This website is provided by Cancer Council Australia 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 Australia and the Cancer Council in the State or Territory in which you are participating in the fundraising activity. 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
Participation Terms and Conditions
Participation in your event
All participants in Daffodil Day must accept these terms and conditions (“Terms and Conditions”) prior to their participation in Daffodil Day. If you are under the age of 18, you must ensure that these Terms and Conditions are accepted by your parent or guardian on your behalf. Where relevant these Terms and Conditions will also apply to donors and supporters of participants.
You understand and agree that you participate in Daffodil Day at your own risk.
It is your responsibility to comply with all legal requirements relating to your Daffodil Day fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event. By participating in Daffodil Day you are accepting these terms and conditions, the Fundraising Guidelines that apply in the State or Territory in which you are conducting your fundraising event; the Privacy Collection Statement; and any other documents provided to you in your welcome pack, and you agree to comply with them.
You will indemnify, keep indemnified and hold harmless Cancer Council and all Daffodil Day sponsors and organisers, as well as their officers, employees, volunteers, agents and representatives, from any and all loss, damage, cost or expense in connection any claim arising from your participation in or involvement with Daffodil Day or any breach of these Terms and Conditions by you; and publication or supply of any materials (as defined in the Media Consent and Provision of Materials clause below) by you.
Release and Exclusion of Cancer Council's Liability
To the maximum extent permitted by law:
- you fully and irrevocably exclude and release Cancer Council and all Daffodil Day sponsors and organisers, 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 my involvement in Daffodil Day, including in relation to death and personal injury;
- 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 Daffodil Day sponsors or organisers (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 Daffodil Day sponsor or organiser (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 Daffodil Day; 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 resupplying, repairing or replacing the service to you or the payment of the cost of supplying the service to you again.
Donations are not refundable for any reason.
Pandemic and Communicable Disease Health Management
As Daffodil Day is taking place amidst the COVID-19 world pandemic crisis, you agree to adhere to all public health rules and regulations notified to you by your local, state or federal Government, other regulatory body or the event venue.
If you are registering for Daffodil Day on behalf of a group, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must:
- make the contact details of your group available to the Government (if you have the consent of each group member to do so); or
- contact each member of your group, and request that they provide their contact details to the Government directly.
All participants in Daffodil Day must commit to stopping the spread of COVID-19. If at the time of the Daffodil Day event you are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event.
Website Usage Terms and Conditions
Use of the Website
This website is provided "as is", and we give no express warranties of any kind relating in any way to the website, including (i) warranties as to merchantability or fitness for a particular purpose; or (ii) a warranty that your access to or use of the website will be uninterrupted or error free, or that the website (including its content), or any emails received from Cancer Council, will be free from viruses (and, to this end, you should protect your software and systems by installing and implementing your own virus, security and system checks). Your use of this website and the information on it is at your own risk. To the fullest extent permitted by law, we do not accept any liability for any reliance placed on the information (including information which is not correct, complete or up to date or suitable for any particular purpose). 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 or materials again or paying the cost of having the information or materials supplied again.
Removal of Information
Cancer Council may remove any material and/or information included on the Website, 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;
This website may contain links to other websites. Please note that when you click on one of these links, you are entering another website for which Cancer Council has no responsibility. Cancer Council does not control or monitor other sites and these links should not be taken as an endorsement or a recommendation by Cancer Council of those other sites or their content. We encourage you to read the terms and conditions on all such websites as their policies may be different than ours.
Copyright/use of content
Works of authorship contained on this website, including but not limited to all design, text and images, are owned or licensed by Cancer Council Australia and/or its member organisations. They may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Cancer Council Australia's prior written consent, except by educational institutions for educational purposes, or for personal and non-commercial uses.
When used for personal or educational purposes, Cancer Council Australia has no objection to the reproduction of content or material provided that the following criteria apply:
- Content is used one time only, in a non-commercial educational setting (one written report, one oral report, or one day of educational display is allowed by for a single presentation).
- Material can only be branded Cancer Council and an acknowledgment to Cancer Council, including the weblink www.cancer.org.au, must be prominently displayed.
- No exclusivity is claimed in relation to provision the content.
- Content is not altered, placed out of context, linked to, reused, further reproduced, or distributed.
- Content is not to be reproduced for use on a web page or with any online service or application without permission of email@example.com
Governing Law and Jurisdiction
These Terms and Conditions 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.