Walk4BrainCancer Participation Terms & Conditions
The following are the terms and conditions of entry for Walk4BrainCancer. These terms are non-negotiable and by accepting an entry to the event via our online registration system and paying a registration fee/donation you hereby acknowledge your acceptance of our terms and conditions.
Warning: This is a legal document that affects your rights. If you are uncertain or uncomfortable with some of the conditions of registration, then we recommend that you obtain advice to ensure you understand and accept the conditions of entry.
I agree as the billing registrant on behalf of myself and any additional tickets for other participants purchased within my order, to participate in this event on the following basis:
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- Walk4BrainCancer is NOT a race but a participation event.
- I will participate and contribute to the event in a positive and co-operative manner and with a spirit of goodwill and camaraderie.
- I acknowledge that competitive or other sporting events involve the real risk of serious injury or even death from various causes including overexertion, equipment failure, dehydration, accidents with other competitors, spectators or road/pathway/bikeway users, and course or weather conditions and other causes.
- I warrant that I am fit and healthy and physically capable of participating in such an event. I acknowledge that if I am aware of an existing medical condition and uncertain of my state of fitness then a medical practitioner should verify my physical condition and provide me with a clearance to participate.
- By participating, I accept all risks necessarily flowing from my participation that could result in injury, loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of the event from all claims demands and proceedings arising out of my participation, and I hereby indemnify them against, all liability (including liability for their negligence and negligence of others) for all injury, loss or damage arising out of or connected with my participation in this event. This release shall extend to event volunteers and other participants, event sponsors, event marshals and their respective directors, partners, managers, officers, agents, contractors, employees, and volunteers including event medical and paramedical personnel. This release and indemnity continue forever and binds my heirs, executors, personal representatives.
- I will immediately withdraw from this event should at any stage I feel any stress, discomfort or pain that exceeds any level that a normal person would expect to experience arising from such physical participation/exertion.
- I understand that insurance cover for participants in this event may not cover all injury, loss or damage sustained by me.
- This is a charity fundraising event. No refunds will be offered once a donation is made and/or received by Cure Brain Cancer Foundation. I forfeit any and all claims against Cure Brain Cancer Foundation.
- I agree to abide by all rules and directions issued by the event organiser.
- I acknowledge and agree that such photographs and electronic images are owned by the event organisers and that the event organiser and event sponsors may use the image for promotional use forever.
- I agree that I am fully responsible for any possessions I have left in or around the course or at the marshalling area. The event organisers will not be liable for replacement of any personal or other possessions.
- I agree to my name and only my name being supplied to Community Walk Hosts (where participating in a Community Walk), which will be used to check-in on the day of the event.
- I acknowledge the ticket for the event I have registered for is for the chosen event only and cannot be transferred without permission from the event organisers.
- I agree that I will be responsible for and accompany any children (Under 16yrs) that are part of my registration throughout the duration of the event.
- I confirm that all the information I supplied on the entry form is correct.
Covid-19
The Foundation has adopted some special terms and conditions as a result of the coronavirus (COVID-19) pandemic. These terms and conditions are informed by a safety-first approach, to ensure that our events are COVID safe, and all workers and audiences mitigate the risks of community transmission to the general public. These special terms are set out below.
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- The Foundation supports the federal government’s recommendation regarding the use of the COVID safe app.
- You agree to always abide by the government COVID-19 restrictions at the walk venue and social distance, where possible.
- You agree to stay home if:
- You feel unwell or show even the mildest of symptoms of COVID-19.
- You are required to self-isolate or quarantine (and the event falls within the isolation/quarantine period) due to being:
- a confirmed case of COVID-19.
- Having close contact with a confirmed case of COVID-19
- Living in or having been in a high-risk area within Australia.
- Having returned from overseas.
- You have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results). The symptoms of COVID-19 include fever, chills or sweats, cough, sore throat, shortness of breath, runny nose of loss of sense of smell.
- When attending a Walk4BrainCancer event, you and each member of your booking must comply with any and all COVID-19 safety protocols or requirements notified to you by the Foundation along with state law and requirements.
- You acknowledge that anyone not adhering to these requirements may be in breach of directions issued by the Chief Health Officer for which penalties may apply.
- You acknowledge that the Trust may be required to collect contact tracing information from you and each member of your booking party when you and they attend the event. This includes the first name and phone number of each person who attends the event including children and babies. You must communicate this requirement to each member of your booking party before they attend the event.
- You agree to provide us with any information we are required to collect for contact tracing purposes. The purpose of collecting this information is to assist any contact tracing in the event of an outbreak or potential exposure to someone with COVID-19 at the event. You acknowledge that we may disclose contact tracing information to health authorities or as otherwise required or authorised by law. You acknowledge that we may retain the information for 28 days (or such longer period as required by law), after which time it will be deleted or destroyed. While we hold the information, we will take all reasonable steps to keep your contact tracing information secure and free from unauthorised access or use.
- Without limitation, you and your booking party may be refused entry or required to leave the event if you or they:
- Refuse to comply with any COVID-19 safety protocols or requirements notified to you by the Foundation,
- Refuse to comply with any reasonable health and safety directions given by staff or volunteers.
- Refuse to provide contact tracing information to the Foundation on request.
- Are exhibiting symptoms of COVID-19, as notified to or as assessed by Foundation staff. These include; fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell;
- Have been tested for COVID-19 and are awaiting test results; or
- Are required to be in self-isolation/quarantine due to:
- Being a confirmed case of COVID-19; or Having close contact with a confirmed case of COVID-19; or Living in or having been in a high-risk area within Australia; or having returned from overseas.
- In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law). We ask that you and each member of your booking party make a reasonable assessment of your health status before attending the event. To avoid doubt, unless required by law you will not be entitled to a refund if you or a member of your booking party attends our event despite you exhibiting COVID-19 symptoms and if you or they are then refused entry or asked to leave the event.
You must notify the Foundation immediately if you or any member of your booking party develop any symptoms of COVID-19 within 14 days of attending our event. Please contact us immediately by calling 02 8973 1400.
Social Fundraising & User Conduct
I agree to fundraise for this event on the following basis:
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- You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way;
- You must ensure that any content you upload onto the site (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it;
- In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing info@walk4braincancer.com.au;
- You must not use the site to misrepresent your identity or affiliation with any person or organisation;
- You must not use the site to send junk or spam email;
- You must not use the site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter;
- Cure Brain Cancer Foundation reserves the right to remove any content from any page without notice at its sole discretion, including the right to withdraw approval for the fundraiser/activity at any time if it appears there is a likelihood of the Fundraiser failing to adhere to any of these terms and conditions, and/or Community Fundraising Guidelines;
- You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other website.
- You must not to attempt to bypass the network firewall;
- You must not to use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;
- You must not to use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.
Please contact us at help@walk4braincancer.com.au should you require clarification on any of the above.
Acceptance of website Terms and Conditions
By using this site, you agree that you have read and understand these Terms and Conditions and agree to abide by them at all times.
The Terms and Conditions govern the use of curebraincancer.org.au and walk4braincancer.com.au (the “Websites”). The Websites are owned and operated by Cure Brain Cancer Foundation, ABN 22 121 906 036, Level 10, 135 Macquarie Street, Sydney NSW 2000, Australia (“we”, “us” and “our”).
Intellectual Property
Unless otherwise indicated, all content published and made available on our Websites is the property of Cure Brain Cancer Foundation and the Website’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and everything that contributes to the composition of our Website.
Cure Brain Cancer Foundation’s logo must not be reproduced or used in any way unless we provide prior approval in writing. Permission to use Cure Brain Cancer Foundation’s logo must be sought in writing by contacting info@curebraincancer.org,au.
Cure Brain Cancer Foundation does not claim ownership of any third-party photographs, images or material displayed on this site unless otherwise stated and does not knowingly intend to violate the copyright or intellectual property rights of any third-party entity.
Online terms of use
To the extent our Websites or social media accounts allow you to engage with us, such as by making comments or posting material, Cure Brain Cancer Foundation reserves the right to remove any such comments or material that, in our sole discretion, are deemed to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or are otherwise illegal or unacceptable. When engaging with us, you agree not to make comments or send material that would be deemed abusive, defamatory, obscene or menacing, whether directed at CBCF or other end users.
Security
Cure Brain Cancer Foundation wants to ensure that all our supporters can confidently financially transact with us. We have taken all reasonable measures to provide security to you in your dealings with us. In visiting our Websites, you agree that you will not attempt to circumvent any security measures or gain access to information that you have not been granted access to.
We use Secure Sockets Layer technology (SSL) to help ensure a safe, sound and secure experience on our Websites for registration, donation and credit card transactions.
Donations
Donations may take up to 48 hours to process. Receipts will be emailed upon transaction. For security purposes, credit card details will not be stored by Cure Brain Cancer Foundation.
All donations above $2.00 are tax deductible (in Australia). Cure Brain Cancer Foundation does not provide refunds for donations.
Programs/Events
Cure Brain Cancer Foundation runs various programs, events and functions that are promoted through our Websites. Should you choose to participate in or attend any of these programs or events, you do so at your own risk. These events may have their own specific terms and conditions, which are separate and in addition to these Terms and Conditions. Where an inconsistency exists between the program/event Terms and Conditions and these Terms and Condition, the program/event Terms and Conditions will prevail.
Merchandise
These Terms and Conditions govern the sale of merchandise available on our Websites and apply to all the goods that are displayed on our Websites at the time you access it. This includes all products listed out of stock. All information, descriptions, or images that we provide are as accurate as possible.
Shipping and Delivery
Delivery will take place as soon as reasonably practicable depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.
Delivery charges will apply at checkout. Cure Brain Cancer Foundation does not ship outside Australia.
Payments
We accept the following payment methods on our Websites:
- Credit Card
- Debit Card
- Apple Pay
You may also donate:
- Over the phone (02) 8973 1400
- By mailing a cheque to: Cure Brain Cancer Foundation, PO Box R747 Royal Exchange NSW 1225
- By emailing us at community@curebraincancer.org.au for details on how to make a direct deposit or other payment methods.
Pricing
All prices referred to on our Websites are in Australian dollars only. All prices listed on our website include GST, where applicable.
International Currency Terms
Cure Brain Cancer Foundation advises that your donation will be converted to Australian Dollars. Please be aware of your local exchange rate at present and consider any recurring donations where the exchange rate may vary.
Consumer Protection Law
Where the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010), or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Condition will be read subject to the mandatory provision of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Cure Brain Cancer Foundation and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of our Websites.
Indemnity
Except where prohibited by law, by using our Websites you indemnify and hold harmless Cure Brain Cancer Foundation and our directors, officers, agents, employees, subsidiaries and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provision will not be affected by the removal and the rest of these Terms and Conditions will be considered valid.
Privacy Policy
Cure Brain Cancer Foundation takes your privacy seriously and any information provided through your use of the Websites are subject to Cure Brain Cancer Foundation’s Privacy Policy. Please see our Privacy Policy for more information.
Changes
Cure Brain Cancer Foundation may, without notice, amend or modify its Terms and Conditions by posting the amended Terms and Conditions to our Websites.
Questions/further information
If you have any questions or feedback about this Terms and Conditions, please contact:
Company Secretary
Level 10, 135 Macquarie Street
Sydney NSW 2000
Telephone: 02 8973 1400
Email: info@curebraincancer.org.au
Last updated June 2022.
