This Website is provided by Cancer Council NSW for the purposes of participating and/or donating to Cancer Council via the Daffodil Day appeal.
“Cancer Council”, “we”, “us” or “our” means Cancer Council NSW, the Cancer Council in the State or Territory in which you are participating in the fundraising activity and Cancer Council Australia. Full details of Cancer Council Australia and its State and Territory members are available here.
“Daffodil Day” means events and fundraising activities associated with the Daffodil Day appeal, whether organised by Cancer Council or any other person.
“Website” means www.daffodilday.com.au
Cancer Council NSW operates this Website and the data that you provide is collected and owned by Cancer Council NSW and the Cancer Council in the State or Territory in which you are participating in the fundraising activity.
Your Privacy
Cancer Council may gather and store information that you provide to us when using the Website, including information:
- that you may provide when accessing this Website, such as your name, address, email address and other personal information;
- posted by you on this Website; and
- regarding the way in which you use this Website including, without limitation, information acquired through the use of cookies programmed during the accessing of this Website.
Please read our Privacy Policy and our Privacy Collection Statement to find out how we handle the information you provide to us.
When you register for the Event a unique fundraising page will be created for you. This may include your name in the URL such as daffodilday.com.au/fundraisers/johndoe21/. This Website URL and any content you choose to upload will be publicly accessible to third party services, including search engines, and other tools used by Cancer Council NSW. Personal contact details and financial details will not be publicly visible in such ways.
For further information about any matter relating to privacy please refer to the Cancer Council NSW Website at https://www.cancercouncil.com.au/privacy/.
Use of Content on this 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.
This Website may contain links to external Websites or applications that are not controlled by us. 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 should a link be considered as an endorsement or recommendation by Cancer Council of that site or its content. Cancer Council does not accept any liability for any loss or damage occasioned by your use of linked Websites and linked applications available through this Website.
To the fullest extent permitted by law, Cancer Council does not accept any liability for loss or damage arising from your use of this Website or reliance upon the information contained on this Website. If any warranty or guarantee cannot by law be excluded, then, to the extent permitted by law, Cancer Council’s liability for such warranty or guarantee is limited, at Cancer Council’s option, to supplying the information, service or goods again or paying the cost of having the information, service or goods supplied again.
Credit Cards and Refunds
You agree not to use an unauthorised or invalid credit card to make payments on this Website. Subject to your rights under the Australian Consumer Law, if you make a donation to Cancer Council or purchase a Daffodil Day ecard, the transaction is final, and no refunds will be provided except where unauthorised credit card 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.
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 trademark notices are not altered;
- an acknowledgment 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.
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, false 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 Competition and Consumer Act 2010 (Cth), including the Australian Competition and Consumer Law, the Fair Trading Act 1987 (NSW), the Charitable Fundraising Act 1991 (NSW), the Charitable Fundraising Regulation 2021 (NSW), any equivalent state and territory legislation, legislation from any other parliament competent to legislate 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.
Licence to Use Intellectual Property
By uploading any material in accordance with these Terms and Conditions that 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 permitted 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.
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 junk mail, 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) which does not comply with these Terms of Use or which Cancer Council considers inappropriate, 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 any material term of 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.
