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Terms and Conditions (Fund Raiser / Event Participant)

Introduction

Welcome to the terms and conditions applicable to persons wishing to raise funds for charity by participating in a Big Give2 Event (Event) and by using the fundraising services of the Big Give2 website (www.biggive2.org).
These terms and conditions govern your participation in the Event and your access to and use of the fundraising services of the Website.
Please read and consider these terms and conditions carefully. You will need to agree to all of these terms and conditions to participate in the Event and use the fundraising services of the Website.
The Website is owned and operated by an Australian proprietary limited company called BIG GIVE2 PTY LTD (ABN 38 616 054 730) (Big Give2). The terms "we", "us" and "our" refer to Big Give2 and the terms "you" and "your" refer to any prospective Event participant and user of the fundraising services of the website who accepts these terms and conditions.
You (and if you are under 18 years of age, your parent or guardian on your behalf) acknowledge that by clicking on the "I accept" button, you are agreeing to be legally bound by these terms and conditions and you are immediately entering into a binding and enforceable contract with us in relation to your participation in the Event, your access to and use of the fundraising services of the Website, and any other matter dealt with in these terms and conditions.

Terms and Conditions

1.      Parental supervision and consent
1.1   Any person under 18 years of age who would like to participate in the Event and use the fundraising services of the Website must:
(a)    be authorised to do so by a parent or guardian;
(b)    be adequately supervised by a parent or guardian; and
(c)    obtain the written permission of a parent or guardian before participating or attempting to participate in any Event or using or attempting to use the fundraising services of the Website, in the form of the document located at [insert link] (Parental Consent).
1.2   Big Give2 will only activate your fundraising page once we have received a completed Parental Consent. Please send the completed Parental Consent to:
BIG GIVE2 PTY LTD
Parental Consent
PO Box 803,
Broadbeach Qld 4218
Alternatively, you may email the completed Parental Consent to:
support@biggive2.org

Attention: Parental Consent

1.3   You must be 13 years of age or older to use the fundraising services of the Website.
2.      Use of the Website
2.1   The content of the Website is subject to change without notice.
2.2   Big Give2 reserves the right to modify, suspend or discontinue all or any part of the Website at any time without notifying you.
2.3   You must not use the Website in a manner that causes, or may cause, the Website or access to the Website to be interrupted, impaired or damaged in any way.
2.4   You must not upload onto the Website and material or content that is obscene, defamatory, racist, pornographic or otherwise offensive, or that contravenes any law or regulation or is otherwise unlawful.
2.5   You must not upload onto the Website and material or content that infringes the intellectual property rights of a third party or any right or duty owed to a third party.
2.6   Big Give2 reserve the right to remove any material from any page of the Website without notifying the person or entity who uploaded the material to the Website.
2.7   You must not use the Website to send junk or spam emails.
2.8   You must not access or attempt to access any part of the Website which you are not authorised to access.
2.9   You must not use or attempt to use the Website in a manner or for a purpose that contravenes a law or regulation or is otherwise unlawful.
2.10   You must not use the Website to make any false or misleading statements or to misrepresent your identity or affiliation with any person or organisation.
2.11   You must not receive wages or commission or other material benefit from using the fundraising services of the Website.
3.      Event attendee liability waiver
3.1   To be eligible to participate in the Event you must be comfortable with staying up all night if there is rain hail or wind.
3.2   You acknowledge and accept that your participation in the Event involves a risk of serious injury to yourself, including permanent paralysis or death. You voluntarily and knowingly acknowledge, accept and assume this risk.
3.3   You warrant that, to the best of your knowledge, you are physically fit and able to stay up all night without risking serious injury, including permanent paralysis or death.
3.4   You must follow all instructions given to you by Big Give2 or any of its servants, employees, or agents or any instructors, personnel or volunteers associated with the Event as to when, where, how.
3.5   You acknowledge and accept that neither Big Give2 nor any of its servants, employees, or agents or any instructors, personnel or volunteers associated with the Event shall be responsible or liable or be deemed to be responsible or liable (whether in contract or in tort or under any statute whatsoever) for any injury, illness or other mishap arising out of, in connection with, or in respect of, your participation in the Event.
3.6   You shall at all times release and indemnify Big Give2, its servants, employees and agents and any instructors, personnel or volunteers associated with the Event from and against any loss or liability incurred by Big Give2 or its servants, employees or agents or any instructors, personnel or volunteers associated with the Event arising from any claim, demand, suit, action or proceeding by any person against Big Give2, its servants, employees or agents or any instructors, personnel or volunteers associated with the Event where such loss or liability arose out of, in connection with, or in respect of, your participation in the Event.
3.7   You acknowledge and accept that you may receive instruction in theory only. Big Give2 and its servants, employees and agents, and any instructors, personnel or volunteers associated with the Event are not liable for, nor will they provide, any advice, training or medical assistance other than in the form of staying up all night.
3.8   By registering for the Event with Big Give2 you give permission for your photograph and video image to be used for media purposes in connection with the Event and any future Big Give2 Events. You waive any claim or right to inspect any photographs or video images or any advertising or promotional copies that may be used in conjunction therewith.
4.      Charity Partners
4.1   Big Give2 has in place contractual arrangements with a number of charities authorising us to collect donations on the Website on their behalf.
4.2   Big Give2 cannot collect donations on behalf of a charity organisation without the written permission of the charity organisation.
4.3   Charity organisations often have similar names. You must confirm that your nominated Charity Partner is your intended recipient organisation.
4.4   Big Give2 is not responsible for the actions of its Charity Partners, nor for how they use the donations they receive through the fundraising services of the Website.
4.5   Big Give2 does not represent or warrant that a Charity Partner is constituted or operating lawfully or that any donation raised on behalf of a Charity Partner through the fundraising services of the Website will be used by the Charity Partner in a particular manner or be applied by the Charity Partner to a specific project or appeal.
4.6   Big Give2 is unable to address any complaint you may wish to make in relation to the use of donated funds by your nominated Charity Partner. Any such complaint must be made directly to the relevant Charity Partner and will be governed by the relevant Charity Partner's complaints procedure.
5.      Collection of information and Privacy Policy
5.1   When you create a fundraising page on the Website, we request you provide details such as your name, email address, a password, your date of birth and your sex. Our use of this information is governed by our Privacy Policy. By agreeing to these terms and conditions you consent to the information you provide being used in accordance with the terms of our Privacy Policy and you warrant that you have read and understood the Big Give2 Privacy Policy which can be accessed atwww.biggive2.org/PrivacyPolicy.aspx.
6.      Relationship with donors and remuneration
6.1 BIG GIVE2 PTY LTD will receive a remuneration of 25% of the total annual funds raised from the Childs Vision Big Give2 Australia Appeal for conducting the annual appeal, FMX and Monster Truck Spectacular.This 25% fee does not apply to other charities.
6.2   Banks, financial institutions, credit card issuers and transaction facilitators (Third Parties) impose fees and charges on us. These fees vary but are typically a 2% credit card processing fee and a transaction fee of $0.50 per transaction. These fees and charges are subject to change at any time.
6.3   Big Give2 will deduct any fees and charges imposed by Third Parties from donations and pay them to the relevant Third Parties.
6.4   For example, if a donation of $100 is made via Mastercard to a Charity Partner:
Donation made $100.00
Credit card processing fee (2%) $2.00
Financial institution transaction fee $0.50
Charge for Big Give2 service 5% = $5.00
Total fees and charges $7.50
Amount Charity Partner receives $92.50
% of donation Charity Partner receives 92.50%
6.5   In respect of the use of credit cards, security of payments and refunds, you warrant that you have read and understood the terms and conditions applicable to donors..
7.      Intellectual property
7.1   You must not use any material on the Website without the express written permission of the holder of the intellectual property rights to that material.
8.      Links to other websites
8.1   The Website may contain links to other websites.
8.2   You acknowledge and accept that Big Give2 does not control any external websites which may be accessed via a link on the Website.
8.3   You acknowledge and accept that the obligations of Big Give2 under these terms and conditions do not apply once a link on the Website has been used to access another website.
9.      Disclaimer and no liability
9.1   To the full extent permitted by law, Big Give2:
(a)    makes no representation and gives no warranty or undertaking as to the accuracy, reliability, completeness, fitness for purpose or suitability of the information located on the Website or any other information;
(b)    does not accept any responsibility for any error in, or inaccuracy in, or unsuitability of, or omission from, the Website or any other information (whether negligent or otherwise); and
(c)    is not liable (whether in negligence or otherwise) for any loss or claim arising as a result of you acting or refraining from acting on any recommendation or on the basis of any information located on the Website or any other information,
and, in any case you warrant that you have not in any way relied on the information located on the Website or any other information and have made your own enquiries about all such information.
10.   Breach of terms and conditions
10.1   You shall at all times release and indemnify Big Give2, its servants, employees and agents from and against any loss or liability incurred by Big Give2 arising from any claim, demand, suit, action or proceeding by any person against Big Give2, its servants, employees and agents where such loss or liability arose out of, in connection with, or in respect of, a breach by you of these terms and conditions.
10.2   In the event that you fail to comply with these terms and conditions, Big Give2 reserves the right to immediately, or at any later stage, suspend your access to all or any part of the Website and the fundraising services of the Website without notifying you.
10.3   Big Give2 does not accept responsibility or liability for a breach by Big Give2 of these terms and conditions in circumstances where the breach results from events or circumstances beyond Big Give2's control.
11.   Other
11.1   Your use of the Website, these terms and conditions and the contractual relationship between you and Big Give2 and any dispute in connection with these matters is governed by the laws of New South Wales, Australia and you submit to the jurisdiction of the courts of that State and of any court that may hear appeals from any of those courts, for any proceedings in connection with these matters.
11.2   Any provision of these terms and conditions which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the remaining terms and conditions enforceable, unless this would materially change the intended effect of the terms and conditions.
11.3   These terms and conditions may be modified by us at any time and such modification shall be effective immediately upon web posting of the modified terms and conditions. Your continued use of the Website shall be deemed to be your conclusive acceptance of the modified terms and conditions.
11.4   These terms and conditions contain the entire agreement between you and Big Give2 in respect of your participation in the Event and your access to and use of the Website. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these terms and conditions and has no further effect.

11.5  Refunds and charity registrations- Once a charity has registered and paid $176.00 incl gst this amount is non refundable. However if the charity wishes to re-register it may be used from the date of cancellation. When you add all your charity details including your Bank Bsb and Acc details you agree to have $176.00 deducted from your nominated bank account on an annual basis.

11.6  When you register your charity you are also agreeing to the terms and conditions included in the attached Big Give2 Online Fundraising Agreement PDF that is downloadable under register your charity page.