1. REWC may modify these Terms and Conditions at any time. Updated terms will be posted on the Platform, and continued use constitutes acceptance of the changes. 

1. REWC may terminate or suspend your fundraising campaign for any reason, including violations of these Terms and Conditions. 

Governing Law and Dispute Resolution 

1. These Terms and Conditions are governed by the laws of the State of Queensland, Australia. By participating in a fundraising campaign, you agree that any disputes shall be subject to the exclusive jurisdiction of the courts of Queensland. If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in effect and enforceable in all Australian states and territories.  

1. If you disagree with a decision made by REWC regarding your use of the Platform or your fundraising campaign (e.g. refunds, eligibility), the following dispute resolution process applies: 

1. Written Complaint: You must submit a written complaint via the contact form on https://rewc.com.au within 14 days of the disputed decision. 

1. Internal Review: REWC will conduct an internal review of the complaint and respond within 10 business days. 

1. Escalation: If the issue remains unresolved, you may seek mediation through an independent dispute resolution provider. 

1. External Appeal (if required): If mediation does not result in a resolution, you may may lodge a formal complaint with the relevant consumer protection body (e.g., ACCC, Fair Trading NSW). 

1. This process does not affect your rights under Australian Consumer Law. 

Limitation of Liability 

1. To the fullest extent permitted by law, REWC’s total liability to you under these Terms and Conditions shall be limited to the amount of donations raised by you through the Platform in the preceding six (6) months. 

Contact Information 

1. For questions regarding these Terms and Conditions, contact us via the website at https://rewc.com.au.