Terms and Conditions - Fundraisers

1. Introduction

The Australian Sports Foundation Ltd (ABN 27 008 613 858) and the Trustee for the Australian Sports Foundation Charitable Fund (ABN 97 179 064 897) (referred to separately and together in this document as the ASF Group, we or us) were established by the Australian Government to raise funds for the development of sport in Australia (and in respect of ASFCF, where that is in in pursuit of a charitable purpose). Our specific listings in the Income Tax Assessment Act 1997 (Cth) (Subdivision 30-B, section 30-90) means donations to us of $2 or more are tax deductible, subject to the donor meeting eligibility requirements for claiming the tax deduction.

These Terms and Conditions (T&Cs) govern the relationship between a fundraising person or entity (you) and us, and include the use of our website, the registration of a Campaign, organisation or personal fundraising page (referred to collectively as the Registered Sporting Cause), and activities that you undertake for soliciting donations. They should be read in conjunction with our Disclaimer and Privacy Policy. Use of our website signifies acceptance of these T&Cs and our policies, and your awareness of the policies and information specified in these documents.

2. Sporting Cause

We authorise you to seek donations from others for the benefit of the Registered Sporting Cause and direct them to our website to make their donation.

The creation of your fundraising page does not imply that we endorse the Registered Sporting Cause or the fundraising activity promoted on the page.

We reserve the right to edit or delete a fundraising page at our discretion where we consider the fundraising activity promoted is inappropriate for any reason.

You are responsible for ensuring that all data included on your fundraising page is not obscene, offensive, defamatory, racist, misleading, or deceptive, and does not breach any law or regulation, or any intellectual property rights of any third party. You agree to indemnify us if loss or damage occurs as a result of breaching this requirement.

You must not use an ASF Group fundraising page to send junk emails or spam or to conduct or display details of any survey, lottery, contest, pyramid scheme or chain letter.

You must not provide a donor with any material benefit in connection with the making of a donation.

3. Allocation of donations

We raise funds for the development of sport (and in respect of ASFCF, where that is in in pursuit of a charitable purpose) and we make grants in accordance with that purpose. Donors nominate a Registered Sporting Cause as the preferred recipient of their gifts. While we may have regard for the preference indicated by a donor, we maintain discretion and control in accordance with legal obligations to pursue our purposes.

Where we receive a donation and have been provided with insufficient information to identify the donor or the Registered Sporting Cause that the donation relates to, we will take reasonable steps to identify the donor and the Registered Sporting Cause. If this information cannot be ascertained, we will hold the donation open for a period of 60 days to allow appropriate details to be provided. After 60 days, we will allocate the donation to another sporting cause at our discretion. Once a donation has been so allocated, it cannot be reallocated to another Sporting Cause, even if the donor and originally nominated Registered Sporting Cause are later identified.

We retain the right to withhold granting funds to any Registered Sporting Cause or refuse to accept donations in our sole discretion and without giving reasons.

4. Events or activities

If you run an event or activity to seek donations for your Registered Sporting Cause you agree not to run any events or activities that promote smoking, vaping, any illegal activities, or the exploitation of any children or vulnerable persons.

At times we may make requests of you in relation to your fundraising events or activities – you agree to comply with our reasonable requests within a reasonable time.

5. Waivers and public liability insurance

We are not liable for any representations made by you in seeking donations from others, or for any injury, damage or loss arising from or connected with any of your fundraising events or activities, including your failure to comply with any relevant laws or requirements in connection with any of your fundraising events or activities.

6. Retention of donated funds

In line with our purpose of raising funds for the development of sport (and in respect of ASFCF, where that is in in pursuit of a charitable purpose), we aim at all times to maximise the amount of donated funds distributed by way of grants to approved Fundraisers and for the development of sport in Australia more broadly.

However, in common with all entities we have operating costs incurred in support of our activities, which include:

• Operating and improving the fundraising platform that is made available to all Fundraisers;

• Providing support to Fundraisers through our Sports Fundraising Managers and Fundraising Support Team and through online tools and resources;

• Advocating for sport as a philanthropic cause, and promoting the important benefits of sport to community health and cohesion; and

• Managing regulatory compliance, including reviews by the Australian Taxation Office (ATO) in connection with tax deductible donations received.

Costs in fulfilling these obligations must be met from donations received, and amounts distributed and retained are at our absolute discretion. However, in the interests of transparency we disclose that we distribute 95% of donated funds in the form of grants, and retain 5% to cover operating costs. These amounts may be varied at ASF Group’s discretion, and fundraisers will be notified of any change at the appropriate time.

7. Transaction fees and charges

We incur charges from our financial providers for accepting donations by credit card and other means. As a result, we need to deduct a fee for donations of the following amounts:

Online Donations

Offline/Manual Donations

Donation via request for Payment Link

These charges may be varied from time to time.

8. Passwords and Indemnity for misuse of login information for the website

On registration on our website, you will be invited to create a password to protect your account. You are responsible for keeping this password safe and must not disclose your login information to any third party. If you believe or suspect that unauthorised use of your login in information has taken place, please notify us immediately by contacting info@asf.org.au.

We accept no liability for acts carried out by any person using personal login information, and you agree to indemnify us from any costs, expenses or damages arising in connection with any misuse of this nature.

9. Intellectual Property Rights

For the purposes of these T&Cs, intellectual property rights include but are not limited to patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, know-how and the right to have confidential information kept confidential and also includes any application or right to apply for registration of any of the rights just referred to.

We own or have the right to use all intellectual property reflected on our website. Organisations or individuals using our website must not assert any ownership or rights in respect of the intellectual property. You may reproduce the material on our website for the limited use of promoting a Registered Sporting Cause, or for personal non-commercial use, provided the material is not altered in any way.

We reserve the right to remove or edit any content posted on our website in our sole discretion and without notice.

We authorise you to use our name and logo as made available in the donation portal in advertising materials and when engaging with the media for the limited purpose of promoting a Registered Sporting Cause. If we become aware of any use of our name or logo that in our discretion is a risk to our reputation in the community, we will immediately terminate your Registered Sporting Cause. You agree to indemnify us for any loss or damage suffered as a result of misuse of our name or logo.

10. No warranties re the website

We will make reasonable efforts to maintain the performance and availability of the website, but cannot and do not guarantee continuous operation of the website or the integrity of the data stored or transmitted in or through the internet.

11. Breach of these T&Cs

If we consider that you are in breach of any term of these T&Cs we may take reasonable action including deregistration from our website and cancellation of your Registered Sporting Cause.