batyr’s Fundraising Terms & Conditions and batyr’s Fundraising Guidelines
Hosted and organized by Batyr Australia Limited ABN 51 152 952 737 (“batyr”).
As a participant in the fundraising activities and events for batyr, you agree to comply with all fundraising and event rules, as amended by batyr from time to time. You also agree to follow all laws and regulations including (i) laws and regulations specific to your State, Territory or country and (ii) additional social distancing guidelines as well as outdoor and indoor exercise guidelines. If you do not comply with laws and regulations (including social distancing and outdoor and indoor exercise guidelines), you will be asked to cease any activities or events.
You agree that you are fully responsible for any actions that you undertake by participating in any fundraising activity or event for batyr.
batyr reserves the right, in its sole discretion, to disqualify any participant who has breached any of these Terms & Conditions or, has engaged in unlawful or improper conduct or in circumstances where batyr otherwise deems it appropriate to disqualify that participant. Any decision, approval or consent given or made by batyr will be at its sole discretion and is final and binding on you.
We do not condone or tolerate behaviour that is inconsistent with batyr’s values. batyr does not encourage any behaviour that:
- is contrary to the law;
- endangers a person(s) and places person(s) at risk of harm or injury;
- could make others feel threatened and/or unsafe; or
- is likely to be or is deemed inappropriate, obscene, or indecent
You acknowledge that batyr will not assume any responsibility for any behaviour that is inconsistent with the above criteria. Any entries or involvement that are inconsistent with the above criteria will not be considered or authorised by batyr.
If you are under 18 years old (a Minor), you must have permission from a parent or legal guardian to take part in your chosen activity/event. By participating, you confirm to batyr that you have received such permission. If you do not receive permission, you must not participate.
You acknowledge that participation through batyr’s Fundraising Campaigns & Events organised by batyr including its officers, employees, agents, volunteers, and other organisations/associations affiliated with batyr, may involve a significant risk of personal injury including permanent disability and/or death, depending on your chosen form of fundraising activity. Any personal injury may result not only from your actions including physical exertion, but may arise as a consequence of a third party and/or the environment, location or features of the course you select for participation in an activity.
You are responsible for ensuring that you select a safe environment, course, conditions and/or location and/or mode of activity for your participation in your chosen event or activity. Physical activities, whether indoors or outdoors, or on private or public lands carry inherent risks. By participating in these activities as part of an event or activity you have chosen, you acknowledge these risks and take total responsibility for your own safety and wellbeing.
By choosing to register through the batyr website you agree to comply with the terms and privacy policy on batyr’s website. You also irrevocably release batyr and its affiliates from any and all claims you may have arising out of or in connection with your participation in the Event, and agree that, to the maximum extent permitted by law, batyr including its officers, employees, agents, volunteers, and other organisations/associations affiliated with batyr will not be liable to you or any person, either under statute or in negligence for any personal injury or other loss, damage, liability or expense whatsoever suffered by you (including legal fees), whether consequential or directly or indirectly caused by, or connected with your participation. You are responsible for any third party damage or loss incurred in connection with your participation.
As a participant in a fundraising event or activity for batyr you agree that you have no medical condition which would preclude you from participating in your chosen activity or event and to the extent you are unsure, or you may otherwise be required, you agree to seek approval from your medical health professional prior to participation in batyr fundraising events or activities
All monies raised in relation to all batyr fundraising events or activities must be banked with batyr as soon as reasonably practical or within a maximum of 28 days since raising the funds. This can be done either via direct bank payment or cheque to:
batyr Australia LTD
BSB: 082-001
Account Number: 1183 10012
An accurate detailed record of income and expenses associated with the fundraising events or activities must be provided to batyr within 28 days of the event or activity. Only reasonable expenses can be taken out of the proceeds and cannot exceed 50% of the proceeds.
You consent to receiving communications about this campaign and future batyr updates, newsletters and events.
If you share a photo, video or other material and tag batyr social channels or use the #batyr hashtag (Shared Material), you agree that batyr has an unrestricted, irrevocable, royalty free and assignable licence to use, reproduce and modify the Shared Material (along with your first name), for any purpose including future promotions and marketing material, at batyr’s sole discretion. If requested by batyr, you agree to sign any further documentation reasonably required by batyr to give effect to this paragraph.
To the extent permitted by applicable law, you unconditionally and irrevocably agree, and must take reasonable steps to obtain all other necessary unconditional and irrevocable written consents, to any act or omission that would otherwise infringe any moral rights in any Shared Material.
If the Shared Material includes an image or video of another person, you agree to obtain the prior consent of the other person shown in the Shared Material, or in the case of Minors, the consent of a parent or legal guardian.
You acknowledge and agree that the law in force in specific to your State, Territory or country governs these Terms & Conditions, and you submit to the non-exclusive jurisdiction of the courts specific to your State, Territory or country and the courts of appeal above them.
The contents of these Terms & Conditions constitute the entire agreement between you and batyr and supersede any prior negotiations, representations, understandings or arrangements otherwise made regarding the subject matter of this Agreement, whether orally or in writing.
If any provision in these Terms & Conditions is held invalid, then such provision must be severed from these Terms & Conditions, and the remainder of these Terms & Conditions continue to have full effect.
These Terms & Conditions may be varied by batyr from time to time without notice. If you do not agree to such variations, you must cease to participate. By continuing to participate on or after the date of such variation, you are taken to have agreed to the variation. batyr reserves the right to cancel or postpone any batyr fundraising activities or events at any time without liability to any participant or other person, subject to applicable laws.
By registering as a participant to fundraise for batyr, you acknowledge and agree with these Terms & Conditions, and also confirm that you have read and understood the batyr Privacy Policy.
Fundraising guidelines
General
By registering as a Community Fundraiser for batyr you:
- Understand and agree that (a) all fundraising activities must align with batyr's values and (b) batyr reserves the right to reject any fundraising activity/event or donation that are deemed by batyr to contravene or be inconsistent with these guidelines, the terms, its business objectives, or its values.
- Confirm that, by registering to fundraise, you are acting on behalf of, and with the authority and power to bind, those individuals and organisations named as the Community Fundraiser.
- Confirm that any monies raised or donated during the fundraising activity will be used for the stated purpose for which they were raised and remitted within any specified timeframe and methods.
- Agree to notify batyr of any prior or current criminal convictions prior to commencing the fundraising activity/event, understanding this may not necessarily stop you from being able to support batyr (depending on the nature of offence), but will be taken into account in agreeing to your suitability as an organiser.
Legislative obligations
- Confirm that your proposed fundraising activity/event complies with all relevant legislative and local government requirements and that all appropriate permits, licenses and insurance for fundraising in the state and/or territory where the activity is to be held will be, or have been, obtained.
- Agree to notify batyr of any changes to your fundraising activity/event in advance and to only fundraise for the period of time authorised.
- Will not exploit your position as a Community Fundraiser and/or the association with batyr for personal gain or perceived endorsement.
- Agree to seek permission to use batyr’s brand or any other trade mark to promote your business, products or services. Business supporters may, for example, choose to implement approved percentage of sales campaigns for a specified period, providing transparency around the campaign details. However, the batyr logo cannot be used on any products or items for sale.
Privacy and Personal information
- Agree that all personal and sensitive information associated with the proposed fundraising activity will be collected, handled, processed, stored, and used in accordance with all relevant privacy and data security legislation anywhere in the world.
- Give consent or ensure that you have obtained consent for photographs or other information you provide from the event to be published online or in publications by batyr.
- Give consent or ensure that you have obtained consent for batyr using and disclosing your personal information to batyr's agencies and other third parties engaged to provide services in connection with fundraising activities and the purposes set out in the Privacy Policy of batyr which is available at https://www.batyr.com.au/privacy-policy/
Where we use your personal information to send you marketing and promotional information by post, email, telephone or SMS we will provide you with an opportunity to opt out of receiving such communications in the future. You may also contact us to remove any previous consent you provided to receive marketing communications from us. By electing not to opt out, or contacting us to withdraw your consent, we will assume that we have your consent to receive marketing communciations in the future.If you do not wish to receive marketing communications from us please contact us on 0402 576 114 or email hello@batyr.com.au
Financial
- Confirm that any fundraising activity costs will at all times be held to a percentage of revenue which is generally acceptable within the not-for-profit sector and by the public. In general, expenses are not to exceed 50 per cent of the gross proceeds.
- Will ensure that financial and activity reports are made available to those who engage with the fundraising activity (and general public if queried), including the amounts raised, how the money was spent, and the net proportion donated to batyr.
Sub-contracting/engaging third parties
- Agree to seek and obtain permission from batyr if you are planning to subcontract components of your fundraising activity/event to third parties (e.g. auction service providers, online platforms, event managers).
- Agree to ensure that subcontractor costs, deliverables and responsibilities are understood by them and do not compromise the acceptable percentage of revenue donated to batyr. In the specific case of your fundraising activity, you understand that batyr will not engage with nor take any responsibility with the subcontractor.
Publicity
- Agree to seek and obtain permission from batyr to use the batyr’s name and/or ‘Proudly supporting’ logo on materials related to the fundraising activity, and email all logo file requests, logo design mock-ups, written content describing batyr or mental health conditions, and media releases.
- Understand that while you are not authorised to speak on behalf of batyr, you may speak about your fundraising activity itself. If you have been motivated to fundraise due to another person’s experience of depression, anxiety or suicide and wish to share a story in which that person will be easily identifiable, you agree to seek and obtain permission from the individual or next of kin first. Some people may not want their experience made public. It is important to consider the impact and respect the wishes of others affected by the same story as you.
- Agree not to align batyr with areas or activities such as pharmaceutical, insurance, gambling, alcohol or tobacco organisations, X-rated or violent content, or proceeds of crime.
- Accept that batyr has the right to reject any fundraising activity or donation based on non-alignment with these guidelines, the terms, its business objectives, or its values.
- Understand that batyr is not able to promote your fundraising activity/event, nor attend events or presentations. If the fundraising activity/event includes specific involvement with batyr, you will ensure these requirements are discussed and agreed upon in writing by the Fundraising team prior to commencing the fundraising activity.
- Agree not to engage in telemarketing or door-to-door fundraising.
- Understand that batyr reserves the right to withdraw your authority to organise a fundraising activity/event at any time including if it appears to batyr that the fundraising activity/event may negatively affect the image or reputation of batyr, or if batyr believes there is a likelihood of you not meeting any of these Guidelines or the Terms .
Requests for approval or permission must be submitted to hello@batyr.com.au
National, state and territory laws
All fundraising activities must comply with all relevant national, state and territory laws and regulations. In each state and territory, there is a Charitable Fundraising Act or equivalent to which batyr and people fundraising on behalf of batyr must adhere to. You also need to be aware of regulations relating to liquor licensing, preparation of food and holding raffles or auctions.
To find out more about fundraising legislation in your state or territory, please contact the relevant authority listed below:
Australian Capital Territory
ACT Office of Regulatory Services
accesscanberra.act.gov.au
New South Wales
NSW Fair Trading
fairtrading.nsw.gov.au
Northern Territory
Office of Consumer and Business Services
consumeraffairs.nt.gov.au
Queensland
Office of Fair Trading
fairtrading.qld.gov.au
South Australia
Office of Consumer and Business Services
cbs.sa.gov.au
Tasmania
Consumer, Building and Occupational Services
https://www.cbos.tas.gov.au/topics/clubs-fundraising
Victoria
Consumer Affairs Victoria
https://www.consumer.vic.gov.au/
Western Australia
Department of Commerce
commerce.wa.gov.au
You may be required to obtain permits for your event or fundraising activities. Check with your relevant authority (as per legislative authorities listed above), your local council, and other relevant authorities, to ensure that you have all permits needed to serve food, alcohol, hold an event in public, and conduct all fundraising activities for your event.
Insurance
You may be required to obtain public liability and other insurance for your fundraising event or activity. Unfortunately, batyr cannot provide this insurance, so this will be your responsibility. Tip: Depending on what type of coverage they have, your local venue may be able to put you under their public liability insurance policy.
batyr accepts no responsibility for any loss, liability or injury, occupational, health, safety and welfare claims arising from your fundraising activity/event. It is your responsibility as the registered Community Fundraiser to ensure the safety of yourself and any attendees at your fundraising activity, including providing first aid services if they are needed.
Money matters
As a valued Community Fundraiser and activity/event organiser, you are responsible for all financial aspects of the activity or event, including record-keeping, management of funds and ensuring that all funds raised online and offline are received by batyr.
Your basic obligations are to ensure that:
- you keep and, upon request, provide batyr with accurate financial records of your fundraising event or activity;
- all funds raised online and offline are received by batyr within 28 days of completion of fundraising; and
- expenses incurred for the fundraising event or activity do not exceed more than 50 per cent of the total funds raised.
- Please note that batyr will not be liable to pay or reimburse any expenses incurred by you for the purposes of your fundraising activity/event.
Tax-deductible donations
All donations made directly to batyr over $2 are eligible for a tax-deductible receipt. Please note that the following cannot be issued with a tax-deductible receipt:
- Purchase of ticket to attend a batyr fundraiser.
- Purchase of a good or service related to a batyr fundraiser.
- Purchase of raffle tickets.
- Purchase of an auction item.
- Goods or services donated for a fundraising event or activity.
- Monies raised and/or donated on behalf of others.
- Everyone who donates to your registered batyr online fundraising page is automatically issued with a tax-deductible receipt.