Terms of service policy

These terms and conditions are governed by the law in force in Australia.

Mwembe may change or modify these terms and conditions at any time and you agree to be bound by these terms and conditions as changed or modified. Notice of any changes or modifications will be provided by publishing the revised terms and conditions on this website only and separate notification will not be given to you individually.

Marketing

Mwembe uses images, videos and other marketing collateral in its digital and print media. Any intellectual property rights in these materials belongs to Mwembe and must not be used or reproduced in any way without Mwembe's express written consent.

Website

Use of this website is governed by these terms and conditions and the Privacy Policy found on this website.

Information on this website is of a general nature. Mwembe has made reasonable endeavours to ensure that information on this website is accurate, reliable and complete. Due to business developments the information on this website may change from time to time. To ensure that you receive the most up to date information you should not rely on all statements or representations made on this website and should contact Mwembe as required. No warranty of any kind, implied, express or statutory, is made by Mwembe in relation to the accuracy, adequacy, reliability or completeness of the information and materials on this website and Mwembe expressly disclaims liability for errors or omissions in such information and materials.

Other websites

To the extent permitted by law, Mwembe will not be liable in any way for any loss or damage which may be suffered by you in relying on the statements and representations made on this website, or through use or access to this website, or Mwemb’s failure to provide this website. This site may be linked to other sites that are not maintained by Mwembe. Mwembe is not responsible for the content of those sites and does not accept responsibility for the use or reliance of material of any website which is referred to or accessed through our websites. The inclusion of any link to such sites does not imply endorsement by Mwembe of the sites.

Website intellectual property

All intellectual property and copyright in this website or any other marketing collateral (in print or digital form) is owned by Mwembe, unless otherwise stated.

You are permitted only to access and download the contents on the website pages temporarily and for the sole purpose of viewing the information for personal use. If you have downloaded any material from our website under a Creative Commons licence, then the material must only be used in accordance with the licence.

Except for the use outlined above, or as otherwise permitted under the Copyright Act 1968 (Cth) or other applicable laws and regulations, no information on this website may be permanently copied, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed, stored, published, displayed or transmitted in any form, in whole or in part, by any process and you may not create derivative works from any part of this website or commercialise any information obtained from any part of this website without the specific written consent of Mwembe.

Cookies

Mwembe uses third parties to track data on this website to improve its performance and to enhance your browsing experience.

If you disable, remove or reject tracking, then you may not be able to access the full functionality of this website. You can manage your tracking preferences using the information for your web browser below:

Donations and refunds

Mwembe is registered as a charity with the Australian Charities and Not for Profits Commission.

All pricing and transactions on this website are stated in Australian Dollars (AUD) and are secured using 128 Bit Secure Socket Layer (SSL) encryption technology.

By completing a donation you certify that: 1. you accept the Terms & Conditions and the Privacy Policy, 2. you understand you can cease communication, or access and change your personal information by contacting us (contact details at the bottom of the page).

We only use your information to process your donations and communicate with you about our charitable objectives.

Donations by individuals can be made in the form of one-off donations, regular gifts or bequests. Mwembe will determine where the funds are directed within its services. If a donation is designated to a specific project, Mwembe will use reasonable endeavours to direct that donation to the designated project but is not obligated to comply with such requests. Donations of gifts in kind will also be directed as determined by Mwembe.

Mwembe can provide official receipts for approved donations of $2.00 or more. Donors providing single gifts receive a receipt for each donation and regular gifts receive an annual receipt, unless otherwise requested. Mwembe accepts anonymous donations.

Donations are not tax-deductible. Mwembe is in the process of applying to become a Deductible Gift Recipient in Australia.

Online donations

This website is enabled for online donations using a secure donation server. However, despite the security on the website, you should be aware that there are risks in transferring information across the Internet.

We record on our fundraising database the donor's name, address, email, telephone, and amount donated. Our fundraising database is protected by secure user IDs and passwords, to help protect it from misuse, unauthorised access, modification or disclosure. For more details on the collection and use of donor data, please see our Privacy Policy.

Refunds

To seek a donation refund you must contact Mwembe within 14 days of receipt (contact details below).

Any donation, purchase or other transactions made through the website by a user inserting that user’s credit card details is final and not disputable. Where there has been an unauthorised use of a user’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation may be considered for refund.

Mwembe thoroughly considers all requests for a refund and will ensure that genuine errors are corrected, however we are under no obligation to give refunds and the decisions on refunds will be at Mwembe’s discretion. If you would like to request a refund please provide details of how you made the donation, the amount, the date and the circumstances justifying your request.

Recurring donations

By setting up a recurring donation via our website using PayPal or Stripe, you have authorised Mwembe to arrange for donations to be debited from your credit card and you agree to make every effort to ensure funds are available on due dates.

Our commitment to you:

We will:

Keep your information confidential, except where permitted by law or for the purposes of this agreement (including to arrange or conduct direct debits or recurring payments with your financial institution) or to address a related query, dispute or claim
Debit your nominated financial institution account or credit card on your nominated date (or the next business day), of each week, unless otherwise specified by you (e.g. weekly, quarterly, or yearly debit frequency)
We may reattempt an unsuccessful donation debit within 15 days of the original debit date
Give you at least 14 days’ notice before we change the terms of this agreement.
Act in accordance with the legal processes governed by the associated credit card scheme or Bulk Electronic Clearing System (BECS) regulations
We will send you an annual receipt.

Your commitment to Mwembe:

It is your responsibility to:

Make sure your nominated bank financial institution can accept direct debit or recurring payments. These services may not always be available so ask your financial institution to be sure.
Ensure there are sufficient clear funds available for your nominated account or credit card to meet each donation on the due debit date as you may incur a fee by your financial institution
Check your account statement to verify the donations debited from your account are correct
Advise us at least 10 working days prior to the donation debit date if the nominated account or credit card is transferred or closed, the account or credit card details change, or if you would like to defer, cancel or alter the direct debit arrangement. You can do so by contacting us on the details at the bottom of this page.
Ensure all communication addressed to us includes your name/s, address and Supporter ID (if known).

Donations we cannot accept

In line with the Fundraising Institute Australia code we will not accept a donation where:

there is a reasonable belief that the donor is in vulnerable circumstances or lacks capacity to make a decision to donate; or
accepting the donation would compromise the interests and objectives of our cause
the cost of accepting the donation will be greater than the value of the donation; or
there is reason to believe that accepting the donation may give rise to litigation

Mwembe cannot accept funds raised in a way that is contrary to our values or may be seen to compromise or contradict the work Mwembe does. As a general rule Mwembe will NOT enter into a fundraising agreement or accept donations from individuals, groups or corporations (as cash, pro-bono or gifts in kind) that are involved in activities that are incompatible with the objects of our cause, including the following:

Illegal activities
Violence
Discrimination
Irresponsible use or sale of Alcohol (and/or drugs)
Gambling*
Tobacco
High safety risks
Risks to children and young people
Nudity or sexual imagery

*Mwembe may accept donations from some government owned or run programs [that are related to gambling] where revenue is required by legislation to be returned to benefit the community.

Community fundraising

Fundraising for Mwembe - terms & conditions

These Terms of Agreement provide the basis for a fundraiser/event to be organised by the Community Fundraiser on behalf of Mwembe. By signing and returning the Application to Fundraise, the Community Fundraiser indicates acceptance of these terms and conditions and there after these terms and conditions will form the basis of any dealings between Mwembe and the Community Fundraiser in relation to the fundraiser/event.

“Community Fundraiser” means the individual or organisation holding the fundraiser/event for the benefit of Mwembe. Community Fundraising activities must be consistent with industry guidelines and Mwembe's values as outlined in the section ‘Donations we cannot accept’.

For more information regarding our Community Fundraising Guidelines please contact us.

Approval

For a fundraiser to be approved, the Community Fundraiser will need to complete and sign the Application to Fundraise form. The Community Fundraiser will be notified in writing if their proposal is successful.

Mwembe reserves its right to withdraw its approval for the activity/event at any time if it appears that the Fundraiser is failing to adhere to any of the above terms and conditions. The Community Fundraiser accepts that Mwembe will not be liable for any loss or costs incurred by the Community Fundraiser as a result of withdrawing its approval.

Authority to fundraise

Regulation and best practice in Australia dictate that any person or organisation fundraising must have an ‘authority to fundraise’. The Community Fundraiser is not authorised to use Mwembe as its beneficiary charity until it has received an authorisation letter from Mwembe.

The ‘authority to fundraise’ will be sent by Mwembe after:

we have received a written and signed application from the Community Fundraiser;
we are satisfied that the fundraiser/event will produce a reasonable return after expenses have been deducted;
we are satisfied that the fundraising activity aligns to the aims and values of Mwembe
we are satisfied the fundraising activity is not high risk.

The fundraiser/event shall be conducted in the Community Fundraiser’s name and is the sole responsibility of the Community Fundraiser. The Community Fundraiser is responsible for all aspects of the fundraiser/event including event organisation, publicity and prizes and compliance with applicable laws and regulations. The Community Fundraiser is expected to understand circumstances as to when a receipt can be issued and the charitable rules and regulations around donations. The Community Fundraiser may fundraise during the approved dates only, and only for the approved event or activity indicated in the Authority to Fundraise letter. If one wishes to extend or change any aspect of their fundraising event or activity, additional approval from Mwembe needs to be sought.

Mwembe is not able to take a coordination role in Community Fundraising activities and its officers cannot assist in soliciting prizes, organising publicity, or providing goods or services to assist the Community Fundraiser in the running of the fundraiser/event. If the Fundraiser would like a representative of Mwembe to attend the activity/event, they should notify Mwembe as early as possible. Mwembe cannot guarantee attendance, but we are always able to provide a comment to be read out or a video to be played on our behalf.

Legal implications

The event/fundraiser must meet the requirements of relevant State and Territory laws and regulations. The information given to Mwembe must be available to regulatory authorities on request. Mwembe does not provide legal advice regarding compliance with these laws and regulations.

Mwembe’s reputation

Because of the nature of our organisation and the high ethical standards under which we operate, there are some events with which we cannot be associated. We cannot endorse some activities, including:

extreme sports such as parachuting, paragliding or bungy jumping,
motor vehicle and motor bike racing and activities that involve marine racing unless the Fundraiser provides evidence of public liability insurance to cover themselves and their participants;
gambling;
games of chance that do not comply with State legislation;
activities of a sexual nature; or
activities that promote harm to self or the environment.

Insurance

Mwembe is unable to provide public liability insurance cover to Community Fundraisers. Mwembe accepts no liability for personal injury, property damage or death arising in any manner from a fundraiser’s activity. Community Fundraisers must make sure that they take out an insurance policy which covers any risk associated with their fundraising activity or event.

Using the Mwembe's name and logo

Please remember that the event will not be Mwembe’s event, but an event to raise funds for donation to Mwembe.

All material with which the Mwembe name and logo is to be associated must first be approved by Mwembe in writing.

If the Community Fundraiser wishes to utilise the Mwembe name and/or logo on any materials or products, the Community Fundraiser must obtain prior permission from Mwembe.

References to Mwembe

If the Community Fundraiser wishes to refer to or promote Mwembe, it must refer to Mwembe as “Mwembe” or "Mwembe Foundation Australia".

Printed materials

Any material, pamphlets, brochures or products must be submitted to Mwembe for approval before a request to use the logo will be granted. All printed material including media releases must be forwarded to Mwembe for approval prior to being printed or circulated.

Use of the logo

Permission to use the Mwembe's logo must be requested and will attract conditions to be negotiated between Mwembe and the Community Fundraiser, especially if the use of the logo is for marketing activities of the organisation. A minimum amount of donation may have to be guaranteed for activities of this nature. Guidelines on how to use the logo are supplied in the Community Fundraiser’s Toolkit.

Participation of children in a fundraising activity

Some States have special regulations that apply when children participate in an appeal. Different rules apply for children of different pages. If the Community Fundraiser plans to involve children in their fundraising activity/ event, they will be required to comply with further child-safe guidelines from Mwembe before proceeding with their activity/event, including ensuring the safety of children by adequately supervising them and ensuring that there are always two adults present (unless the child’s parent/guardian is present).

Finance, records and receipting

The financial aspects of fundraising, raffles, record keeping and management of the fundraiser/event are entirely the responsibility of the Community Fundraiser and the Community Fundraiser must comply with the relevant State or Territory laws and regulations.

The following is a summary of financial reporting typical of that required from Community Fundraisers which is needed to protect the public interest:

set-up and maintain proper financial records and accounts which can be audited if necessary;
provide Mwembe at the outset with an accurate estimate of expenses and the likely proceeds of the fundraiser/event;
where necessary/appropriate, set up a separate bank account that mentions Mwembe’s name. All funds are to be banked into this separate bank account. This account must be closed after the event;
money raised and details of actual income and expenditure must be returned to Mwembe within four (4) weeks of the fundraising activity. Once Mwembe confirms receipt of the funds. A certificate of acknowledgement of funds raised (usually for substantial funds received, or for a large event) can be issued upon request; and
Mwembe cannot pay expenses incurred, but the Fundraiser can deduct necessary expenses from the proceeds of the event, provided they are properly documented. (Total expenses must be less than 40% of total proceeds).

Receipts

Mwembe can provide official receipts for approved events. Receipts are not tax-deductible.

Schools, organisations or fundraisers who have collated individuals’ donations cannot receive a receipt for the collective donation amount where individual receipts have been issued.

It is the responsibility of the Community Fundraiser to understand:

circumstances when a receipt can be issued, and to whom;
the legal implications of issuing receipts and the necessity of returning official receipts books (used and unused) to Mwembe; and
reconciliation and collection of funds, which needs to be counted/verified and witnessed by a minimum of two people and accurately recorded by the Fundraiser as outlined by charitable fundraising laws and regulations in the relevant state.

Feedback and complaints

Feedback or complaints can be provided by contacting us (contact details below).