Terms & Conditions
The March Charge Terms & Conditions of Participation
In consideration of my application for entry into The March Charge being accepted, I accept these terms and conditions of participation in the event, intending to be legally bound for myself and my successors, executors and administrators.
‘The March Charge’ includes not only The March Charge challenge event, but all other activities relating to The March Charge, whether occurring before, during or after the event, and whether organised by Cancer Council or any other party (including me).
I understand that participants under the age of 18 are required to have a parent or guardian read and accept these terms and conditions of entry on their behalf.
Cancer Council reserves the right, in its absolute discretion, to refuse your registration in The March Charge or to disqualify you from The March Charge for breach of these terms and conditions or for any other reason Cancer Council determines appropriate.
Physical Risk Notice
The March Charge is a recreational activity that involves inherent risks of harm associated with physical exertion. Some of those risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold dehydration and exhaustion.
Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage or other soft tissue, as well as blisters, cuts and abrasions. Injuries may also arise from exertion, including heart attack, fainting and loss of consciousness. I understand and accept that the risks of participation in The March Charge are increased if I choose to participate in costume, in novelty shoes, using props, or if my walking or running movement is restricted.
I acknowledge that the above is not an exhaustive list of all risks inherent in my participation in The March Charge. I further acknowledge that there may be risks that are not known or reasonably foreseeable at this time.
I warrant that I am in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with my safe participation in The March Charge. I understand that Cancer Council recommends that I consult a doctor before participating in The March Charge, particularly if I have ever experienced medical conditions that may make it dangerous for me to participate in The March Charge.
Regardless of whether I have consulted a doctor. I agree that by participating in The March Charge, I am aware of the risks involved and I voluntarily assume those risks (including any arising from the negligence of Cancer Council).
I understand that Cancer Council has obtained no personal accident insurance or any other insurance covering my participation in The March Charge and it is my responsibility to obtain any and all insurance which is appropriate for that purpose.
I acknowledge that during The March Charge both my person and my property shall be at my own risk.
If Cancer Council becomes aware that I am undertaking particularly risky or dangerous activity as part of The March Charge it may request that I refrain from that activity and I agree that will comply with that request or have my entry into The March Charge cancelled. I acknowledge that Cancer Council has not undertaken an assessment of my ability to participate.
Waiver and indemnity
I fully and irrevocably exclude and release Cancer Council and The March Charge sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from all liability for any loss, damage, cost or expense (whether in negligence, contract, under statute or otherwise) suffered by me as a consequence of my involvement in The March Charge, including in relation to death and personal injury.
I further agree that if any claim, including in relation to personal injury, property damage or wrongful death arising from my participation in The March Charge is commenced, I will indemnify and hold harmless Cancer Council and all The March Charge sponsors, as well as their directors, officers, employees, volunteers, agents and representatives, from any and all loss, damage, cost or expense in connection with such claim.
Cancer Council’s liability
The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contract for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
I understand and agree that, to the extent permitted by law, Cancer Council and any The March Charge sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) exclude 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.
I understand and agree that to the maximum extent permitted by law:
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cancer Council or The March Charge sponsors (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
- neither Cancer Council nor any The March Charge sponsor (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to me or any other person in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct. indirect or consequential losses, damages, costs and expenses) suffered or incurred by me or any other person in connection with The March Charge; and
- in any circumstances where the above exclusions (or any of them) are held by a Court to be ineffective or unenforceable for any reason whatsoever, Cancer Council's liability to me and to any other person is limited (at its option) to resupplying, repairing or replacing the service or the payment of the cost of supplying the service to me again.
Section 139A of the Competition and Consumer Act 2010 (Cth) ("CCA") permits a term of a contract for the supply to a consumer of recreational services, to exclude liability of the supplier for the death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the Australian Consumer Law.
I understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any The March Charge sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) exclude all liability in connection with the supply of recreational services for:
(b) physical or mental injury;
(c) the aggravation, acceleration or recurrence of a physical or mental injury;
(d) the contraction, aggravation or acceleration of a disease; and
(e) 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 Cancer Council or any The March Charge sponsor (or any of their directors, officers, employees, volunteers, agents and representatives) 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 Cancer Council or any The March Charge sponsor.
If any provision in these terms and conditions is unenforceable, illegal or void, then the parties agree that the provision must be read down the minimum necessary to allow it to be enforceable whilst preserving as close as is possible the purpose of the provision. If the provision cannot be read down, it is severed, and the rest of this document remains in force.
I understand that The March Charge is a personal challenge event whereby I nominate how many kilometres I will run or walk during March. The March Charge is not a race. However, while there are no ‘winners’, the leader board on the website will display the names of participants who have run the furthest. I acknowledge that I am responsible for tracking my Kilometres and updating my personal fundraising page.
I understand that information on The March Charge website(s) and/or Cancer Council websites are intended as a guide only, and no reliance should be made upon any information as a definitive or complete statement of any scientific evidence. Information (where applicable) is not intended as medical advice and should not be relied upon as a substitute for consultations with qualified health professionals who can determine an individual's health needs.
I acknowledge that the website is provided "as is", and Cancer Council gives no express warranties of any kind relating in any way to the website, including (i) warranties as to merchantability or fitness for a particular purpose; or (ii) a warranty that my access to or use of the website will be uninterrupted or error free, or that the website (including its content), or any emails received from Cancer Council, will be free from viruses (and, to this end, I should protect my software and systems by installing and implementing my own virus, security and system checks).
I acknowledge that in the course of The March Charge, photographs, images or film may be taken of me, either alone or in group shots with others. I agree to the use of my name, image in these photographs, images or film and for their use by any Cancer Council and any of their assignees or licensees for any purpose (including publicity, merchandising, editorial, education and fundraising) in any country and by any form of media without qualification (e.g. newspapers, magazines, other print publications, radio and television broadcasts, websites, webinars, podcasts and vodcasts) in perpetuity. I also agree that the photographs or film may be used by third party media organisations in connection with the reporting of The March Charge.
Where I share, post or upload photos or videos (“Images”) to The March Charge website, or tag or link Cancer Council or The March Charge in such content on social media, I consent to the following:
- I give Cancer Council permission to use, distribute, modify, display and create derivative works from the Images in promotional collateral and on Cancer Council websites, publications and on any other medium now or in the future in perpetuity. I waive any right to review or approve any uses of the Images.
- Where I, or any of the subjects of Images, are identified or identifiable in the Images I provide, I give Cancer Council NSW permission to identify me and the other subjects by name.
- I agree the Images may be also be used by Cancer Council Australia and other State and Territory Cancer Councils that are members of Cancer Council Australia (Cancer Council Affiliates).
- I am not entitled to any remuneration or compensation from Cancer Council NSW or the Cancer Council Affiliates for the Images.
- I confirm that:
- I am the creator and the copyright owner of any Images I share, post or upload to The March Charge Website, or tag Cancer Council or The March Charge in on social media, and
- I have the permission or consent of all persons who are captured and identifiable in the Images I provide to Cancer Council (including parental consent if the subject is under the age of 16).
I understand that Cancer Council collects two types of information through this website:
- Personal or individually identifiable information that I provide; and
- Standard web server/visitor traffic information such as ISP addresses, browser versions, referring websites, duration of visits and total visitor traffic. This information helps Cancer Council to understand how people use its website and assists Cancer Council to manage its site to better serve its audience.
Copyright to material associated with The March Charge and this website is vested in one or more Cancer Councils unless otherwise specified. You are granted permission to browse this material, including making temporary copies to facilitate such browsing, to create links to these pages and print hard copy for personal use.
Information from this site can be reprinted without permission providing appropriate acknowledgment is given and the integrity of the source document is maintained. Logos and marks of a Cancer Council and The March Charge may be used in connection with fundraising for The March Charge and other non-commercial uses for promoting The March Charge.
“Cancer Council”, “we”, “us” or “our” means Cancer Council Australia or the Cancer Council in the State or Territory in which you are participating in the fundraising activity, or in your State or Territory of residence (as applicable). Full details of Cancer Council Australia and its State and Territory members are available here: http://www.cancer.org.au/about-us/state-and-territory-councils/.
8 Charge Challenge Badge promotion
To be eligible to receive a 10% discount code for use at PACE Athletic you must be registered for The March Charge and must earn 8 or more Gamification Badges through your personal online fundraising page during the period commencing on Monday 14 January 2019 and finishing at 11.59pm on Saturday 31 March 2019 (“Promotion Period”).
Once they earn the 8 or more Gamification Badges qualifying participants will be sent an email by Cancer Council NSW with their unique barcode for a one time use only at PACE Athletic.
The discount can be used through the PACE Athletic online store and in physical stores. Only one discount code can be used per transaction. Not redeemable for cash. The discount code will expire if not used by 30 April 2019.
Cancer Council reserves the right, at any time, to verify a The March Charge participant’s eligibility to receive the discount code. The decision of Cancer Council shall be final and no correspondence will be entered into.
9 Charge Challenge Badge promotion
To be eligible to receive a The March Charge T shirt you must be registered for The March Charge and must earn 9 or more Gamification Badges through your personal online fundraising page during the period commencing on Wednesday 16 February 2019 and finishing at 11.59pm on Saturday 31 March 2019 (“Promotion Period”).
Once they earn the 9 or more Gamification Badges qualifying participants will be sent an email by Cancer Council NSW notifying them of their eligibility to receive the T shirt and requesting additional details including T shirt size and postal address. Subject to availability. Cancer Council NSW will dispatch the T shirts within a reasonable time of receipt of those details using Australia Post, and is not responsible for any delays or failures in delivery. Only one T shirt is available per The March Charge participant. It is not redeemable for cash and does not entitle the participant to a refund of any price previously paid for a T shirt. The T shirt offer will expire if not accepted by a participant responding to the Cancer Council email by 30 April 2019.
Cancer Council reserves the right, at any time, to verify a The March Charge participant’s eligibility to receive the T shirt. The decision of Cancer Council shall be final and no correspondence will be entered into.