Breast Cancer Care WA Inc. (BCCWA) maintains this Purple Bra Day website at www.purplebraday.com.au (the Site) for your information, education, enjoyment and use. This section sets out the terms and conditions that apply to the access and use of the Site by any person (the User). Please read these terms and conditions carefully before accessing or using the Site.
Acceptance of Terms and Conditions
By accessing and browsing the Site, the User acknowledges, and agrees to accept and comply with, without limitation or qualification, the terms, conditions, notices and disclaimers set out below and elsewhere on the Site, as updated from time to time (collectively, the Terms and Conditions).
If the User is under 16/ years of age, then the User must obtain its parent or guardian’s consent before accessing and using the Site.
Using the Breast Cancer Care WA or Purple Bra Day name or branding BCCWA either owns, controls or licences from third parties, all content on this Site, including names, logos, trademarks, copyright and other intellectual property. The User may use this content for its own personal use but the User may not copy, reproduce, modify or transmit the content (in any way and through any media) without the prior written consent of BCCWA or the relevant third party.
i. Content on this Site is provided for information purposes only. This Site is not a substitute for independent professional advice. The User must exercise its own judgement and carefully evaluate the material on the Site.
ii. BCCWA and any third party do not make any representations or warranties of any kind, express or implied, about the accuracy, timeliness, completeness, reliability, availability or suitability with respect to the Site or the information or materials contained on the Site for any particular purpose. Any reliance which the User places on such information is, therefore, strictly at the User’s risk.
iii. The User’s use of any information or materials made available on this Site is entirely at the User’s risk, for which BCCWA and any third party shall not be liable. It is the User’s responsibility to ensure that any products, services or information made available through this Site meet the User’s specific requirements.
iv. Through the Site, the User is able to link to other websites which are not under the control of BCCWA and BCCWA has no control over the nature, content and availability of those sites. The inclusion of any links on the Site does not necessarily imply a recommendation or endorse the views expressed within them. BCCWA takes no responsibility for any information or services which may appear on any linked websites.
v. By accessing the Site, the User agrees that BCCWA and its respective directors, officers, employees, members, agents and consultants are in no way liable to the User, or to any third party claiming through the User, for any loss or damage whatsoever (including special, indirect or consequential loss or damage) arising out of, or in connection with, use of the Site.
vi. BCCWA recommends that that the User utilises appropriate and up-to-date firewall and anti-virus software to protect its computer systems.
Hosting a Purple Bra Day event - terms and conditions
This section sets out the terms and conditions that apply to groups and individuals (the Organiser) that register to host a fundraising activity or event in relation to Purple Bra Day (Fundraising Activity).
Obligations of the Organiser
i. By registering to fundraise via the Site, the Organiser:
i. accepts that it is solely responsible for the organisation and running of the Fundraising Activity, which includes acquiring the necessary permits, permissions and/or insurance required to host the activity or event;
ii. agrees to conduct the Fundraising Activity in accordance with these terms and conditions and in a manner which upholds the integrity, professionalism and values of BCCWA;
iii. acknowledges and agrees, as between it and BCCWA, that it is solely responsible for all the risks and responsibilities associated with the organisation, promotion and hosting of the Fundraising Activity; and
iv. irrevocably releases BCCWA from, and indemnifies BCCWA on demand against, any and all claims (including third party claims) for any damage, loss, cost, expense or injury whatsoever arising out of, or in connection with, the Fundraising Activity.
ii. The Organiser must provide the appropriate details of who is conducting the Fundraising Activity and complete the online event registration form properly and honestly. The information that the Organiser gives to BCCWA in respect of its Fundraising Activity must be made available to regulatory authorities on request. The Organiser must also notify BCCWA of any changes to the Fundraising Activity in advance.
Authority to fundraise
i. Regulation and ‘best practice’ in Australia requires that any person or organisation purporting to fundraise for a charitable organisation must have an ‘Authority to Fundraise’ issued by that charitable organisation.
ii. BCCWA will notify the Organiser in respect of any suspected or actual breach of these terms and conditions and will give the Organiser the opportunity to remedy the breach within 5 working days (in the jurisdiction where the Organiser is located).
iii. The Organiser acknowledges that, in the event any breach is not remedied within the prescribed period, BCCWA reserves the right to withdraw the ‘Authority to Fundraise’ granted to the Organiser at any time and agrees that BCCWA will not be responsible for any loss, damage, costs or expenses incurred by the Organiser as a result of such withdrawal.
Conditions relating to the Fundraising Activity
i. The Fundraising Activity must be held during the period set out in the ‘Authority to Fundraise’ provided to the Organiser by BCCWA for the purposes of the Fundraising Activity.
ii. BCCWA (including its officers and employees) is unable to provide any:
i. insurance coverage to the Organiser for the Fundraising Activity. BCCWA encourages the Organiser to make its own enquiries as to the type of policies and the level of cover required for the Fundraising Activity, if required; and
ii. assistance in soliciting prizes, organising publicity, or providing goods or services to assist the Organiser in the running of the Fundraising Activity.
iii. It is the Organiser’s sole responsibility to ensure that the Fundraising Activity meets the requirements of relevant State and Territory laws and regulations. BCCWA does not provide legal advice regarding compliance with these laws and regulations.
iv. The financial aspects of the Fundraising Activity and management thereof are solely the responsibility of the Organiser and the Organiser must comply with the relevant State or Territory laws and regulations in this regard. In this regard, the Organiser must:
i. keep records of income and expenditure relating to the Fundraising Activity;
ii. take responsibility for, and safely hold, all the money raised until completion of the Fundraising Activity; and
iii. provide current, accurate and complete funds, the income and expenditure records, accompanying receipts and donation records to BCCWA according to the instructions provided in the Purple Bra Day Fundraising Booklet no later than 14 days after completion of the Fundraising Activity.
i. BCCWA can provide official receipts for approved events upon written request in accordance with applicable taxation legislation and guidelines. Tax-deductible receipts can only be issued to people donating money of $2 or more. The Organiser must keep a register of all attendees/supporters eligible for a tax-deductible receipt either on the receipts on a register.
ii. Individual receipts will be sent to the Organiser for distribution to attendees/supporters. It is the responsibility of the Organiser to understand:
i. circumstances when a receipt can be issued, and to whom (NB: The following are not tax-deductible: Ticket purchases (e.g. raffle), entry to an event, donations of goods or services, auction purchases, or purchase of a device);
ii. the legal implications of issuing receipts and the necessity of returning official receipts books (used and unused) to BCCWA; and
iii. reconciliation of funds.