Terms and Conditions

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:

1. that you may provide when accessing this Website, such as your name, address, email address and other personal information;
2. posted by you on this Website; and
3. 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:

1. 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;
2. 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;
3. 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.

Risk Notice 

You understand and agree that you participate in the Event at your own risk.  

It is your responsibility to comply with all legal requirements relating to the Event. You understand that Cancer Council has not obtained any personal accident insurance or any other insurance covering your participation in the Event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event. 

You assume all risk to both you and your property during the Event. 

Release and Indemnity 

You fully and irrevocably exclude and release Cancer Council and all Event sponsors, 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:

• your involvement in the Event, including in relation to death and personal injury
• in connection with or in respect of any breach of these Terms and Conditions; and
• in connection with the publication or distribution of any material or information, you supply to us (as defined in the Media Consent and Provision of Materials clause below).

If any claim, including in relation to personal injury, property damage or wrongful death arising from your participation in the Event is commenced, you agree to indemnify and hold harmless Cancer Council and all the Event sponsors, as well as their directors, officers, employees, volunteers, agents, and representatives, from any and all loss, damage, cost, or expense in connection with such claim. Your liability under this indemnity is reduced to the extent that the loss or damage arises out the gross negligence, fraud, criminal conduct or wilful misconduct of Cancer Council, or its directors, officers, employees, volunteers, agents and representatives.

Exclusion of Cancer Council's Liability 

You understand and agree that, to the maximum extent permitted by Commonwealth and state laws:  

• you fully and irrevocably exclude and release Cancer Council and all Event sponsors and organisers, as well as their directors, officers, employees, volunteers, agents and representatives, from all liability for any harm, loss, damage, cost or expense (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) to the extent caused by your failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort,(including negligence), in contract, under statute or otherwise suffered by you as a consequence of your involvement in the Event;
• 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 Event 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 Event 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) (Loss)  suffered or incurred by you, or any other person in connection with the Event, except to the extent the Loss is caused by Cancer Council’s reckless conduct (as that term is defined in the Competition and Consumer Act 2010 (Cth) (CCA)) or any malicious, criminal or fraudulent acts ; 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.  

You understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any Event sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) excludes all liability in connection with the supply of recreational services for:

1. death;
2. physical or mental injury;
3. the aggravation, acceleration, or recurrence of a physical or mental injury;
4. the contraction, aggravation, or acceleration of a disease; and
5. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Cancer Council or any event sponsor (or any of their directors, officers, employees, volunteers, agents, and representatives) to comply with a guarantee in sections 60-62 of the ACL.

This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Cancer Council or any Event sponsor.