A Brilliant Brunch

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Terms & Conditions

1. Fundraising Regulations

Each state and territory has its own fundraising legislation. It is best fundraising practice in Australia and a requirement in many states and territories for any individual or organisation fundraising to have an ‘Authority to Fundraise’ issued by an charitable organisation. Aspect (Autism Spectrum Australia) complies with this best practice regardless of whether this is a state or territory requirement in the area in which you are planning your fundraiser.

You may be required to apply for an additional permit or permission from the relevant body in your state or territory. This includes games of chance (e.g. raffles) and collections.

If you operate a business and wish to donate a percentage of sales over a period of time to Aspect, you will need to specify this so we can ensure any arrangement satisfies specific legislation or guidelines for working with Aspect as a trader.

Aspect requires that expenses do not exceed 30% of your total fundraising.

To obtain an Aspect Authority to Fundraise, you will need to complete a Fundraising Proposal and Agreement Form. Please contact initforautism@autismspectrum.org.au for the forms. Your proposal will be considered and we will inform you in writing whether or not it has been approved.

1.1 Restrictions to fundraising

Aspect will not endorse extreme sports activities such as parachuting, paragliding or bungy jumping, motor vehicle and motor bike racing and activities that involve marine risks unless you are able to provide evidence that you carry adequate public liability insurance to cover yourself and the participants in the proposed activity or event.

1.2 Participation in your event

1.3 Your fundraising activity or event is your responsibility

Aspect sincerely appreciates your interest in our organisation and the work we do. However, any fundraising activities or events you undertake to raise funds for Aspect will be regarded by Aspect as being your sole responsibility.

As your activity or event is your responsibility, it must be undertaken in your name and not in Aspect’s. We are unable to coordinate activities on your behalf. We will endeavour to provide advice and support where we can. However, we are unable to assist you with the detailed execution of your activity including for example the soliciting prizes or promoting your event.

Any fundraising activity you undertake is at your risk and subject to terms and conditions laid out in the registration process. It is your responsibility to comply with all legal requirements relating to your fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event or activity.

1.4 Parental consent

It is a condition of use of this Website that any person under the age of 16 conducting a fundraising event or activity be appropriately supervised by an adult. Where a child is under the age of 12 he or she must only operate the Website under the direct supervision of a parent or carer. We may refuse access to the Website to any child under the age of 16 until we receive permission from their parent or their guardian.

2. Use of Material on the Website

Unless indicated otherwise all information contained on this Website including text, images, graphics, audio and video clips and all intellectual property rights, including copyright, is owned by

and proprietary to Aspect. Except for the limited use set out the following paragraph, you may not reproduce, distribute, retransmit, upload, re- post content or frame the material on the Website with other material on any other website or make any other use of the Website, or the material contained on it, for any purpose.

Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

3. Links to other Websites

Aspect provides links on the Website to other websites that are not under its control. It is not responsible for the contents of any linked website, or any link contained in a linked website, or any changes or updates to such websites.

These links are provided for convenience of reference only and are not intended as an endorsement by Aspect of the organisation or individual operating the website.

4. Uploadinginformation

You represent and warrant in relation to any material and/or information you provide to the Website that:

you are authorised to provide the material and/or information;
the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

the material and/or information is not a ‘passing off’ of any product or service and does not constitute unfair competition;
the material and/or information does not infringe any intellectual property right including,

but not limited to, trademarks, service marks or business names (whether registered or

unregistered), confidential information and copyright; and
the material and/or information does not infringe any legislation or regulations of the

Common- wealth of Australia and the State of New South Wales including, but not limited to, the Australian Competition and Consumer Law, and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this

5. Conduct

You agree not to use this Website to:

Upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or is otherwise offensive;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, staff members and

volunteers of Aspect and their affiliates;
Collect or store personal data about other users of this Website that is of a personal nature;
Upload, post, email, transmit or otherwise make available any unsolicited material or

advertising, including, but not limited to junk mail, surveys, pyramid schemes and chain letters.

6. Licence to Use Intellectual Property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the intellectual property) on to the Website, you are granting Aspect a perpetual, non-exclusive and payment-free licence throughout the world to:

reproduce, use and exploit the intellectual property, as part of the Website, to the full extent per- mitted by intellectual property law in any jurisdiction in which the Website is available to users, and sublicense others to do so;
reproduce, use and exploit the content, material and information that you post onto the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users and sublicense others to do so;
allow Aspect to sub-licence others the same rights granted to Aspect in (a) above.

7. Removal of Information

In relation to any material and/or information included on the Website, Aspect may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification.

Aspect retains the right at all times, and at its sole discretion, to:

1. Monitor, retain or disclose any information on the Website when necessary to satisfy any applicable regulations or legal process;

Pre-screen, block or remove any content posted or uploaded by users of the Website which it considers inappropriate, including but not limited to, material that it considers may violate its Privacy Policy or these Terms of Use;
Suspend your access to the Website and its services without notice to you if you fail to comply with these Terms of Use.

8. Disclaimer

Aspect and its respective officers, employees and agents shall have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website or the conduct of your fundraising activity. Without limiting the generality of

this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.

Aspect does not give, or purport to give any medical advice, and is not qualified to do so.
To the full extent permitted by law, Aspect disclaims any and all warranties and guarantees, express or implied:

regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
regarding the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked
that the Website, or its server are free of software viruses, the operation of the Website will

be un- interrupted or error free, or that errors and defects will be

Aspect is not liable to you for defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Aspect, its employees or independent contractors, or through any other cause.

9. Limitation of liability

The disclaimer in clauses 8 to 10 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities or implied consumer guarantees are not permitted by law. To the full ex- tent permitted by law, Aspect’s liability for any implied warranty or condition or consumer guarantee is limited, at the choice of Aspect, to one or more of the following:

1. If the breach of an implied warranty or condition relates to services:

the supply of the services again; or
the payment of the cost of having the services supplied

2. If the breach of an implied warranty or condition relates to goods:

the replacement of the goods or the supply of equivalent goods;
the repair of such goods; or
the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods

10. Indemnity

You will at all times indemnify and keep indemnified Aspect and its respective officers, employees

and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Use by you; and publication of or distribution of the material and/or information supplied by you.

11. Governing Law and Jurisdiction

These Terms of Use and all other specific and additional terms which govern your use of and access to this website will be governed by and construed in accordance with the laws of the state of New

South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

12. Privacy

Aspect discloses that it collects two types of information through the Website namely:

personal or individually identifiable information (Personal Information which has the same meaning as defined in the Privacy and Personal Information Protection Act 1998 (NSW)) that the User provides; and
standard web server/visitor traffic information such as ISP addresses, browser versions, referring websites, duration of visits and total visitor traffic,
(collectively referred to as Information).

This Information helps ASPECT to:

carry out its obligations with respect to the events/activities;
understand how people use the Website and Aspect’s website; and
manage its Website(s) to better serve its audience.

The User’s Personal Information is being or has been collected by Aspect to facilitate services or products requested by the User and/or to keep the User informed about Aspect’s related activities (including for notifying winning users with respect to the results of the Draw (if applicable)). Aspect may send the User information about programs, products, services, fundraising or other activities which Aspect thinks may interest the User. The User’s Personal Information may be provided to third parties where required by law or so that such third parties may provide Aspect with services, or where Aspect participates in data cooperatives and swaps.

Aspect will take reasonable steps to ensure that such third parties deal with the User’s Information appropriately. Please refer to Aspect’s Privacy Policy (which is available at www.autismspectrum.org.au/privacy or by calling 1300 363 992) for further details.

13. Copyright Notice

Copyright to material associated with IN IT for AUTISM and any activities/events on the Website belongs to Aspect. The User is granted permission to browse this material, including making temporary copies to facilitate such browsing, to create links to these pages and print a hard copy for personal use.

The Users may reprint the Information without permission from the Website provided it makes appropriate acknowledgment and the integrity of the source document is maintained. Logos and

marks of Aspect’s and marks in connection with the fundraising events may be used in connection with fundraising for the events and other non-commercial uses for promoting the events/activities but must otherwise only be used with the express, prior written consent and approval of Aspect.

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