WEBSITE TERMS OF USE
This website (www.rallyforacause.org.au) is operated by Rally for a Cause (we, our or us). It is available at: www.rallyforacause.org.au and may be available through other addresses or channels.
Consent: By accessing and/or using our Site, you agree to these terms of use [and our Privacy Policy (available on our Site). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
· anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
· using our Site to defame, harass, threaten, menace or offend any person;
· interfering with any user using our Site;
· tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
· using our Site to send unsolicited email messages; or
· facilitating or assisting a third party to do any of the above acts.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
· copy or use, in whole or in part, any Content;
· reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
· breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
· you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
· neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
· We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
· they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
· access will be uninterrupted, error-free or free from viruses; or
· our Site will be secure
· you read, use and act on our Site and the Content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of [insert the State your business is based in]. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in [insert the State your business is based in] and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Directors at Rally for a Cause
Email: admin@rallyforacause.org.au
Last update: 19th October 2021
PRIVACY POLICY
This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our www.rallyforacause.org.au and associated mobile application and merchant facilities. In this Privacy Policy we, us or our means Rally for a Cause with ABN 33 632 815 233.
Personal information
The types of personal information we may collect about you include:
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
Disclosure of personal information to third parties
We may disclose personal information to:
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
How we treat personal information that is also sensitive information
Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.
This policy is intended to ensure that we handle complaints fairly, efficiently and effectively.
This policy provides guidance to our staff and people who wish to make a complaint on the key principles and concepts of our complaint management system.
This policy applies to all staff (paid and volunteer), contractors and our governing body, receiving or managing complaints from the public and connections made to or about us, regarding our products, services and staff, or our complaint handling process.
When member-based organisations are addressing complaints by their connections, care needs to be taken that the complaint handling policy and procedure fits with other requirements that might be in the constitution or legislation like incorporated associations. Also note that for professional membership bodies or large membership bodies, other member-specific policies might be required eg, code of conduct for fundraising in Australia. Often if a matter escalates to a dispute it may be good to have a mechanism for mediation etc.
This organisation expects staff at all levels to be committed to fair, effective and efficient complaint handling. The following table outlines the nature of the commitment expected from staff and the way that commitment should be implemented.
Who
Commitment
How
Ops Manager or chair
Promote a culture that values complaints and their effective resolution
Provide adequate support and direction to key staff responsible for handling complaints.
Regularly review reports about complaint trends and issues arising from complaints.
Encourage all staff to be alert to complaints and assist those responsible for handling complaints to resolve them promptly.
Encourage staff to make recommendations for system improvements.
Support recommendations for service, staff and complaint handling improvements arising from the analysis of complaint data.
Ops Manager
Demonstrate exemplary complaint handling practices
Treat all people with respect, including people who make complaints.
Assist people to make a complaint, if needed. Comply with our policy and associated procedures.
Provide regular feedback to management and/or the Directors on issues arising from complaints.
Provide suggestions to management on ways to improve our complaints management system.
Implement changes arising from individual complaints and from the analysis of complaint data as directed by management.
All staff and Volunteers etc
Understand and comply with our complaint handling practices.
Treat all people with respect, including people who make complaints.
Be aware of our complaint handling policies and procedures.
Assist people who wish to make complaints access our complaints process.
Be alert to complaints and assist staff handling complaints resolve matters promptly.
Complaint
An expression of dissatisfaction made to or about us, our services, staff or the handling of a complaint where a response or resolution is explicitly or implicitly expected or legally required.
As well as complaints being made directly to our organisation, remember that some complaints (or at least negative comments) are made on social media.
Complaint handling/management system
All policies, procedures, practices, staff, hardware and software used by us in the management of complaints.
Dispute
An unresolved complaint escalated either within or outside of our organisation.
Feedback
Opinions, comments and expressions of interest or concern, made directly or indirectly, explicitly or implicitly, to or about us, about our services or complaint handling system where a response is not explicitly or implicitly expected or legally required.
Grievance
A clear, formal written statement by an individual staff member about another staff member or a work-related problem.
Policy
A statement of instruction that sets out how we should fulfil our vision, mission and goals.
Procedure
A statement or instruction that sets out how our policies will be implemented and by whom.
An effective complaint handling system must be modelled on the principles of fairness, accessibility, responsiveness, efficiency and integration into organisational culture.
People focus
We are committed to seeking and receiving feedback and complaints about our services, systems, practices, procedures, products and complaint handling.
Any concerns raised in feedback or complaints will be dealt with within a reasonable time frame.
People making complaints will be:
No detriment to people making complaints
We will take all reasonable steps to ensure that people making complaints are not adversely affected because a complaint has been made by them or on their behalf.
Anonymous complaints
We accept anonymous complaints if there is a compelling reason to do so and will carry out a confidential investigation of the issues raised where there is enough information provided.
Accessibility
We will ensure that information about how and where complaints may be made to or about us is well publicised on our website (if available). We will ensure that our systems to manage complaints are easily understood and accessible to everyone, particularly people who may require assistance.
If a person prefers or needs another person or organisation to assist or represent them in the making and/ or resolution of their complaint, we will communicate with them through their representative if this is their wish. Anyone may represent a person wishing to make a complaint with their consent (e.g. advocate, family member etc)
No charge
Complaining to us is free.
Complaints are all received via the complaints section of the website.
Early resolution
Where possible, complaints will be resolved at first contact with us.
When appropriate we may offer an explanation or apology to the person making the complaint.
Responsiveness
We will promptly acknowledge receipt of complaints.
We will assess and prioritise complaints in accordance with the urgency and/or seriousness of the issues raised. If a matter concerns an immediate risk to safety or security the response will be immediate and will be escalated appropriately.
We are committed to managing people’s expectations, and will inform them as soon as possible, of the following:
We will advise people as soon as possible when we are unable to deal with any part of their complaint and provide advice about where such issues and/or complaints may be directed (if known and appropriate).
We will also advise people as soon as possible when we are unable to meet our time frames for responding to their complaint and the reason for our delay.
Objectivity and fairness
We will address each complaint with integrity and in an equitable, objective and unbiased manner.
We will ensure that the person handling a complaint is different from any staff member whose conduct or service is being complained about.
Conflicts of interest, whether actual or perceived, will be managed responsibly. In particular, internal reviews of how a complaint was managed will be conducted by a person other than the original decision maker.
Responding flexibly
Our staff are empowered to resolve complaints promptly and with as little formality as possible. We will adopt flexible approaches to service delivery and problem solving to enhance accessibility for people making complaints and/or their representatives.
We will assess each complaint on its merits and involve people making complaints and/or their representative in the process as far as possible.
Confidentiality
We will protect the identity of people making complaints where this is practical and appropriate.
Personal information that identifies individuals will only be disclosed or used by us as permitted under the relevant privacy laws, secrecy provisions and any relevant confidentiality obligations.
Complaints involving multiple agencies
Where a complaint involves multiple organisations, we will work with the other organisation/s where possible, to ensure that communication with the person making a complaint and/or their representative is clear and coordinated.
Subject to privacy and confidentiality considerations, communication and information sharing between the parties will also be organised to facilitate a timely response to the complaint.
Where a complaint involves multiple areas within our organisation, responsibility for communicating with the person making the complaint and/or their representative will also be coordinated.
Where our services are contracted out, we expect contracted service providers to have an accessible and comprehensive complaint management system. We take complaints not only about the actions of our staff but also the actions of our service providers.
Empowerment of staff
All staff managing complaints are empowered to implement our complaint management system as relevant to their role and responsibilities.
Staff are encouraged to provide feedback on the effectiveness and efficiency of all aspects of our complaint management system.
Managing unreasonable conduct by people making complaints
We are committed to being accessible and responsive to all people who approach us with feedback or complaints. At the same time our success depends on:
When people behave unreasonably in their dealings with us, their conduct can significantly affect the progress and efficiency of our work. As a result, we will take proactive and decisive action to manage any conduct that negatively and unreasonably affects us and will support our staff to do the same in accordance with this policy.
Alternative avenues for dealing with complaints
We will inform people who make complaints to or about us about any internal or external review options available to them (including any relevant Ombudsman or oversight regulatory bodies).
The three levels of complaint handling
Level 1
We aim to resolve complaints at the first level, the frontline. Wherever possible staff will be adequately equipped to respond to complaints, including being given appropriate authority, training and supervision.
Level 2
Where this is not possible, we may decide to escalate the complaint to a more senior officer within our organisation. This second level of complaint handling will provide for the following internal mechanisms:
Level 3
Where a person making a complaint is dissatisfied with the outcome of our review of their complaint, they may seek an external review of our decision (by the Australian Charities and Not-for- Profits Commission for example).
We will ensure that complaints are recorded in a systematic way so that information can be easily retrieved for reporting and analysis by management and the governing body of Directors.
We will run reports on:
We will continually monitor our complaint management system to:
We are committed to improving the way our organisation operates, including our management of the effectiveness and efficiency of our complaint management system. To this end, we will:
Introduction
When responding to complaints, staff (paid and volunteer) act in accordance with complaint handling procedures as well as any other internal documents providing guidance on the management of complaints.
Staff should also consider any relevant legislation and/or regulations when responding to complaints and feedback.
The five key stages in our complaint management system are set out below
Unless the complaint has been resolved at the outset, we will record the complaint and its supporting information via the form available on the website. This is connected to a spreadsheet and record of all complaints.
The record of the complaint will document:
We will acknowledge receipt of each complaint promptly, and preferably within 10 working days. When appropriate we may offer an explanation or apology.
Consideration will be given to the most appropriate medium (e.g. email, letter) for communicating with the person making a complaint.
After acknowledging receipt of the complaint, we will confirm whether the issue/s raised in the complaint is/are within our control. We will also consider the outcome/s sought by the person making a complaint and, where there is more than one issue raised, determine whether each issue needs to be separately addressed. When determining how a complaint will be managed, we will consider:
After assessing the complaint, we will consider how to manage it. We may:
We will keep the person making the complaint up-to-date on our progress, particularly if there are any delays. We will also communicate the outcome of the complaint using the most appropriate medium. Which actions we decide to take will be tailored to each case and take into account any statutory requirements.
Following consideration of the complaint and any investigation into the issues raised, we will contact the person making the complaint and advise them:
We will keep records about:
We will ensure that outcomes are properly implemented, monitored and included in reports to Directors or applicable Committees.
For any questions or notices, please contact our Directors at:
Rally for a Cause with ABN 33 632 815 233.
admin@rallyforacause.org.au
Last update 19.10.2021
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