Terms & Conditions

Red Nose Limited is an ACNC registered charity (ABN 81 462 345 159), which owns the trademarks for Red Nose Day® and related variations in Australia.

Red Nose Day fundraising activities help to fund research, education and bereaved support services.

Content created by Red Nose Limited
Red Nose owns or licenses from third parties all the trademarks, copyright and other intellectual property that exists on or within the Site. You must not copy or otherwise reproduce any of the graphics, logos, text or other material from the site unless you have Red Nose’s written permission to do so.

You are encouraged to download material from the ‘Resources’ sections of the Sites and any other material specifically identified as being ‘downloadable’.

Copyright infringement
If you believe that Red Nose or a user is using your copyright or trademark on the site without your permission, report your concerns to us by emailing info@rednose.org.au or phoning 1300 998 698

Privacy
Red Nose takes its privacy obligations seriously. The organisation handles all Personal Information in accordance with the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“the Act”), and other applicable State and Territory privacy laws.

Red Nose’s privacy policy is available for your reference here. If you have privacy queries, contact Red Nose by emailing info@rednose.org.au or phoning 1300 998 698

Content posted by you
Any content you post to the site (e.g. photos, videos or comments) is your responsibility. You must ensure you have the necessary rights to post content (e.g. by obtaining permission of copyright owners or by obtaining permission to use the personal information of third parties).

By posting content on the site, you give Red Nose a non-exclusive, transferable, royalty-free right to use and reproduce that content. Red Nose may remove content you post or may prevent you from accessing the Sites at its discretion.

Rules of Use for Site Community
You must adhere to the following rules:
a. Do not collect users’ content using automated means;
b. Do not interfere with Site functionality including by uploading viruses or other malicious code;
c. Do not bully, intimidate, or harass anyone on the Site;
d. Do not post any content on the Site that infringes or violates someone else’s rights, or otherwise violates the law, or that is discriminatory, hateful, pornographic, threatening or violent.

Your Fundraising Page
When you register as a supporter of Red Nose Day, you will have the option of setting up an online fundraising page (‘Fundraising Page’). If you elect to set up a Fundraising Page, a link to it will appear on the Site. You can distribute a link to your Fundraising Page to your network and use it for peer-to-peer fundraising. If you do not want the Site to contain a link to your Fundraising Page, notify Red Nose by emailing rednoseday@rednose.org.au or phoning 1300 998 698.

By accepting these terms and conditions, you agree to receive updates and reminders via email. You can unsubscribe by clicking on the unsubscribe link in an email we have sent you or by emailing fundraising@rednose.org.au or phoning 1300 998 698.

If you are under 16 years of age, you must have permission from your parent or guardian to fundraise for Red Nose.

Merchandise and Cash Collection
The following terms and conditions apply to the supply of Red Nose Day® merchandise and cash collection boxes (Products) by Red Nose Limited (ABN 81 462 345 159). Red Nose Day® is a trademark of Red Nose Limited in Australia, and the sale of the Products helps support Red Nose services and research initiatives.

Supply of Products on Consignment

• Red Nose may at its election and sole discretion provide Products to registered supporters (Supporters) on a consignment basis. 
• If you are under 16 years of age, you must have permission from your parent or guardian to fundraise for Red Nose.
• Products provided on consignment remain the property of Red Nose until they are sold.
• Supporters are responsible for the Products whilst the Products are in their possession, custody or control and until the Products are sold or returned to Red Nose.
• Supporters must ensure the safe storage and display of the Products and are responsible for keeping Products in saleable condition. Supporters agree to adhere to any safety guidelines or other instructions in respect of the Products.
• Supporters may be liable to pay Red Nose the total value of the Products if the Products are lost, damaged or stolen. Any unsold merchandise must be returned to Red Nose within 30 days of your nominated fundraising date.

Ordering process
Red Nose Day merchandise is available to purchase at www.rednoseday.org.au/shop. This is the only official online retail location for Red Nose Day Products.

The provision of Red Nose Day Products on consignment will be solely at the discretion of Red Nose. To request a consignment order please contact the Red Nose Day Fundraising Team via email: rednoseday@rednose.org.au, or phone 1300 996 698.

Due to the increasing costs of pick and pack and distribution, consignment orders are available in limited supply, and preference will be given to historical merchandise supporters that have participated in consignment activations for the organisation in previous years.

Funds collected
All funds received from sale of Products must be paid to Red Nose within 30 days of your nominated fundraising date.

Red Nose are required to report and make payment of goods and services tax (GST) in respect of Products sold.

Fundraising Events
If you organise and hold a fundraising event or activity in support of Red Nose Day (event), you accept all responsibility for the Event (including obtaining any permits, approvals and/or insurance required). Red Nose will not have any liability in respect of any injury, damage or loss incurred in connection with your event.

Participation in Red Nose Day fundraising on https://rednoseday.org.au is open to Australian and overseas residents who are at least 16 years old who are not ineligible for entry (‘eligible person’). The following persons are ineligible for entry: any residents of the European Union subject to GDPR legislation. 

You must bank all funds raised for Red Nose within 30 days of your event.

Products purchased from the Red Nose Day online shop (rednoseday.org.au/shop):

Damaged items or other issues with your order
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Refund policy
Only damaged, defective or incorrect orders will be considered for refund. There are no refunds available for change of mind or distribution delays that result in Products not being received within the estimated delivery time-frame.

To start a return or ask any questions about returns, you can contact Red Nose via email: rednoseday@rednose.org.au, or phone 1300 996 698. If you want to proceed with a return and we agree to accept your return, we’ll send you instructions about how to address the package including where to send it. We will not accept the return of any items which are sent back to us without following this process.

Non-returnable items
We cannot accept returns of merchandise purchased to be resold for fundraising purposes. If you have any surplus unsold merchandise, try keeping it on display until it sells out or try selling it again next year.

Health & Safety

The participant warrants that they are not aware of any illness, injury, physical disability or impairment which may cause them injury or death during any event. If the participant has any health issues or doubts prior to or during the event, or becomes ill or is injured, the participant warrants that they will immediately cease any activities related to the event and seek appropriate professional medical advice.

Red Nose Limited accepts no liability whatsoever for any ill effects experienced by the participant while performing activities related to the event.

Release, Indemnity and Liability Exclusions

The participant releases Red Nose Limited from all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of their participation in the event and the participant indemnifies Red Nose Limited against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by Red Nose Limited in connection with any act, matter or thing done, permitted or omitted to be done by the participant or which was in any way connected with their involvement in the event.

Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.

The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL.

To the extent permitted by s139A of the CCA, the Participant acknowledges and agrees that Red Nose Limited excludes all liability in connection with the supply of recreational services for:

• physical or mental injury;
• the aggravation, acceleration or recurrence of a physical or mental injury;
• the contraction, aggravation or acceleration of a disease; and
• the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Red Nose Limited to comply with a guarantee in sections 60-62 of the ACL. This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Red Nose Limited in accordance with s139A of the ACL.
• The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. To the extent permitted by law, the Participant acknowledges and agrees that Red Nose Limited excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill. Except as expressly included in these terms and conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these terms and conditions.

Payment gateway
The Site utilises Stripe and PayPal payment gateway services to process payments made online.

Receipts
Red Nose Limited is a registered charity and issues receipts to individuals and organisations that make payments to it (all donations over $2 are eligible for a tax receipt). Red Nose Limited’s receipt will record the details of a payment made. You are responsible for your own income tax and using any receipt issued by Red Nose Limited appropriately if you are claiming any tax deductions. If you or your organisation have banked funds on behalf of a group and wish for individuals to receive separate receipts, you need to provide Red Nose Limited with the individuals’ contact and payment details so the donation amounts can be reconciled and appropriately receipted.

Refunds
If you have made a donation in error, Red Nose Limited can provide you with a refund. Please notify us by emailing fundraising@rednose.org.au or phoning 1300 998 698. Red Nose Limited may request some form of personal information in order to verify your identity before providing a refund.