Cure Brain Cancer Foundation – Terms & Conditions

1. Acceptance of Terms

By accessing or using curebraincancer.org.au, walk4braincancer.com.au, or any associated websites, pages, platforms or online services (“Websites”), you agree to these Terms & Conditions. If you do not agree, you must not use the Websites.

These Terms apply to all visitors, donors, supporters, fundraisers, event participants, purchasers, and other users of the Websites.

The Websites are owned and operated by Cure Brain Cancer Foundation (ABN 22 121 906 036), Level 10, 135 Macquarie Street, Sydney NSW 2000 (“we”, “us”, “our”).

If you register for an event, create a fundraising page, make a donation, purchase merchandise, submit content, or participate in a campaign, additional terms may apply. If there is any inconsistency, the additional terms apply to the extent of the inconsistency.

2. Use of Website

You agree not to misuse the Websites, upload harmful material, attempt unauthorised access, interfere with the operation or security of the Websites, or engage in unlawful, defamatory, abusive, misleading, infringing, or otherwise inappropriate behaviour.

You must not:

• use the Websites in breach of any applicable law
• upload or transmit viruses, malicious code or harmful material
• attempt to gain unauthorised access to any account, system or data
• impersonate any person or misrepresent your affiliation with any person or organisation
• copy, scrape, harvest or use Website content or data for unauthorised commercial purposes

We may remove, refuse, disable or moderate any content you post, including comments, fundraising page content and images, and may suspend or restrict access to the Websites at our discretion.

3. Engagement of Children and Minors

Cure Brain Cancer Foundation does not knowingly solicit, collect, or accept personal information or donations from individuals under the age of 18 without parental or guardian consent where that consent is required.

By using the Websites or participating in fundraising or events, you confirm that you are 18 years of age or older, or that you have obtained consent from a parent or legal guardian.

Parents and guardians are responsible for supervising minors and ensuring that any personal information or content provided is appropriate. We may cancel donations, registrations, participation, or fundraising activity if it is reasonably believed a minor acted without proper consent.

Additional age or supervision requirements may apply for particular events or activities.

4. Intellectual Property

All Website content—including imagery, text, graphics, reports, video, artwork, branding, logos, trademarks, and downloadable material—is owned by, or licensed to, Cure Brain Cancer Foundation unless otherwise stated.

You may access and download content from the Websites for your personal, non-commercial use only, provided you do not remove any copyright, trade mark or other proprietary notices. Reproduction, republication, distribution, adaptation, modification, communication to the public, or other use without prior written permission is prohibited.

Use of the Cure Brain Cancer Foundation name, logo or other branding requires prior written approval.

We do not claim ownership of third-party images or material used on the Websites where ownership is stated to belong to another party.

If you submit content to us, including fundraising page content, comments, images, videos, stories or testimonials, you grant Cure Brain Cancer Foundation a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, adapt and communicate that content for our charitable, promotional, fundraising, campaign and operational purposes, subject to any specific consent terms applying to that content.

5. Medical Information Disclaimer

Information on the Websites is provided for general educational and informational purposes only. It does not constitute medical advice, diagnosis, treatment advice, or a substitute for professional healthcare advice. Always consult qualified healthcare professionals regarding diagnosis, treatment, or medical concerns.

6. Donations

6.1 Processing

Donations are processed through our payment service providers and may take up to 48 hours, or longer in some circumstances, to appear as completed. Receipts are generally issued by email. We do not intentionally store your full credit card details.

6.2 Tax Deductibility

Donations of AUD $2.00 or more made in Australia may be tax-deductible where they are gifts within the meaning of applicable tax law. Cure Brain Cancer Foundation is endorsed as a Deductible Gift Recipient (DGR1). Not all payments to us will necessarily be tax-deductible, including where a payment is made in exchange for goods, services or event participation.

6.3 Use of Donations

Unless expressly stated otherwise at the time of donation, donations are treated as unrestricted and may be applied to support our charitable purpose and mission, including research, advocacy, patient and carer support, awareness activities, fundraising, administration, and operational costs.

If a particular campaign, appeal, project, or target is oversubscribed, closed, completed, suspended, or no longer reasonably practicable, we may apply donations to a similar purpose or to our broader charitable mission.

6.4 Refunds

Refunds are generally not provided for change of mind. However, subject to applicable law, including the Australian Consumer Law where relevant, we may in our discretion consider refund requests in appropriate circumstances, including:

• accidental duplicate donations
• incorrect donation amounts
• unauthorised transactions
• verified fraud

Requests should be submitted promptly via info@curebraincancer.org.au, together with sufficient details to enable us to investigate the request.

7. Fundraising and Events

Participation in events or fundraising is at your own risk, except to the extent liability cannot be excluded by law.

Supporters creating fundraising pages (“peer-to-peer fundraising”) agree that:

• all content is accurate, lawful, and respectful
• they do not misrepresent Cure Brain Cancer Foundation or imply endorsement beyond what we authorise
• they are responsible for ensuring that any personal information collected from donors or participants is handled lawfully
• Cure Brain Cancer Foundation may edit, disable, suspend, or remove pages or content at any time

You must comply with any event-specific rules, campaign requirements, safety instructions, and fundraising guidelines notified by us from time to time.

Event-specific Terms & Conditions prevail over these Terms if inconsistent.

More information is available in our Community Fundraising Guidelines.

8. Merchandise, Orders, and Shipping

All product descriptions, pricing, availability, and images are provided as accurately as possible. However, we do not warrant that product descriptions, images or other content are complete, current or error-free.

Orders are subject to availability and acceptance. We may cancel or decline an order, including where there is an error in pricing or description, where stock is unavailable, or where fraud or misuse is suspected. If payment has already been processed for a cancelled order, we will arrange an appropriate refund.

Delivery times vary depending on method and destination and exclude weekends and public holidays. Shipping fees apply at checkout. Cure Brain Cancer Foundation currently ships only within Australia unless otherwise stated.

All prices are in AUD and include GST where applicable. International donors and purchasers acknowledge that currency conversions, bank fees, and exchange fluctuations may affect the amount charged for recurring donations or other payments.

Nothing in these Terms excludes rights you may have under the Australian Consumer Law.

9. Payments

We accept:

• Credit Card
• Debit Card 
• Apple Pay

Donations may also be made via:

• Phone: (02) 8973 1400
• Cheque (PO Box R747, Royal Exchange NSW 1225)
• Direct deposit (contact community@curebraincancer.org.au)

By making a payment, you confirm that you are authorised to use the selected payment method and that the information you provide is accurate and complete.

If you sign up to a recurring donation, you authorise us or our payment service provider to process recurring payments in accordance with the donation arrangement selected by you, until cancelled by you or by us.

If making a recurring donation via Direct Debit, you agree to our Direct Debit Service Agreement. 

10. Electronic Communications

By providing your contact details, you consent to receiving:

• receipts and administrative messages
• service updates
• fundraising and marketing communications where permitted by law

You may opt out of marketing communications at any time. However, you may still receive service, transactional, donation, event, or other administrative communications relevant to your dealings with us.

11. Third-Party Services & Links

We use third-party platforms and providers for functions such as fundraising, payments, CRM, website hosting, communications, and event management.

To the extent permitted by law, Cure Brain Cancer Foundation is not responsible for:

• the availability, operation or performance of third-party services
• errors, outages or security incidents caused by third-party providers
• the content, terms or privacy practices of externally linked websites or services

Accessing third-party services or linked websites is at your own risk and may be subject to the terms and conditions and privacy policies of those third parties.

12. Security

We use Secure Sockets Layer (SSL) or similar security measures and take reasonable steps to protect information provided through the Websites. However, no method of transmission over the internet or electronic storage is completely secure.

You agree not to bypass security measures, probe or test the vulnerability of the Websites, or access unauthorised data, systems or accounts.

13. Privacy

Your personal information is handled in accordance with our Privacy Policy, available on the Websites.

14. Complaints & Dispute Resolution

We adhere to the FIA Code of Conduct and National Fundraising Principles.

Complaints may be submitted to:

Company Secretary

Level 10, 135 Macquarie Street, Sydney NSW 2000

Phone: (02) 8973 1400

Email: info@curebraincancer.org.au

We aim to acknowledge complaints within 5 business days and to respond within a reasonable timeframe.

If a complaint cannot be resolved directly with us, you may escalate the matter to the ACNC, your state or territory fundraising regulator, or another relevant body depending on the nature of the complaint.

15. Limitation of Liability

To the maximum extent permitted by law, Cure Brain Cancer Foundation excludes all liability for any loss, damage, cost or expense arising from or in connection with:

• use of, or inability to use, the Websites
• reliance on Website content
• participation in fundraising or events
• third-party service failures, interruptions or errors
• unauthorised access, security breaches, or malicious code not caused by our breach of law

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or any loss of revenue, opportunity, profits, goodwill or data.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.

16. Indemnity

You indemnify Cure Brain Cancer Foundation, its officers, employees, agents, and volunteers against claims, losses, liabilities, costs, damages and expenses arising from your breach of these Terms, your misuse of the Websites, or your unlawful or negligent acts or omissions in connection with the Websites, fundraising activities, events or submitted content.

This indemnity applies only to the extent permitted by law and does not apply to the extent that any loss or liability is caused by our negligence, fraud or wilful misconduct.

17. Termination

We may suspend, restrict or terminate your access to the Websites, or disable fundraising pages, registrations or user content, if you violate these Terms or engage in unlawful, misleading, abusive, or otherwise inappropriate conduct.

Termination or suspension does not affect any rights or obligations accrued before termination. Clauses that by their nature are intended to survive termination, including clauses relating to intellectual property, liability, indemnity, complaints and governing law, will continue to apply.

18. Accessibility

If you experience difficulty accessing content on our Websites, please contact info@curebraincancer.org.au for assistance or to discuss alternative formats where reasonably practicable.

19. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.

20. Changes to Terms

We may update these Terms at any time by posting the amended version on the Websites.

Changes take effect from the time they are posted, unless otherwise stated. Continued use of the Websites after changes are posted constitutes acceptance of the updated Terms.

21. Fundraising Compliance

Cure Brain Cancer Foundation complies with:

• applicable state and territory fundraising legislation
• FIA Code of Conduct
• National Fundraising Principles
• ACNC regulatory obligations

By fundraising or donating, you acknowledge that Cure Brain Cancer Foundation operates in accordance with these requirements. You must also comply with any directions or guidelines we issue in relation to fundraising conducted on our behalf.

22. Contact

For questions regarding these Terms:

Company Secretary

Level 10, 135 Macquarie Street, Sydney NSW 2000

Phone: (02) 8973 1400

Email: info@curebraincancer.org.au