TERMS OF ENTRY INTO THE LIVE FEARLESS CHALLENGE
TERMS OF SITE USE
TERMS OF ENTRY INTO THE LIVE FEARLESS CHALLENGE
The meanings of the terms used in these Terms and Conditions are set out below:
Event means the digital walk/run/swim or cycle personal challenge and other activities to be undertaken during the month of September known as “The Live Fearless Challenge”.
Event Risks has the meaning set out in clause 8(b) below.
Event Terms means these Terms and Conditions.
Injury or Damage means any personal injury, damage to or loss of property, loss of income or any other kind of damage, injury or loss whatsoever.
On-line Registration Platform means a digital technology solution that allows Participants to register for the Event, create a fundraising page, join or create a team, acquire merchandise and/or donate monies to Crohn’s & Colitis Australia.
Participant means a person registered to participate in the Event and includes a person who registers for and on behalf of another Participant (whether or not that other Participant is a minor).
Crohn’s & Colitis Australia means Australian Crohn’s and Colitis Association (ACCA)which is a company Limited by Guarantee (ABN 42 082 747 135).
In these Terms and Conditions:
- headings and bold type are for convenience only and do not affect the interpretation of these Terms and Conditions;
- the singular includes the plural and the plural includes the singular
- words of any gender include all genders;
- other parts of speech and grammatical forms of the word or phrase defined in these Terms and Conditions have a corresponding meaning;
- an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency as well as an individual
- no provision of these Terms and Conditions shall be construed adversely to a party because that party was responsible for the preparation of these Terms and Conditions.
- ENTRY INTO THE EVENT
- Any person who wishes to be a Participant may apply to register to participate in the Event on the On-line Registration Platform.
- No registration is accepted until all required details are complete.
- If a minor wishes to be a Participant, his or her application to register must be made by his or her legal guardian, who shall also be deemed to be a Participant.
- When registering on the On-line Registration Platform, Participants must nominate which activity run/walk/cycle or swim is their main activity in The Live Fearless Challenge.
- CONTRACTUAL ARRANGEMENTS
- By registering for the Event on the On-line Registration Platform, each Participant agrees to be bound by the Event Terms, and expressly acknowledges that he or she is entering into a legally binding and enforceable contract with Crohn’s & Colitis Australia which is governed by the Event Terms.
- When a person registers on behalf of another person (not being a minor), he or she warrants that he or she does so for and on behalf of that other person, and with his or her authority to enter into a contract with Crohn’s & Colitis Australia governed by the Event Terms. By participating in the Event, that other person acknowledges that he or she does so pursuant to a legally binding and enforceable contract with Crohn’s & Colitis Australia which is governed by the Event Terms.
- When a legal guardian registers a minor to participate in the Event, the legal guardian agrees and acknowledges that he or she does so in his or her capacity as the legal guardian of that minor, and subject to the Event Terms.
- PARTICIPANTS MUST ABIDE BY ALL RELEVANT LAWS AND REGULATIONS
Participants, in participating in the Event, must abide by all road and traffic laws, and all other laws, by-laws and regulations of the State or Territory in which they are undertaking the Live Fearless Challenge.
- PARTICIPANTS MUST EXERCISE DUE AND REASONABLE CARE
Participants, in participating in the Event, must at all times exercise due and reasonable care toward:
- all other Participants in the Event; and
- any other members of the public.
- REQUIRED BEHAVIOUR OF PARTICIPANTS
Participants, in participating in the Event, must at all times be respectful of, and be courteous to:
- all other Participants in the Event; and
- any other members of the public.
- Participants, in participating in the Event, must not act or behave in any manner which is unlawful, threatening, offensive, abusive or disparaging toward other Participants in the Event or any other members of the public.
- VOLUNTARY ASSUMPTION OF EVENT RISKS
- agrees to participate in the Event at his or her own risk;
- acknowledges that there are risks associated with distance running, walking, swimming and cycling activities, including injuries and illness (including heart attack and stroke) and exacerbation of existing injuries and medical conditions (Event Risks);
- agrees that subject to clause 11(b) below, Crohn’s & Colitis Australia and its affiliates, directors, officers, employees, agents and sub-subcontractors are not responsible or liable for Event Risks if they materialise;
- agrees that he or she is solely responsible for determining whether he or she is physically capable of participating in the Event and sufficiently healthy to do so without risking injury or illness or exacerbation to any pre-existing medical condition.
- LIMITATION ON CLAIMS BY PARTICIPANTS
- Participants (including Participants acting in the capacity of legal guardians of Participants who are minors, and Participants who are minors) will have no right or entitlement to make any claim for compensation or damages (whether direct, indirect, special, incidental, consequential, punitive or exemplary or any other kind whatsoever) against Crohn’s & Colitis Australia or any of its affiliates, directors, officers or employees (and each Participant hereby expressly waives any such right or entitlement) in respect of any Injury or Damage suffered by a Participant which is caused directly or indirectly by his or her failure to comply with any of the Event Terms, and Crohn’s & Colitis Australia and its affiliates, directors, officers, employees, agents and subcontractors will have no liability for or in respect of any such claim.
- Crohn’s & Colitis Australia and its affiliates, directors, officers, employees, agents and subcontractors will not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever (including in respect of any Injury or Damage) resulting in any way from a Participant's participation in the Event, unless such damages resulted from the gross negligence of Crohn’s & Colitis Australia or its affiliates, directors, officers, employees, agents and sub-subcontractors.
Each Participant (including each Participant acting in the capacity of legal guardian of another Participant who is a minor) will indemnify and hold harmless Crohn’s & Colitis Australia and any of its affiliates, directors, officers, employees, agents and subcontractors against any claim made by any other person in respect of any Injury or Damage suffered by that other person which was caused directly or indirectly by that Participant's failure to comply with any of the Event Terms.
- EXCLUSION FROM EVENT OF PARTICIPANTS
Crohn’s & Colitis Australia has the right to exclude a Participant from participating, or continuing to participate, in the Event if in the opinion of Crohn’s & Colitis Australia or any of its directors, officers, employees, agents and sub-subcontractors, that Participant is not complying with any of the Event Terms.
Clauses 4, 9 and 10 above survive any termination or expiry of these Event Terms as between Crohn’s & Colitis Australia and any Participant.
- GOVERNING LAW
These Terms and Conditions are governed by the laws of the State of Victoria.
TERMS AND CONDITIONS OF USE OF SITE
These Terms and Conditions of the use of this digital platform (Site) govern your use of this Site.
If you are using this Site to register for the Live Fearless Challenge, these Terms and Conditions of Use of Site (Site Terms) must be read together with the Terms and Conditions of Entry into the Event, which can be viewed above.
The Event Terms set out the terms and conditions under which Participants (as defined in the Event Terms) participate in the Live Fearless Challenge. You should read the Event Terms before registering to participate in the Live Fearless Challenge. By registering on this Site to participate in the Live Fearless Challenge, you agree to be bound by the Event Terms, as well as these Site Terms.
- This Site is powered by software provider, Made with Ed Pty Ltd (ABN 90 147 629 150) (trading as Funraisin) for Crohn’s & Colitis Australia. The use of this Site, and all services and online tools (the Platform) made available to donors, registrants and other users of this Site (Users, or You) is governed by these Site Terms. Your access and use of the Platform constitutes your agreement with, and acceptance of, these Site Terms, and if You do not accept these Site Terms, You may not use or continue to use this Platform.
- This Platform allows you to register for the Live Fearless Challenge, purchase the Live Fearless Challenge merchandise and/or make donations to our charity by sponsoring people who will participate in the Live Fearless Challenge on their personal fundraising pages.
CREDIT CARD PAYMENTS
- Any payment for registration fees, donations, purchases or other transactions made through the Platform by a User inserting the User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved, then the payment will be refunded unless it has already been credited to the relevant beneficiary.
- In the event of unauthorised use of Your credit card, you must notify your card provider in accordance with its reporting rules and procedures.
- All transactions are in Australian Dollars. Transactions will appear on your credit card statement as CROHNS AND COLITIS AUS CAMBERWELL.
ONLINE DONATIONS AND RECEIPTS
- The net proceeds of all monies donated to Crohn’s & Colitis Australia are used charitably at the discretion of Crohn’s & Colitis Australia’s Board of Directors, to support IBD research, quality of care and education. The various projects supported by Crohn’s & Colitis Australia from time to time are listed on Crohn’s & Colitis Australia’s website (crohnsandcolitis.com.au).
- Crohn’s & Colitis Australia is a Deductible Gift Recipient, and accordingly all donations made to Crohn’s & Colitis Australia are tax deductible.
- Donors will receive a tax receipt for any donation made. The receipt will be sent via the email address entered at the time of donation.
- You may use the Platform anonymously without registering.
- You must keep Your personal login information safe, private and secure at all times, including by:
- not allowing any other person to use Your login information or to hold themselves out as You;
- not disclosing Your login information to any other person by any means; and
- regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.
INDEMNITY FOR MISUSE OF YOUR LOGIN INFORMATION
- Crohn’s & Colitis Australia and its affiliates, directors, officers, employees and agents accept no liability for acts carried out by any person using Your personal login information, and You agree to indemnify Crohn’s & Colitis Australia and its affiliates, directors, officers, employees and agents from any costs, expenses or damage of any kind whatsoever paid or payable by any of them in connection with your breach of clause 12 above or any misuse of Your login information.
PERSONAL FUNDRAISING PAGES
- Users who are registered with this Platform may establish a fundraising page (Personal Fundraising Page) on the Platform to fundraise for Crohn’s & Colitis Australia. All external funds raised by a User with a Personal Fundraising Page must be donated exclusively through the Platform.
- Crohn’s & Colitis Australia has the right to edit, delete, close or suspend any Personal Fundraising Page at any time in its absolute and sole discretion.
- A User who establishes a Personal Fundraising Page must comply at all times with the terms of clauses 24, 25 and 26 below regarding Online Conduct.
- Crohn’s & Colitis Australia and its affiliates, directors, officers, employees and agents accept no liability for any misuse by Users of their Personal Fundraising Pages, and each User who establishes a Personal Fundraising Page agrees to indemnify Crohn’s & Colitis Australia and its affiliates, directors, officers, employees and agents from any costs, expenses or damage of any kind whatsoever paid or payable by any of them in connection with any misuse by that User of his or her Personal Fundraising Page.
- To the extent permitted by law, this Platform, and the information and services provided on it, are provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including but not limited to those of title, merchantability, fitness for a particular purpose or non-infringement, and without any warranty arising from a course of dealing, usage or trade practice. No oral advice or written information provided by Crohn’s & Colitis Australia or its affiliates, directors, officers, employees or agents shall create a warranty; nor should Users of the site rely on any such information or advice.
- Crohn’s & Colitis Australia will make reasonable efforts to maintain the performance of the Platform and continue to deliver services to Users. However, the User acknowledges and agrees that Crohn’s & Colitis Australia cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public internet.
- The disclaimer of warranties in clauses 18 and 19 above replaces all other representations or warranties, whether statutory, express or implied, that may have been made by Crohn’s & Colitis Australia or be found in these Site Terms or in the relationship between Crohn’s & Colitis Australia and any User, and all such representations and warranties that may be excluded at law are excluded.
DISCLAIMER OF LIABILITY
- The User assumes all responsibility and risk for the use of the Platform and the information and services provided on the Platform, and the internet generally. Under no circumstances, including negligence, shall Crohn’s & Colitis Australia or any of its affiliates, directors, officers, employees or agents be liable for any direct, indirect, incidental, special or consequential damages, or any lost profits, revenue, data, goodwill, business opportunity or bargain, that result from a User’s use of, or inability to use, the Platform and/or any other websites which are linked to the Platform, or from the information and services provided on the Platform. Nor shall Crohn’s & Colitis Australia or any of its affiliates, directors, officers, employees or agents be liable for any such damages including, but not limited to, reliance by a User on any information obtained via the Platform; or that results from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorised access. In States and Territories which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent permitted by law.
- The User indemnifies and holds Crohn’s & Colitis Australia and its affiliates, directors, officers, employees and agents harmless for any liabilities, claims, expenses or demands, including legal fees and costs made by any third party against any of them due to or arising out of or in connection with:
- the use or misuse of the Platform by the User;
- content uploaded by the User;
- any breach by the User of these Site Terms; or
- the use or misuse of a User’s Personal Fundraising Page.
BENEFIT OF COVENANTS IN FAVOUR OF THIRD PARTIES HELD IN TRUST BY CROHN’S & COLITIS AUSTRALIA FOR THOSE THIRD PARTIES
- The User acknowledges and agrees that the benefit of any promise or covenant made by the User to or in favour of Crohn’s & Colitis Australia’s affiliates, directors, officers, employees or agents (including the benefit of the indemnities given by the User in clauses 17 and 22 above in favour of those parties) is held by Crohn’s & Colitis Australia in trust for those affiliates, directors, officers, employees or agents (as the case may be), and that those affiliates, directors, officers, employees or agents may enforce that promise or covenant directly against that User.
- Users of the Platform agree to use it only for lawful purposes and are prohibited from posting on the Platform (including on any Personal Fundraising Page) any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including but not limited to any material which encourages conduct that would constitute a criminal offence, give rise to a civil liability or otherwise violate any applicable local, state, national or international law. This applies to any posting that could be termed as sexual harassment and/or discrimination. The posting of any such material on a User’s Personal Fundraising Page will result in the closure and deletion of that Personal Fundraising Page.
- Additionally, you must not use the Platform (or any Personal Fundraising Page on it) to:
- send junk mail, sms or spam to people who do not wish to receive communications from You;
- conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- interfere with, or disrupt, the operation of the Platform or introduce any computer virus to the Platform.
- Except in relation to a User's Personal Fundraising Page, a User may not remove, alter, add to or change anything on the Platform.
DISCLAIMER OF ENDORSEMENT
- Reference on the Platform to any products, services, hypertext link to third parties or other information by trade name, trade mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Crohn’s & Colitis Australia or its affiliates, directors, officers, employees or agents. Nor is an endorsement of Crohn’s & Colitis Australia or its affiliates, directors, officers, employees or agents implied by such links.
INTERNET USAGE RISKS AND CREDIT CARD FRAUD
- Users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a User’s transactions are being viewed, intercepted or modified by third parties or that files which the User downloads may contain computer viruses or other defects.
- Crohn’s & Colitis Australia and its affiliates, directors, officers, employees and agents accept no liability for any:
- credit card fraud perpetrated against a User as a result of any unauthorised viewing by a third party of a User’s credit card details entered by a User on the Platform; or
- interference with or damage to a User’s computer system, software or data occurring in connection with the Platform or its use.
- Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected or downloaded from the Platform is free of viruses or other contamination that may interfere with or damage the User’s computer system, software or data.
RESTRICTIONS ON USE
- The information on this Platform is protected by copyright. Except as expressly permitted by Crohn’s & Colitis Australia, Users must not reproduce, publish, adapt or communicate information on this Platform to the public. Crohn’s & Colitis Australia authorises Users to make a copy of the information on this Platform for personal use only.
- The laws of Victoria and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.
- Clauses 4, 5,13, 17, 18, 19, 20, 21, 22, 23, 29 and 31 survive termination or expiry of these Site Terms as between Crohn’s & Colitis Australia and the User.
- If any provision in these Site Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
Crohn’s & Colitis Australia recognises the importance of maintaining Your privacy to the extent it is able to do so, and is committed to complying with the Australian Privacy Principles contained in the Privacy Act 1988 and protecting the privacy of the Platform visitors and Users.
THE INFORMATION WE WILL COLLECT
Crohn’s & Colitis Australia will collect information from Users of the Platform that may enable those Users to be directly or indirectly identified (Personal Information).
Personal Information may include the name, address, email address, telephone number, age and T-shirt size of the User, event distance, and the User’s credit card details. This information will be used to:
- register Users with the Platform and populate the Platform’s database;
- register Users as Participants in the Live Fearless Challenge;
- facilitate and complete the payment of registration fees for participation in the Live Fearless Challenge;
- facilitate and complete the payment of donations;
- facilitate and complete the payment for merchandise purchased through the Platform;
- issue receipts to Users for payments made by them through the Platform;
- send merchandise purchased on the Platform to Users;
- assist in the establishment and/or maintenance of a User’s Personal Fundraising Page;
- determine prize winners and distribute prizes to winners;
- provide information and updates about our activities and marketing to You (although a User may elect to opt out from receiving such information and updates from Crohn’s & Colitis Australia by expressly advising Crohn’s & Colitis Australia that it does not wish to have such information sent to him or her).
Users providing Personal Information through the Platform consent to the use of that information for the purposes set out above.
ACCESS AND CORRECTION
Under the Privacy Act 1988, You have the right to:
- seek access to your Personal Information held by Crohn’s & Colitis Australia;
- ask us to update or correct your Personal information when it is inaccurate, incomplete or out of date;
- opt out of receiving direct marketing communications from us.
If you are of the view that Personal Information about you is inaccurate or out of date, or if you have any other queries about access or correction, please contact our Privacy Officer using the contact details set out below.
If you wish to make a complaint about how Crohn’s & Colitis Australia handles your Personal information, please contact us setting out Your complaint in writing and forward it to our Privacy Officer, using the contact details set out below. We will deal with all requests for access to Personal information or complaints as quickly as possible.
The Site uses some cookies. You can set your browser to reject cookies but some parts of the Site may not function properly if the cookies are rejected.
CONTACT DETAILS FOR OUR PRIVACY OFFICER
Post: The Privacy Officer, Crohn’s & Colitis Australia, Level 1, 363 Camberwell Road, Camberwell Victoria 3124.
Telephone: (03) 9815 1266
Email: [email protected]
PERSONAL INFORMATION COLLECTION NOTICE
By completing various fields in the Platform, you are providing Personal information to Crohn’s & Colitis Australia.
Your Personal Information is not provided to 3rd parties without your prior consent except in circumstances in which we are compelled by law to provide that information for the purposes of law enforcement.
PRIVACY, DISCLOSURE AND CONSENT TO USE INFORMATION
- The Entrant acknowledges and permits the Promoter during and after the Competition to:
- collect, store, handle, access, manage, transfer, use and disclose personal information about the Entrant, including name, suburb, age and image, in connection with the content. This includes transmission outside of Australia. The Entrant may revoke its consent to this clause at any time upon written notice to the Promoter, however existing uses of the images and recordings will not be impacted by this revocation or withdrawal of consent;
- contact the Entrant for any reason related to the Competition or other activities of the Promoter.