TERMS & CONDITIONS

Ripple Effect Foundation Ltd (ABN 29 672 223 335)

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Terms & Conditions of Use – Ripple Effect Wave Challenge Website

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Last Updated: March 2026

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1. Introduction and Acceptance

These Terms & Conditions (“Terms”) govern your access to and use of the Ripple Effect Wave Challenge website and any associated digital platforms (“Website”).

The Website is operated by Ripple Effect Foundation Ltd (ABN 29 672 223 335) (“Foundation”, “we”, “us”, or “our”), a registered Australian charity.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.

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2. Nature of the Website

The Website is an awareness, engagement, and donation platform promoting mental wellbeing through surfing, connection, and time in nature.

At the date of these Terms:

• The Website does not operate any competition, trade promotion, or prize-based challenge

• The Website does not provide structured programs, supervised activities, or organised events

From time to time, we may introduce campaigns, challenges, or competitions. These will be subject to:

• separate terms and conditions; and

• any applicable laws, permits, or regulatory requirements in Australia

Nothing on this Website constitutes an offer to participate in a regulated competition or managed program.

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3. Participation and User Activities

You may choose to engage with the initiative by:

• surfing or spending time in nature

• setting personal wellbeing goals

• connecting with others

• supporting the Foundation through donations or advocacy

All participation is:

• voluntary

• self-directed

• undertaken independently of the Foundation

The Foundation:

• does not organise, supervise, control, or endorse user activities

• does not provide training, instruction, equipment, or safety supervision

• does not monitor environmental, surf, or weather conditions

You acknowledge that any activities you undertake are done independently and not on behalf of the Foundation.

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4. Recreational Activities and Risk Acknowledgement

You acknowledge that activities such as surfing and ocean-based recreation are dangerous recreational activities involving obvious and inherent risks, including risk of injury, illness, or death.

You agree that:

• you are solely responsible for your safety, skill level, and fitness

• conditions may change rapidly and unpredictably

• you will take appropriate precautions and follow local safety guidance

4.1 No Supply of Recreational Services

To the maximum extent permitted by law, the Foundation does not supply recreational services to you.

4.2 Assumption of Risk

You voluntarily assume all risks associated with any activities you undertake in connection with the themes or content of the Website.

4.3 Exclusion of Liability (Recreational Activities)

To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth) and relevant State civil liability legislation (including the Civil Liability Act 2003 (Qld)):

• the Foundation excludes all liability for any injury, death, or loss arising from such activities

• you release and waive any claims against the Foundation arising from those activities

4.4 Alternative Position (If Services Are Deemed Supplied)

If, despite clause 4.1, the Foundation is found to supply “recreational services” within the meaning of applicable law:

• the Foundation excludes all liability for death or personal injury arising from those services to the extent permitted by law

4.5 No Duty of Care

To the extent permitted by law, the Foundation:

• does not owe you a duty to supervise, warn, or protect you from risks associated with such activities

• is not responsible for your decisions or conduct

Nothing in these Terms excludes rights that cannot be excluded under Australian law.

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5. Donations

5.1 Nature of Donations

Donations made via the Website:

• are voluntary

• support the charitable purposes of the Foundation

• are not made in exchange for goods, services, or benefits

5.2 Use of Funds

Donations are applied toward the Foundation’s charitable objectives in accordance with applicable laws and governance obligations.

5.3 Payment Processing

Payments are processed via third-party providers (such as Stripe).

• We do not store complete payment details

• Your use of payment services is subject to the provider’s terms

We are not liable for third-party payment systems.

5.4 Refunds

Donations are generally non-refundable. However, we may provide refunds in limited circumstances, such as:

• duplicate payments

• payment errors

• unauthorised transactions

Nothing in this clause limits any rights you may have under Australian law.

5.5 Tax Deductibility

The Foundation is endorsed as a Deductible Gift Recipient (DGR), where applicable.

Eligibility for tax deductibility depends on your personal circumstances. You should seek independent tax advice.

5.6 Compliance with Fundraising Laws

The Foundation conducts its fundraising activities in accordance with applicable Australian laws and regulatory requirements.

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6. Use of the Website

You agree to use the Website lawfully and appropriately.

You must not:

• misuse or interfere with the Website

• attempt unauthorised access to systems or data

• use the Website for unlawful, misleading, or harmful purposes

We may suspend or terminate access for breaches.

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7. Intellectual Property

All content on the Website is owned by or licensed to the Foundation.

You may:

• access and share content for personal, non-commercial use

You must not:

• reproduce, modify, distribute, or exploit content without consent

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8. Third-Party Services

The Website may link to third-party services.

We are not responsible for:

• their content, availability, or security

• their privacy practices

• any loss arising from their use

Your use of third-party services is at your own risk.

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9. Privacy

Your use of the Website is subject to our Privacy Policy.

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10. Website Disclaimer

The Website is provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, the Foundation:

• makes no warranties regarding accuracy, completeness, or reliability

• does not guarantee uninterrupted or error-free access

• is not responsible for viruses or technical issues

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11. Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies rights under the Australian Consumer Law.

To the maximum extent permitted by law:

• the Foundation excludes liability for indirect, incidental, or consequential loss

• including loss of data, opportunity, goodwill, or reputation

Where liability cannot be excluded under the Australian Consumer Law, it is limited (where permitted) to:

• the resupply of services; or

• the cost of having services resupplied

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12. Indemnity

You agree to indemnify and hold harmless the Foundation and its officers from any claims, loss, or liability arising from:

• your use of the Website

• your breach of these Terms

• your participation in activities

• any injury to yourself or others caused by your actions

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13. No Reliance

The Website provides general information only.

It does not constitute medical, health, financial, or legal advice.

You should obtain independent professional advice before relying on any content.

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14. Changes to These Terms

We may update these Terms at any time.

Updated Terms will be published on the Website. Continued use constitutes acceptance.

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15. Entire Agreement

These Terms constitute the entire agreement between you and the Foundation regarding the Website and supersede all prior communications.

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16. Severability

If any provision is invalid or unenforceable, the remaining provisions remain in effect.

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17. Governing Law

These Terms are governed by the laws of Queensland, Australia.

You submit to the non-exclusive jurisdiction of the courts of Queensland.

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