Terms and Conditions

Terms of Participation in The March Charge 2020

Introduction

Thank you for applying to enter The March Charge (the event).  All references to the event in these terms is a reference to all other activities associated with the event, whether they are held before, during or after the event.  By accessing this website, you are accepting these terms and conditions and you agree to comply with them.

To participate in this event, you must be at least 18 years old.

Cancer Council reserves the right, in its absolute discretion, to accept or refuse any applications for entry into the event and disqualify entries if it considers such action to be appropriate.

We may change these terms from time to time, without notification.

Risk Notice

The event is a recreational activity that may involve 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. By proceeding with your application to enter the event, you understand and accept that the risks of participation in the event are increased if you choose to participate in costume, in novelty shoes, using props, or if your movement is restricted.  You acknowledge that the above is not an exhaustive list of all risks inherent in your participation in the event and that there may be risks that are not known or reasonably foreseeable at this time.

You warrant that you are in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with your safe participation in the event. You understand that Cancer Council recommends that you consult a doctor before participating in the event, particularly if you have ever experienced medical conditions that may make it dangerous for you to participate in the event.

Regardless of whether you have consulted a doctor, you agree that by participating in the event, you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of Cancer Council).

You understand that Cancer Council has not obtained personal accident insurance or any other insurance covering your participation in the event and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.

You assume all risk to both you and your property during the event.

Exclusion and Limitation of 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.

You understand and agree that, to the extent permitted by law, Cancer Council and any event 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.

You 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 event 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 event sponsor (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to you 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 you or any other person in connection with the event; 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 you and to any other person is limited (at its option) to re-supplying, repairing or replacing the service or the payment of the cost of supplying the service to you 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.

You understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any event sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) excludes all liability in connection with the supply of recreational services for:

  1. death;
  2. physical or mental injury;
  3. the aggravation, acceleration or recurrence of a physical or mental injury;
  4. the contraction, aggravation or acceleration of a disease; and
  5. 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 event 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 event sponsor.

Release and Indemnity

You fully and irrevocably exclude and release Cancer Council and all event sponsors, as well as their directors, officers, employees, volunteers, agents and representatives, from all liability for any loss, damage, cost or expense (whether in negligence, contract, under statute or otherwise) suffered by you as a consequence of:

·         your involvement in the event, including in relation to death and personal injury

·         in connection with or in respect of any breach of these terms; and

·         in connection with the publication or distribution of any material or information you supply to us.

If any claim, including in relation to personal injury, property damage or wrongful death arising from my participation in the event is commenced, you agree to indemnify and hold harmless Cancer Council and all the event 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.

Event Behaviour

This event may be held on privately owned golf courses that are made available to members and their guests. As such, you acknowledge that you will need to make your own arrangements with a golf club to participate and agree to be bound by the rules and regulations that may apply to the premises or property where the event is to be held.  You also agree to follow the directions of anyone authorised to give directions whilst you are on the property.

You agree to show respect for other participants in the event, and at all times, to be considerate of others. You agree to abide by the venue rules concerning activities, coarse language, privacy, and noise. You acknowledge and agree that the event is a non-smoking event.

Photographic Consent

You acknowledge that in the course of the event, photographs, images or film may be taken of you, either alone or in group shots with others.  You agree to the use of your image in these photographs, images or film and for their use on Cancer Council publications or websites in the future. You agree that Cancer Council may use your name in conjunction with any photographs or images of you. You also agree that the photographs or film may be used by third party media organisations in connection with the publicity and reporting of the event publicly.

If you share, post or upload photos or videos (“Images”) to the event website, or tag or link Cancer Council in such content on social media, you consent to the following:

  1. Cancer Council has 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.  You waive any right to review or approve any uses of the Images.
  2. where you, or any of the subjects appearing in the Images, are identified or identifiable in the Images, you give Cancer Council permission to identify you and the other subjects by name.
  3. you 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).
  4. you are not entitled to any remuneration or compensation from Cancer Council or the Cancer Council Affiliates for the Images.
  5. you confirm that:
  1. you are the creator and the copyright owner of any Images you share, post or upload to the event website, or tag Cancer Council or the event in on social media, and
  2. you have the permission or consent of all persons who are captured and identifiable in the Images you provide to Cancer Council (including parental consent if the subject is under the age of 16).

You understand that any content and Images that you share, post or upload on our website may be crawled and stored by web services such as search engines, social media platforms or archiving tools.  Cancer Council is not responsible for removing information stored by third parties.

Website Terms of Use

Your Privacy

Cancer Council may gather and store information that you provide to us when using our website.  Please read our Privacy Policy and our Privacy Collection Statement to find out how we handle the information you provide to us.

Credit Cards and Refunds

You agree not to use an unauthorised or invalid credit card to make payments on this website.  If you make a donation to Cancer Council, the transaction is final and no refunds will be provided except where unauthorised use can be proven.  If you become aware of a fraudulent use of your card, or if it becomes lost or stolen, you must notify your card issuer immediately.

Use of Content on this Website

The content on this website is provided for personal, non-commercial use only. It is not intended to be medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who can determine your individual medical needs.   

Cancer Council strives to keep the content on this website up to date, but Cancer Council cannot guarantee the accuracy, reliability or currency of the content.  Information on cancer, including diagnosis, treatment and prevention is constantly being updated and revised by medical professionals and the research community.  If errors are brought to Cancer Council’s attention, they will be addressed as soon as possible.  Cancer Council reserves the right to change the content on this website at any time.  Cancer Council cannot guarantee continuous, secure or uninterrupted access to this website, as many factors outside of our control may prevent this.  

 This website may contain links to external websites, that are not controlled by Cancer Council.  While Cancer Council takes care to ensure the accuracy of information posted on an externally linked website, we are not responsible or liable for the content, nor do we accept any liability for any loss or damage occasioned by your use of linked websites and linked applications available through this website.  

Cancer Council does not accept any liability for loss or damage arising from your use of or reliance upon the information contained on this website.   

Intellectual Property

All intellectual property rights in this website and the content provided on it (including information, logos, trademarks, design, text, images and statistics) are owned or licensed by Cancer Council and may not be used without our consent.   

Content or material on this website may also be owned by third parties.  Queries about copyright, reproduction and use of content relating to information published on external websites accessed via link from this website should be directed to that party or the publisher of the information.  

You are not authorised to alter, copy, republish, reproduce, distribute, transmit, sell or store, in any media or in any form, any of the content, without our prior written consent.  Subject to these conditions of use, Cancer Council grants a non-exclusive, non-transferrable, limited licence to use the content and material in this website: 

  • to educational institutions, for educational purposes; and  
  • to users of this website for personal and non-commercial purposes; 

 provided that:  

  • all copyright and trade mark notices are not altered; 
  • an acknowledgement to Cancer Council NSW is displayed on the content that is reproduced; 
  • no fees are charged for access to the content that you reproduce; 
  • the content remains unaltered; 
  • content is not reproduced on a webpage or with an online service or application, without Cancer Council’s express consent. 

Use of Cancer Council Logos 

Cancer Council may allow third parties to use its logos in limited circumstances.  You must obtain our written permission before using any of our logos.  In order for us to consider any such request, you will be required to provide Cancer Council with a copy of your intended promotional material before releasing it to the public. 

Links to other Websites

This website may contain links to external websites or applications, that are not controlled by us.  Cancer Council is not responsible for the contents of any external website or application, nor should a link be considered as an endorsement by Cancer Council of the organisation or individual operating the external website or application. Cancer Council does not accept any liability for any loss or damage occasioned by your use of external websites or applications.

Uploading Information

You agree that any information you enter on this website and any material you upload onto this website:

  • is owned by you or you are otherwise authorised to enter or upload it;
  • will not be defamatory or malicious in relation to any product, service, person or entity;
  • is not ‘passing off’ of any product or service and will not constitute unfair competition;
  • will not infringe any third party intellectual property rights, including trademarks, service marks, business names (registered or unregistered), confidential information or copyright; and
  • will not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales, including the Australian Competition and Consumer Law, the Fair Trading Act 1987 (NSW), any equivalent state and territory legislation and any other parliament competent to legislation in relation to this website or any law in any country where the material or information is or will be available electronically to other users.

Your Conduct on this Website

You agree not to use this website for any offensive or otherwise inappropriate purposes, including:

  • to upload, post, email, transmit or otherwise make material available that may be abusive, harassing, obscene, defamatory or offensive;
  • to harm minors;
  • to impersonate any person or entity, including Cancer Council workers or volunteers and their affiliates;
  • to collect or store personal information about other users of this website that is of a personal or sensitive nature; or
  • to upload, post, email, transmit of otherwise make available any unsolicited material or advertising (such as junkmail, surveys, pyramid schemes and chain letters).

Removal of Information or Material

Cancer Council may remove any information or material (including links to external websites or applications) at any time, without notice, explanation or justification.  Cancer Council reserves the right, in its sole discretion, to:

  • monitor, retain or disclose any information on the website when necessary to satisfy any legal requirements;
  • pre-screen, block or remove any content posted or uploaded by users of the website that Cancer Council considers inappropriate, including material the Cancer Council considers may violate its Privacy Policy or these terms of use; and
  • suspend your access to this website and Cancer Council services without notice if you fail to comply with these terms of use.

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.