Terms & Conditions
WAVES OF WELLNESS GENERAL TERMS & CONDITIONS.
Date of last revision 18 August 2021
General
In these Terms and Conditions, "WOW" means Waves of Wellness Foundation Limited ABN 40 614 442 018 and "we" and "us" refer to WOW, and "our" has a similar meaning.
The term “website” means the whole or any part of the web pages located at www.foundationwow.org and includes the layout, individual design elements, underlying code elements and any text, sounds, videos, graphics, animated elements or other content contained on this website.
A “Participant” is referred to as a person who takes part in a program delivered by WOW.
We may change these Terms and Conditions at any time without notice. Any amendment will be effective immediately. Accordingly, you should access and read the Terms and Conditions from time to time for changes.
By using the WOW website you accept our terms and conditions of use. Do not use this website unless you have read and accepted all of these terms and conditions. If you do not wish to accept them, do not use the website.
Purpose
Waves of Wellness (WOW) Foundation is a mental health surf therapy charity, committed to changing lives by delivering for-purpose, innovative support programs for people experiencing mental health challenges.
Health Disclaimer
The WOW website is not intended to be a substitute for professional medical advice, diagnosis or treatment of mental ill-health. You should seek the advice of an appropriately qualified healthcare professional before making decisions about your own circumstances. You should not disregard professional medical advice, or delay seeking it, because of any information contained on this website. WOW does not guarantee the accuracy, quality, suitability or reliability of any information on this website.
Intake Forms
The self-assessment surveys “Intake Forms” provided by WOW are not intended to be a substitute for professional clinical advice. While the results of the self-assessment tools and surveys may be of interest to you, Participants should always seek the advice of a qualified health provider with any questions they have regarding their health.
Privacy
By accessing the Waves of Wellness Foundation website, you:
agree to our Privacy Policy;
give consent for photographs or other information you provide in association with WOW’s programming to be published online or in publications by WOW;
give consent to WOW using, disclosing and/or storing your personal information to WOW’s third parties engaged to provide services in connection with WOW’s programs and fundraising activities, including but not limited to Salesforce, Campaign Monitor, FormAssembly.
have access to complete an Intake Form, a contact us form or donate to WOW, and agree to provide us with your personal information during that process. This information allows WOW to best support a person’s needs, requests, enquiries and improve WOW’s programs. If an Intake Form is not successfully completed and submitted, WOW may not be able to accept a Participant’s registration to a program;
Unless you consent or it is otherwise permitted by law, WOW will only use and disclose your personal information for the purpose of developing or delivering our programs. The types of entities to which WOW may disclose your information, in such circumstances include mental health associated organisations that WOW partners with to deliver our programs;
Our Privacy Policy includes further information about how to seek access to the information we hold about you, how to request corrections to that information and how to make a complaint if you feel we have not handled your personal information appropriately. If you would like to contact us regarding our collection of your personal information, please contact: info@foundationwow.org.
Disclaimer
By accessing the Waves of Wellness Foundation website, you:
agree to use the website’s content for personal use only;
agree that Waves of Wellness Foundation will not be held responsible for any financial loss resulting from a visitor’s use or misuse of any content displayed on the website, or any linked websites;
agree that Waves of Wellness Foundation is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of this website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else that may interfere with or damage the operations of your computer system;
agree that Waves of Wellness Foundation may, from time to time, change or add to this website without notice. However, we will not be liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
Website use
By accessing the Waves of Wellness Foundation website, you agree not to:
use this website to defame, abuse, harass, stalk, threaten or otherwise offend any person;
publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
use any automated scripting tools or software;
engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via this website;
impersonate any other person or entity;
share information which reasonably identifies another person without their consent
upload, post, email, transmit or otherwise make available using this website any material that you do not have a right to make available or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation; or
breach any laws or regulations which are applicable to your use of this website in your jurisdiction.
This website contains links to third party websites. WOW is not responsible for the content or the privacy practices of third party websites. You acknowledge that you enter any third party websites at your own risk.
Copyright
By accessing the Waves of Wellness Foundation website, you agree:
Unless otherwise indicated, all material on this Website, including (but not limited to) text, graphics, audio and video files, information architecture and coding, is WOW’s copyright property or is used under licence. All rights are reserved.
You are provided with access to this website and may download, store in cache, display, print or make a single copy of the information or material stored on this website (in its unaltered form) and for your personal and non-commercial use only.
Except for these purposes, and for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any similar statute that applies in your jurisdiction), you may not, in any form or by any means:
adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
commercialise any information, products or services obtained from any part of this Website, without our written permission.
If you wish to make any other use of the material on this Website, you must obtain our permission before doing so. To ask for permission or for further information, please contact us.
Trademarks and Logos
By accessing the Waves of Wellness Foundation website, you agree:
All trade names, trademarks, service marks and other product and service names and logos (“Marks”) displayed on this website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on this Website with permission of the relevant owner.
Nothing contained on this website should be construed as granting any licence or right of use of any Mark which is displayed on this website without the express written permission of the relevant owner.
If you use any of our Marks to refer to our activities, products or services, you must include a statement attributing that Mark to us. You must not use any of our Marks:
in or as the whole or part of your own Marks;
in connection with activities, products or services which are not ours;
in a manner which may be confusing, misleading or deceptive; or
in a manner that misrepresents us or our information, products or services (including this website).
Social Media
By accessing the Waves of Wellness Foundation website, you agree:
We have a number of social media accounts, which currently includes Facebook, Instagram and LinkedIn. All content on our social media accounts are subject to individual terms of use as outlined by each social media provider. By interacting with our social media accounts, you agree to be bound by the terms of use of the relevant social media provider.
Tax-deductible donations
By accessing the Waves of Wellness Foundation website, you agree:
Waves of Wellness Foundation Ltd (ABN 40 614 442 018) is a Tax Concession Charity (TCC) with Deductible Gift Recipient (DGR) status registered under the Australian Taxation Office. All donations made directly to Waves of Wellness Foundation over AUD $2 are eligible for a tax-deductible receipt. Please note that the following cannot be issued with a tax-deductible receipt:
Purchase of ticket to attend a Waves of Wellness Foundation event.
Purchase of a good or service related to Waves of Wellness Foundation.
Purchase of raffle tickets.
Purchase of an auction item.
Goods or services donated for a fundraising event or activity.
Monies raised and/or donated on behalf of others.
Everyone who donates to the Waves of Wellness online donation and fundraising pages is automatically issued with a tax-deductible receipt.
Registering for a Program
By accessing the Waves of Wellness Foundation website and registering for a program, you:
confirm that, by registering for a program, you are acting on behalf of, and with the authority and power to bind, those individuals named as the Participant.
understand that all program activities must align with WOW's values and WOW reserves the right to reject any participant that is deemed by WOW to be inconsistent with its program objectives and values.
agree to notify WOW of any prior or current criminal convictions prior to commencing the program, understanding this may not necessarily stop you from being able to participate in WOW’s programs (depending on the nature of offence), but will be taken into account in agreeing to your suitability as a Participant.
Fundraising
By accessing the Waves of Wellness Foundation website, you:
agree that any money raised or donated during the fundraising activity will be used for the stated purpose for which they were raised and within any specified timeframe;
agree that your proposed fundraising activity/event complies with all relevant legislative and local government requirements and that all appropriate permits, licenses and insurance for fundraising in the state and/or territory where the activity is to be held will be, or have been, obtained;
agree to notify WOW of any changes to your fundraising activity/event in advance and to only fundraise for the period of time authorised;
agree you will not exploit your position as a Community Fundraiser and/or the association with WOW for personal gain or perceived endorsement;
agree to seek permission to use WOW’s brand to promote your business, products or services. Business supporters may choose to implement an approved percentage of sales campaigns for a specified period, providing transparency around the campaign details. However, the WOW logo cannot be used on any products or items for sale, unless without prior written approval from WOW;
agree that all personal and sensitive information associated with the proposed fundraising activity will be handled in accordance with all relevant state and commonwealth government privacy legislation;
give consent for photographs or other information you provide from the fundraising event/activity to be published online or in publications by WOW.
All fundraising activities must comply with all relevant national, state and territory laws and regulations. In each state and territory, there is a Charitable Fundraising Act or equivalent to which WOW and people fundraising on behalf of WOW must adhere to. You also need to be aware of regulations relating to liquor licensing, preparation of food and holding raffles or auctions.
To find out more about fundraising legislation in your state or territory, please contact the relevant authority listed below:
Australian Capital Territory
ACT Office of Regulatory Services
New South Wales
NSW Fair Trading
Northern Territory
Office of Consumer and Business Services
Queensland
Office of Fair Trading
South Australia
Office of Consumer and Business Services
Tasmania
Consumer, Building and Occupational Services
https://www.cbos.tas.gov.au/topics/clubs-fundraising
Victoria
Consumer Affairs Victoria
https://www.consumer.vic.gov.au/
Western Australia
Department of Commerce
Publicity
By accessing the Waves of Wellness Foundation website and registering for programs, you:
agree to seek permission to use the WOW name and/or ‘Proudly supporting’ logo on materials related to the fundraising activity, and email all logo file requests, logo design mock-ups, written content describing WOW or mental health conditions, and media releases for approval to info@foundationwow.org;
understand that while you are not authorised to speak on behalf of WOW, you may speak about your fundraising or program activity itself. If you have been motivated to fundraise due to another person’s experience of depression, anxiety or suicide and wish to share a story in which that person will be easily identifiable, you agree to seek permission from the individual or next of kin first. Some people may not want their experience made public. It is important to consider the impact and respect the wishes of others affected by the same story as you;
agree not to align WOW with areas or activities such as gambling, alcohol or tobacco organisations, X-rated or violent content, or proceeds of crime. You also accept that WOW has the right to reject any fundraising activity or donation based on non-alignment;
understand that WOW is not able to promote your fundraising activity/event, nor attend events or presentations. If the fundraising activity/event includes specific involvement with WOW, you will ensure these requirements are discussed and agreed upon in writing by the Partnerships team prior to commencing the fundraising activity;
agree not to engage in telemarketing or door-to-door fundraising;
understand that WOW reserves the right to withdraw your authority to organise a fundraising activity/event or participate in programs at any time if it appears to WOW that the fundraising activity/event may negatively affect the image or reputation of WOW, or if WOW believes there is a likelihood of you not meeting any of these Terms and Conditions.
Insurance
By accessing the Waves of Wellness Foundation website, you agree:
WOW accepts no responsibility for any loss, liability or injury, occupational, health, safety and welfare claims arising from your participation in programs or from your fundraising activity or event. It is your responsibility to ensure the safety of yourself and any attendees at your fundraising activity, including providing first aid services if they are needed.
For Participants who complete, submit and register for a program, you agree to the Waiver and Media Release included in the Intake Form.
Contact us
Please visit our contact us page.