1. Use of Information Gathered
Cancer Council and/or people authorised by it may gather and process the information:
- which you may provide when accessing the Website, such as your name, address, email address and other personal information;
- posted by you on the Website; and
The gathering and processing of information is for our charitable purposes generally including research and assessment purposes.
2. Participation in your event
You participate in your fundraising event at your own risk and subject to the Terms and Conditions of participation and other documents provided to you in your welcome pack. 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 or activity.
3. Parental consent
It is a condition of use of this Website that any person under the age of 16 conducting a fundraising event or activity be appropriately supervised by an adult. Where a child is under the age of 12 he or she must only operate the Website under the direct supervision of a parent or carer. We may refuse access to the Website to any child under the age of 16 until we receive permission from their parent or guardian.
4. Credit Cards and Refunds
You agree not to use an invalid or unauthorised credit card. Once a donation has been made, the trans- action 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.
5. Use of Material on the Website
Unless indicated otherwise all information contained on this Website including text, images, graphics, audio and video clips and all intellectual property rights, including copyright, is owned by and proprietary to Cancer Council. Except for the limited use set out the following paragraph, you may not reproduce, distribute, retransmit, upload, re- post content or frame the material on the Website with other material on any other website or make any other use of the Website, or the material contained on it, for any purpose.
Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
6. Links to other Websites
Cancer Council provides links on the Website to other websites that are not under its control. It is not responsible for the contents of any linked website, or any link contained in a linked website, or any changes or updates to such websites.
These links are provided for convenience of reference only and are not intended as an endorsement by Cancer Council of the organisation or individual operating the website.
7. Uploading information
You represent and warrant in relation to any material and/or information you provide to the Website 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 Common- wealth 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
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 Cancer Council NSW and their affiliates;
- Collect or store personal data about other users of this Website that is of a personal nature;
- 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.
9. 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;
- allow Cancer Council to sub-licence others the same rights granted to Cancer Council in (a) above.
10. 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;
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.
Cancer Council does not give, or purport to give any medical advice, and is not qualified to do so.
To the full extent permitted by law, Cancer Council NSW disclaims any and all warranties and guarantees, express or implied:
- regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
- regarding the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked
- that the Website, or its server are free of software viruses, the operation of the Website will be un- interrupted or error free, or that errors and defects will be
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.
12. Limitation of liability
The disclaimer in clauses 11 to 13 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities or implied consumer guarantees are not permitted by law. To the full ex- tent permitted by law, Cancer Council NSW’s liability for any implied warranty or condition or consumer guarantee is limited, at the choice of Cancer Council NSW, to one or more of the following:
- If the breach of an implied warranty or condition relates to services:
- the supply of the services again; or
- the payment of the cost of having the services supplied
- If the breach of an implied warranty or condition relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods
14. Governing Law and Jurisdiction