Terms and Conditions

Jeans for Genes® is a trademark of Children’s Medical Research Institute ABN 47 002 684 737 (CMRI), an ACNC registered charity. Jeans for Genes fundraising activities directly support CMRI.

Content created by CMRI
CMRI 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 CMRI’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 CMRI or a user is using your copyright or trademark on the Site without your permission, report your concerns to us by emailing [email protected] or phoning 1800 436 437.

Privacy
CMRI is committed to protecting your privacy and handling your personal information in accordance with the Australian Privacy Principles and applicable legislation. CMRI’s privacy policy is available for your reference here. If you have privacy queries, contact CMRI by emailing [email protected] or phoning 1800 436 437.

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 CMRI a non-exclusive, transferable, royalty-free right to use and reproduce that content. CMRI 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.

Copyright infringement
If you believe that CMRI or a user is using your copyright or trademark on the Site without your permission, report your concerns to us by emailing [email protected] or phoning 1800 436 437.

Your Fundraising Page
When you register as a supporter of CMRI-Jeans for Genes, 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 CMRI by emailing [email protected] or phoning 1800 436 437.

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 [email protected] or phoning 1800 436 437.

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

Merchandise and Cash Collection
The following terms and conditions apply to the supply of Jeans for Genes® merchandise and cash collection boxes (Products) by the Children’s Medical Research Institute ABN 47 002 684 737 (CMRI). Jeans for Genes® is a trademark of the CMRI and the sale of the Products supports CMRI.

Supply of Products on Consignment

• CMRI 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 Jeans for Genes.
• Products provided on consignment remain the property of CMRI 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 CMRI.
• 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 CMRI the total value of the Products if the Products are lost, damaged or stolen. Supporters are responsible for any postage costs incurred returning the unsold merchandise. Any unsold merchandise must be returned to CMRI within 30 days of your nominated fundraising date.

Ordering process
Products must be ordered by contacting CMRI office via email: [email protected], or phone 1800 436 437.

Funds collected
All funds received from sale of Products must be paid to CMRI within 30 days of your nominated fundraising date.
CMRI 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 Jeans for Genes (event), you accept all responsibility for the Event (including obtaining any permits, approvals and/or insurance required). CMRI will not have any liability in respect of any injury, damage or loss incurred in connection with your event.

Participation in Jeans for Genes fundraising on https://fundraise.jeansforgenes.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 CMRI within 30 days of your event.

Products purchased from the Jeans for Genes/CMRI online shop (shop.cmri.org.au):

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
To be eligible to exchange an item for a different size, your item must be in the same condition that you received it - unworn or unused, with tags on and in its original packaging. 

To start a return or ask any questions about returns, you can contact us on 1800 436 437. 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.

Damages and issues
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.

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. Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 Children’s Medical Research Institute 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 the PayPal payment gateway service to process payments made online.

Receipts
CMRI is a registered charity and issues receipts to individuals and organisations that make payments to it. CMRI’s receipt will record the details of a payment made. You are responsible for your own income tax and using any receipt issued by CMRI 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 CMRI 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, CMRI can provide you with a refund. Please notify us by emailing [email protected] or phoning 1800 436 437. CMRI may request some form of personal information in order to verify your identity before providing a refund.

Third Party Running Events – Raise $48 within 48 hours of registering and receive a free singlet

SCHEDULE

Terms & Conditions

1. Information in the Schedule forms part of these Terms and Conditions. Participation in the Offer is deemed acceptance of these Terms and Conditions.

2. In these terms, a reference to you, your or a Participant is a reference to the individual participating in the Offer.

3. Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.

Eligibility & Entry

4. This Offer is open to Australia only.

5. To participate in the Offer, Participants must meet the Offer Conditions and complete the Redemption Process during the Offer Period. Claims for the Offer that do not follow the Redemption Process will not be accepted by the Promoter.

Offer

6. The Offer is specified in the Schedule. The Offer is not redeemable for cash.

7. The Offer is subject to the Offer Restrictions.

General

8. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, neither party will be liable under these Terms & Conditions for any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

9. Delivery: Should circumstances outside our control occur, which cause a delay in delivery of any Offer inclusions, we will not be liable.

10. Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

11. Consumer Law: Certain legislation, including the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the Offer which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms excludes those Consumer Law Rights. Subject to your Consumer Law Rights, we provide all material, work, goods and services relevant to this Offer to you without conditions or warranties of any kind, implied or otherwise, whether in statute, at law or on any other basis, except where expressly set out in these Terms.

12. Liability: A party’s liability for any liability in relation to these Terms and Conditions will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to take reasonable steps to mitigate its loss.

13. Costs: Participants acknowledge and agree that the Participant is solely responsible for any costs associated with claiming the Offer, including, but not limited to, any applicable taxes or charges.

14. Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Offer is relating to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

15. Amendments: To the maximum extent permitted by law, these Terms and Conditions may be amended or replaced from time to time in our discretion and if required by any regulatory authority.

16. Jurisdiction: These Terms and Conditions are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

17. Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can’t be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.