Because sleeping rough is tough
This page sets out the terms and conditions (Terms and Conditions) relating to your participation in Swagtember and applying to this website at swagtember.com.au (Site). Other information relating to Swagtember on the Site also forms part of the Terms and Conditions.
By accessing this Site (including registering for Swagtember), you are deemed to have read and accepted the Terms and Conditions.
Street Swags may prevent you from participating in Swagtember (including removing any content posted by you and preventing access by you to the Site) if you do not comply with these Terms and Conditions.
1. While every care has been taken in producing the information on this Site, Street Swags does not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete. The information appearing in this Site is for general information only and does not constitute an offer or an intention to enter into a legally binding contract.
2. The Site may contain facilities enabling you to add content. By using and accessing the Site, you agree that:
(a) You will not do any of the following:
1. Post any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, pornographic, profane or indecent material, including any material that would materially and adversely affect the reputation of Street Swags;
2. Post material which violates or infringes the rights of any other person or party or infringes any law;
3. Interfere with the computer systems which support the Site, overload a service, engage in a denial-of-service attack or attempt to disable a host; or
4. Post or transmit any file which contains viruses or any other harmful, contaminating or destructive features;
(b) Street Swags has all right title and interest in and to any content provided by you and any copyright in it and is free to use the content and to exercise its rights in relation thereto and that you will not be entitled to any monetary prize, fee or compensation for such use.
1. Except as otherwise provided by law, no part of this Site may otherwise be copied, reproduced, adapted or transmitted in any form by any process without the written consent of Street Swags.
2. Swagtember is limited to Australia, and is not intended for, nor available in, countries or to residents of countries, where it is unlawful to provide the information included in this Site or where it is unlawful to offer the products and services described in this Site. The information provided in this Site has been provided in accordance with Australian laws only and may not satisfy the laws of other countries.
3. Except for responsibilities implied by law which cannot be excluded, Street Swags is not responsible for any loss, damage, cost or expense incurred by you as a result of any error, omission or misrepresentation in relation to this Site.
4. Street Swags is not responsible for any other sites you may access via links provided on this Site. Unless otherwise stated, those links do not represent any endorsement, approval, recommendation or preference by Street Swags of the owners or operators of those other web sites, or of any information, products or services referred to on those other web sites. Any links provided to other sites are for convenience only. Those sites may not be current or maintained. Street Swags will not be responsible for any loss, damage, cost or expense incurred by you in accessing or attempting to access such other sites.
5. Street Swags 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 Site. You must take your own precautions to ensure that whatever you select for your use from this web site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
1. Swagtember is intended to raise funds and increase awareness about homelessness by asking participants to “sleep out of your bed for those who don’t have one” or hold an event.
2. Swagtember requires participants to sleep out of their bed for at least one night or hold an event between 1 September and 31 October. Donations will be accepted for Swagtember from the 1 September to 31 October.
3. Street Swags reserves the right to determine eligibility for participation of registering individuals and organisations for Swagtember.
4. As a participant in Swagtember:
(a) you agree that you do not represent Street Swags, and not to represent that your actions are on behalf of Street Swags. To the extent that you make representations for fundraising, Street Swags takes no responsibility for those representations;
(b) you acknowledge that you participate at your own risk and that you are not, to the best of your knowledge, suffering from a condition which would prevent or render you unfit to participate in Swagtember. You agree to take all reasonable measures to protect yourself from the risks of participation;
(c) you release Street Swags (including its directors, officers, employees, volunteers, contractors, sponsors and/or agents) from any claim and from any liability (to the maximum extent permitted by law) for, or as a result of, any loss, injury or damage suffered by you in relation to your attendance and participation in Swagtember, however caused, including any claim or liability which arises due to any negligence of Street Swags.
1. Prizes available as part of Swagtember are as described on the Site. The right to receive the prizes is not transferable or exchangeable, cannot be redeemed for cash and must be taken as offered. In the event that any prize item is unavailable, Street Swags reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winners. All other costs are the responsibility of the prize winners.
2. The competition for the prizes is a game of skill. Chance plays no part in determining the prize winners.
3. Street Swags’ decision in relation to awarding of prizes for Swagtember is final. No correspondence will be entered into.
4. If the prize winner is under 18 years of age, the prize will be awarded to a parent or guardian of the prize winner, as determined by Street Swags, on the prize winner’s behalf.
5. If, for any reason, the competition is not capable of being conducted as planned, including, but not limited, due to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Street Swags which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, Street Swags reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to law.
6. To the extent permitted by law, Street Swags accepts no responsibility for: (i) any act, omission or decision of the judges; (ii) any error, omission, interruption, or delay in the operation, transmission or delivery of any communication sent to (or by) Street Swags or any participant; (iii) any incorrect or incomplete information which may be communicated in the course of administering the prizes; (iv) any loss or damage; or (v) personal injury suffered or sustained in relation to the prizes.
1. These Terms and Conditions are subject to the laws of Australia.
2. Please note that Street Swags reserves the right to change the Terms and Conditions without notification to you and you should periodically visit this page to review the Terms and Conditions.
Street Swags complies with the National Privacy Principles subject to the Privacy Act 1988 (Cth) (NPPs).
Collecting personal information about you
We only collect personal information that is necessary for us to perform our functions, to develop and promote our services and to assist us with complying with our legal and regulatory obligations.
The kinds of personal information we collect and hold will depend upon your involvement with us.
However, it may include:
information you give us when you interact with us (such as when you register for Swagtember). This information may include your name, address and contact details; and
communications between us and you.
We also collect some information from you when you use our website. Your use of the facilities and services available through our website will determine the amount and type of information which we collect about you. Some of this information will not be personal information because it will not reveal your identity.
The only personal information which we collect about you when you use our website is what you tell us about yourself, for example, by completing an online form, or information you provide to us when you send us an email. We will record your email address if you send us an email.
Using and disclosing your personal information
Any personal information which we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested, or otherwise to enable us to carry out our functions and seeking to comply with our legal and regulatory obligations.
We may also use your personal information to provide you with information about other services offered by us. If you would prefer not to receive this information, please let us know and we will respect your request.
Access to your personal information
In most cases, you can gain access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the NPPs.
We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given. In some cases, consistently with the NPPs, we may refuse to give you access to personal information we hold about you. This includes circumstances where giving you access:
would be unlawful (for example, where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients);
would have an unreasonable impact on other people’s privacy;
would prejudice negotiations we are having with you;
would prejudice an investigation of unlawful activity; or
would prejudice activities carried out by, or for, a law enforcement agency.
If we refuse to give you access we will provide you with reasons for our refusal.
Generally, if you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.