Terms of Registration.

Terms of Use

References in these Terms of Use to “Cancer Council”, “we”, “us” or “our” means Cancer Council Australia and the Cancer Council in the State or Territory in which you are participating in the fundraising activity.  Full details of Cancer Council Australia and its State and Territory members are available here.

1. Participation in your event

You participate in your fundraising event at your own risk. It is your responsibility to comply with all legal requirements relating to your fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event. By participating in the event you are accepting these terms and conditions, the Fundraising Guidelines and Privacy Collection Statement that applies in the State or Territory in which you are conducting your fundraising event, and any other documents provided to you in your welcome pack, and agree to comply with them.

2. Credit Cards and Refunds

You agree not to use an invalid or unauthorised credit card. Once a donation has been made, the transaction is final and refunds will not be given except where unauthorised use of a payment card can be proved. If you become aware of a fraudulent use of your card, or it becomes lost or stolen, you must notify your card issuer.

3. Uploading information

You represent and warrant in relation to any material and/or information you provide to the Cancer Council that:

  • you are authorised to provide the material and/or information;
  • the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  • the material and/or information is not a ‘passing off’ of any product or service and does not constitute unfair competition;
  • the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  • the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Australian Competition and Consumer Law, and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

4. Conduct

You agree not to use this Website to:

  • upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or is otherwise offensive;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, staff members and volunteers of any Cancer Council ;
  • collect or store personal data about other users of this Website that is of a personal nature; or
  • upload, post, email, transmit or otherwise make available any unsolicited material or advertising, including, but not limited to junk mail, surveys, pyramid schemes and chain letters.

5. Licence to Use Intellectual Property

By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the intellectual property) on to the Website, you are granting Cancer Council a perpetual, non-exclusive and payment-free licence throughout the world to:

  • reproduce, use and exploit the intellectual property, as part of the Website, to the full extent per- mitted by intellectual property law in any jurisdiction in which the Website is available to users, and sublicense others to do so;
  • reproduce, use and exploit the content, material and information that you post onto the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users and sublicense others to do so; and
  • allow Cancer Council to sub-licence others the same rights granted to Cancer Council in (a) above.

6. Removal of Information

In relation to any material and/or information included on the Website, Cancer Council may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification.

Cancer Council retains the right at all times, and at its sole discretion, to:

  • monitor, retain or disclose any information on the Website when necessary to satisfy any applicable regulations or legal process;
  • pre-screen, block or remove any content posted or uploaded by users of the Website which it considers inappropriate, including but not limited to, material that it considers may violate its Privacy Policy or these Terms of Use; and
  • suspend your access to the Website and its services without notice to you if you fail to comply with these Terms of Use.

 

7. Disclaimer

Cancer Council and its respective officers, employees and agents shall have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website or the conduct of your fundraising activity. Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.

To the full extent permitted by law, Cancer Council disclaims any and all warranties and guarantees, express or implied:

Cancer Council is not liable to you for defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Cancer Council, its employees or independent contractors, or through any other cause.

8. Limitation of liability

If any warranty or guarantee cannot by law be excluded, then, to the extent permitted by law, Cancer Council’s liability for any implied warranty or condition or consumer guarantee is limited, at the choice of Cancer Council, to supply the goods or services again; or paying the cost of having the goods or services supplied again.

9. Indemnity

You will at all times indemnify and keep indemnified Cancer Council and its respective officers, employees and agents (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Use by you; and publication of or distribution of the material and/or information supplied by you.

10. Governing Law and Jurisdiction

These Terms of Use and all other specific and additional terms which govern your use of and access to this website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.

11. Pandemic and Communicable Disease Health Management

As part of the event taking place amidst the COVID-19 world pandemic crisis, you agree to adhere to all public health rules and regulations notified to you by your local, state or federal Government, other regulatory body or the event venue. 

If you are registering for the event as part of a group, as the team captain, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must:   

  1. make the contact details of your group available to the Government (if you have the consent of each group member to do so); or  
  2. contact each member of your group, and request that they provide their contact details to the Government directly. 

All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event.