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Terms & Conditions

MSAA COMMUNITY FUNDRAISING & DIY EVENTS

TERMS AND CONDITIONS

By participating in fundraising activities for MSAA (Multiple System Atrophy Australia), you agree to follow these terms and conditions. This agreement gives you permission to raise funds for MSAA while ensuring you meet our standards and legal requirements.

KEY DEFINITIONS

“MSAA” means: Defeat Multiple System Atrophy Australia Limited t/a Multiple System Atrophy Australia ABN 57 638 405 151

“Collected Funds” means: all funds or property collected or received by the Fundraiser in the course of Fundraising Activities on behalf of MSAA.

“Confidential Information” means: all information relating to MSAA, its business, operations, affairs, supporters, donors, intellectual property, and fundraising activities, or any information disclosed or made available to the Fundraiser by or on behalf of the MSAA.

“Fundraising Activities” means: any solicitation, event, campaign, or initiative carried out or proposed by the Fundraiser for the purpose of raising funds for MSAA, as authorised in writing.

“Intellectual Property” means: all present and future rights relating to copyright, trade marks, service marks, logos, designs, patents, business and domain names, database rights, confidential information, know-how, inventions and other results of intellectual activity, whether registered or not, including applications, renewals, and extensions and any goodwill associated with them, specifically including but not limited to MSAA’s IP assets, e.g. logo, brand colours, taglines, website URL, and any promotional material. Personal Information means any information or opinion about an individual, as that term is defined in the Privacy Act 1988 (Cth).

“Privacy Laws” means: the Privacy Act 1988 (Cth), the Australian Privacy Principles, and all other laws, rules or regulations in Australia regarding the privacy, protection, use, or disclosure of Personal Information.

GENERAL TERMS

• MSAA grants the Fundraiser a limited, revocable authority to undertake Fundraising Activities on behalf of the MSAA, strictly in accordance with these terms and conditions.
• The Fundraiser must not represent itself as an agent, employee, or partner of MSAA except as expressly permitted by MSAA.
• The Fundraiser must comply with all MSAA procedures and approvals for conducting Fundraising Activities.
• MSAA reserves the right to modify these terms at any time. Continued fundraising activities after notification of changes constitutes acceptance of the modified terms.

INTELLECTUAL PROPERTY

• MSAA’s Intellectual Property, including its trademarks, logos, business name, slogans, copyrighted materials, brand guidelines, domain names, and promotional materials, are and shall remain the exclusive property of MSAA.
• The Fundraiser is permitted to use MSAA’s Intellectual Property solely in connection with authorised Fundraising Activities.
• The Fundraiser must not use, reproduce, alter, modify, assign, licence, sub-licence, sell, transfer, or otherwise exploit MSAA’s Intellectual Property, except as expressly authorised in writing by MSAA.
• The Fundraiser must only use the promotional materials included in the brand pack provided by MSSA.
• Upon completion of Fundraising Activities, or upon request, all rights granted to the Fundraiser over MSAA’s Intellectual Property shall immediately cease and the Fundraiser must return or destroy all materials containing MSAA’s Intellectual Property as directed.
• The Fundraiser indemnifies MSAA for all losses, damages, costs, or claims arising from unauthorised use or infringement of the MSAA’s Intellectual Property.

CONFIDENTIALITY

• The Fundraiser must keep confidential all Confidential Information disclosed by MSAA or acquired during the provision of Fundraising Activities.
• The Fundraiser must not use Confidential Information for any purpose other than performing Fundraising Activities for MSAA.
• The obligations of confidentiality survive expiry or completion of the Fundraising Activities.

CONDUCT AND FUNDRAISING STANDARDS

• The Fundraiser must comply with all laws, regulations and codes of conduct relevant to fundraising activities in Australia.
• The Fundraiser must conduct Fundraising Activities with integrity, professionalism, and transparency, and must not engage in conduct that may bring MSAA, its programs, reputation, or relationships into disrepute.
• The Fundraiser must comply with all instructions, directions, policies and branding guidelines provided by the MSAA regarding the organisation, promotion, and conduct of Fundraising Activities.
• The Fundraiser must not make any false or misleading statements in the course of Fundraising Activities.
• The Fundraiser must not offer inducements, benefits, or prizes beyond what is expressly approved by MSAA.
• The Fundraiser must ensure that any sub-contractors, volunteers, or personnel involved in Fundraising Activities comply with all obligations under these terms and conditions.

FUNDRAISING ACTIVITIES

• The Fundraiser may conduct acceptable Fundraising Activities to include:
• Hosted events
• Sponsorship events
• The Fundraiser may not conduct the following Fundraising Activities to include:
• Sale or promotion of tobacco products or illegal drugs
• Gambling
• The Fundraiser is responsible for the planning, management and promotion of their Fundraising Activities.
• The Fundraiser agrees to pay all costs associated with their Fundraising Activities, unless otherwise agreed by MSAA in writing. (can they deduct costs of running from the funds raised ie provided it is no more than 25% for example)

FUNDS COLLECTED

• The Fundraiser is to promote and encourage during their Fundraising Activities that donations are made directly through the MSAA website approved payment portals Stripe and PayPal.
• Any Collected Funds that are not made through the payment portals are held by the Fundraiser on trust for MSAA and must be transferred to MSAA’s designated account within seven Business Days after receipt.
• The Fundraiser must not use, retain, or apply any Collected Funds (including interest) for personal benefit, personal use, or for any purpose not expressly authorised in writing by MSAA.
• The Fundraiser must keep complete and accurate records of all Collected Funds, expenses, donations, receipts, and provide reports, receipts, and supporting documentation to the MSAA no later than monthly and upon request.
• The Fundraiser must permit the MSAA or its auditors to inspect and audit any records or accounts relating to Fundraising Activities and Collected Funds at all reasonable times.
• Any unsold goods, unspent funds, unused promotional materials, or surplus property provided or acquired in connection with Fundraising Activities must be returned to MSAA upon cessation or termination of Fundraising Activities.

PRIVACY

• The Fundraiser must comply with all Privacy Laws in respect of Personal Information obtained in the course of Fundraising Activities.
• The Fundraiser must only collect, use, and disclose Personal Information for the purpose of performing Fundraising Activities for MSAA and in accordance with the privacy policy.
• Any breach of Privacy Laws must be notified immediately to MSAA. The Fundraiser must provide reasonable assistance as requested by MSAA in responding to privacy breaches.

TERMINATION

• MSAA may terminate Fundraising Activities by written notice with immediate effect if:
• The Fundraiser breaches any of the terms or conditions
• The Fundraiser is convicted of a criminal offence relevant to Fundraising Activities;
• The Fundraiser acts in a manner which, in MSAA’s reasonable opinion, brings MSAA into disrepute.
• The Fundraiser may terminate this Agreement by providing 15 business days’ notice in writing to MSAA.
• Upon termination, the Fundraiser must immediately:
• Cease all Fundraising Activities;
• Return or destroy (as directed) all Confidential Information, Intellectual Property, unsold goods, unused promotional materials, and property of MSAA;
• Transfer all Collected Funds and provide final records and accounts to MSAA.

INDEMNITY AND LIMITATION OF LIABILITY

• The Fundraiser indemnifies MSAA and its officers for any loss, damage, liability, cost or expense, including legal costs on a full indemnity basis, arising directly or indirectly out of:
• Any breach by the Fundraiser of these terms and conditions;
• Any negligent, reckless or willful act or omission by the Fundraiser, its personnel, contractors or agents in the course of Fundraising Activities;
• Any claim, action, suit, or proceeding brought as a result of the Fundraiser’s acts or omissions in connection with Fundraising Activities.

GOVERNING LAW

• This Agreement is governed by the laws of New South Wales and Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts in that State.