Terms & Conditions
The Multiple Sclerosis Society of South Australia & Northern Territory Inc
Community Fundraising Guidelines
Thank you for your interest in fundraising for The Multiple Sclerosis Society of South Australia & Northern Territory Inc ABN 85 662 359 859 (MS Society). As a charity supporting people living with multiple sclerosis, your community fundraising activities are essential to our ongoing mission to provide reliable information, allied health and social supports to minimise the impact of multiple sclerosis and other neurological conditions.
These terms and conditions have been prepared to assist you in understanding your obligations and our requirements for people involved in running fundraising activities or holding fundraising events for and on behalf of the MS Society.
Please read these terms and conditions carefully and if you agree to accept the terms and conditions please complete the ‘Application to Fundraise Form’ at the back of these terms and conditions (Application Form). Once you have completed the Application Form and returned it to us (as outlined below) we will provide you with an authorisation letter as soon as possible.
- Definitions
- The Community Fundraiser means the individual or organisation managing or holding the fundraising activity or event on behalf of the MS Society. They will be the person or organisation named on the Application Form.
- Fundraising means the fundraising activity or event outlined by the Community Fundraiser in the Application Form and for which an Authority has been issued by the MS Society.
- Fundraising for the MS Society
- The MS Society is legally required to approve and authorise all volunteer fundraising activities. The MS Society will notify you in writing once your request has been approved and you should not start any fundraising until you receive this written authority.
- Application Forms should be sent either:
- by mail to PO Box 377, Salisbury South DC, South Australia 5106 (MS Society Office); or
- by email to events@ms.asn.au.
- The MS Society is not able to accept Application Forms from people residing outside of Australia or for fundraising that takes place outside Australia, but non-residents are able to make online donations to the MS Society at https://www.ms.asn.au or https://www.teammssant.org.au.
- Because of the health focus and charitable nature of the MS Society there are some fundraising activities that cannot be associated with the MS Society. These include:
- fundraising that promotes smoking or unhealthy habits;
- fundraising which poses a risk to either participants or the general public;
- fundraising activities that are unlawful, unethical or immoral; and
- fundraising activities that do not embody the values of the MS Society.
- If we consider that fundraising falls outside of what is acceptable for the MS Society, we will let you know why we cannot authorise the requested fundraising and, if possible, suggest changes which may make the activity or event acceptable to the MS Society.
- It is the MS Society’s preference that the Community Fundraiser uses the MS Society official tamper-proof collection containers (which can be requested in the Application Form) (MS Society Container) to collect funds in connection with the Fundraising. In some special circumstances where a Community Fundraiser is unable to use the MS Society Container, the MS Society may (in its discretion) provide authority for other methods to transfer funds raised from the Fundraising (such as credit card or bank transfer).
- If you are approved, you will be provided with a letter giving you authority to undertake the specified Fundraising for and on behalf of the MS Society (Authority). This Authority will only be issued when:
- a signed Application Form has been received and reviewed by the MS Society;
- the Fundraising has been confirmed as appropriate for the MS Society; and
- the MS Society considers that the Fundraising does not hold a high risk.
- Any changes which you decide are necessary for your Fundraising should be reported to the MS Society as soon as possible.
- Community Fundraiser
- All Fundraising activities conducted for the MS Society must be conducted in the name of the Community Fundraiser and is the responsibility of the Community Fundraiser.
- If a Community Fundraiser is an individual under the age of 18 (Child):
- they should get their parent or guardian (Parent) to sign the Application Form;
- the Child’s Fundraising will need to be supervised by the Parent;
- the Child must be accompanied by the Parent whenever collecting donations; and
- the Parent will assume all responsibility and liability for the Fundraising including any liability under clause 8.
- Assistance from the MS Society
- While we can help with your Fundraising in a number of ways, you must be aware that the MS Society is not able to take a co-ordination or management role, nor can we assist in providing or soliciting prizes, organising publicity or providing volunteers, goods or other services to you in connection with the Fundraising.
- MS Society has insurance for its own employees and events. Unfortunately, we cannot provide any insurance or liability cover for Community Fundraisers or other volunteers.
- All aspects of financial liability, public liability and public safety relating to the Fundraising is the sole responsibility of the Community Fundraiser. You should consider whether you need public liability or other insurance cover in connection with your Fundraising before agreeing to fundraise for the MS Society.
- While we will assist where we can, the MS Society does not undertake media relations for Community Fundraisers and cannot provide contacts to use during the promotion of the Fundraising.
- The Community Fundraiser must not contact the MS Society’s current corporate partners and sponsors without prior written authorisation of the MS Society. These partners and supporters already contribute generously to our activities throughout the year and we ask that you refrain from contacting them directly.
- Use of the MS Society’s name and logo
- The Community Fundraiser must submit to the MS Society and obtain its written approval before the release of any materials, advertisements or products which use the MS Society’s name or logo.
- We are happy for you to promote and use MS Society branding once approval has been given, however please be aware that an authorisation to use the MS Society branding only gives the right to raise funds through the Fundraising on behalf of the MS Society and does not give the Community Fundraiser any other authority to represent the MS Society.
- Community Fundraisers:
- should not state or represent (for example in Fundraising marketing material or interaction with the media) that they are or represent the MS Society in any other capacity than as a Community Fundraiser in relation to the Fundraising;
- should state clearly that the funds raised from the Fundraising are to be donated to the MS Society; and
- where possible, should detail the amount or proportion of the total amount raised from the Fundraising that will be donated to the MS Society.
- Financial Aspects of the Event
- When collecting donations on behalf of the MS Society, Community Fundraisers should:
- use the MS Society Containers for any collections in the form of cash, cheques or money orders (cheques and money orders to be made out to “Multiple Sclerosis Society of SA & NT”);
- ask that any credit card or bank transfer donations be made by phoning the MS Society on (08) 7002 6500 or via https://www.ms.asn.au or https://www.teammssant.org.au.
- provide donors with an official MS Society receipt (receipt books can be requested on the Application Form) for any tax-deductible donation over $2; and
- comply with any requirements of the Australian Taxation Office regarding when donations are not tax deductible (eg if the person receives goods or services in return such as a raffle or entry to an event).
- Community Fundraisers will have an online fundraising page through the Team MS website (www.teammssant.org.au).
- Community Fundraisers should keep records of the income and expenditure relating to the Fundraising. All financial aspects including record keeping and financial management of the Fundraising are entirely the responsibility of the Community Fundraiser.
- The Community Fundraiser is also responsible for all expenses relating to the Fundraising and the MS Society is unable to either pay up front or reimburse for any associated costs.
- The proceeds of the Fundraising are to be donated to the MS Society within 28 days of the conclusion of the Fundraising by:
- delivering the unopened MS Society Container to the MS Society Office (where it can only be opened by a MS Society staff member); or
- if approved by the MS Society in the Authority:
- mailing or delivering a cheque to the MS Society Office;
- depositing the funds directly into the following MS Society fundraising bank account. Details are available on request.
- making a credit card payment over the phone to the MS Office on (08) 7002 6500.
- The Community Fundraiser must receive prior approval from the MS Society before deducting any costs or expenses from Fundraising proceeds.
- When depositing or sending any Fundraising money to the MS Society as outlined above, Community Fundraisers should include their unique reference number and/or name and details of their Fundraising so that their efforts can be recognised and appreciated.
- Permits, licenses and authorisations
- The Community Fundraiser agrees that it has or will have all appropriate insurances required for or in connection with the Fundraising before any Fundraising activities commence.
- The Fundraising must comply with the requirements of any laws and regulations in the state and territory that it is to take place including (but not limited to):
- in SA – the Collections for Charitable Purposes Act 1939 (SA) and the Lottery and Gaming Act 1936 (SA); and
- in NT – the Gaming Control Act 1993 (NT).
- The laws can vary from state to state and if you are unsure, you should raise that with us when you apply for an authorisation to fundraise.
- Some fundraising activities require certain permits licenses and authorisations to be issued or granted by the relevant state government and/or local council department (Permits). It is the Community Fundraiser’s responsibility to ensure that all Permits required for the Fundraising are obtained prior to its commencement.
- It is the Community Fundraiser’s obligation to contact the local council, police, schools and any other relevant authorities in relation to the Fundraising to obtain any necessary Permits and/or put them on notice of upcoming events.
- Community Fundraisers will need to provide all staff and volunteers required to run the Fundraising and should ensure that they are made aware of their obligations under these terms and conditions.
- Community Fundraisers are responsible for ensuring the safety of themselves and any attendees at their Fundraising events and must provide any necessary first aid services.
- The MS Society is a child safe organisation and has a Child Safe Environment Policy in place which can be found at https://www.ms.asn.au/child-safe-environment-policy. By submitting an Application Form, Community Fundraisers agree to comply with the MS Society Child Safe Environment Policy.
- Community Fundraisers should not provide any advice or make any statements to the public regarding the services or operations of the MS Society and should refer any such queries to the staff at the MS Society Office.
- Liability
- As the MS Society is not the organiser of the Fundraising, it does not accept any liability on the Community Fundraiser’s behalf.
- To the maximum extent permissible under the law:
- all aspects of financial and public liability are the responsibility of the Community Fundraiser; and
- the MS Society accepts no responsibility for any loss, liability or injury, occupational, health, safety and welfare claims arising from the Fundraising.
- The MS Society makes no representations or warranties as to the suitability and/or appropriateness of any Fundraising by the Community Fundraiser.
- General Obligations of Community Fundraiser
- The Community Fundraiser must act in the best interests of the MS Society in the conduct of the Fundraising. While we understand there may be costs associated with running an event, it must be run for the benefit of the MS Society and not for personal gain.
- If the MS Society discloses any confidential information to the Community Fundraiser, the Community Fundraiser must take reasonable steps to protect that information and not make any unauthorised disclosure of that information.
- Community Fundraisers must comply with the MS Society Privacy Policy available at https://www.ms.asn.au/privacy-policy.
- At all times when engaging in volunteering fundraising for the MS Society, the Community Fundraiser must ensure the positive promotion of the MS Society and it’s work and activities.
- If the MS Society believes that the Community Fundraiser will or may breach either these terms and conditions or our ethical standards, we retain the right to withdraw our authorisation for the Fundraising. If we withdraw our approval, we will notify the Community Fundraiser in writing.
- Acknowledgement of your contribution
Only once funds are received can the MS Society issue an official thank you letter or receipt (if applicable) and provide acknowledgement of your contribution. The issuing of tax-deductible receipts is based on the conditions outlined by the Australian Taxation Office. You can access information regarding tax deductibility on www.ato.gov.au/nonprofit.
- Thankyou
Finally, and most importantly, thank you for taking the time to fundraise for the MS Society. We hope you enjoy your Fundraising and know that you are helping to provide essential services to people living with multiple sclerosis and supporting MS research.