This website is provided by Cancer Council Australia for the purposes of participating and or donating to Cancer Council via Daffodil Day Appeal events.
“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 Appeal” and “DDA” means Daffodil Day Appeal events and fundraising activities associated with those events, 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 DDA must accept these terms and conditions (“Terms and Conditions”) prior to their participation in DDA. 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.
Participation by children under 15 years (NSW participants only)
The Event Period is the period in which any fundraising activity associated with the event takes place, including participation in the Event itself.
To participate in the Event, children under 15 years of age must:
a) be at least 8 years of age at the time of registration
b) have the explicit consent of their parent or guardian to participate at the time of registration
c) be accompanied/supervised by their parent or guardian (the Supervisor) during the Event Period and any associated fundraising activities
d) only participate
a. for less than 4 hours on a school day;
b. for less than 6 hours on a non-school day;
c. up to 8:30pm on a non-school day when the following day is a school day;
d. no more than to five days in a week;
e. after 6.30am or sunrise, whichever is the later; and
f. up until sunset or 6pm, whichever is the earlier.
The Supervisor must ensure that during the Event Period:
a) they maintain ongoing contact and proximity to the child appropriate to the child’s age;
b) the child is provided with appropriate food and water or other nutritious drink;
c) the child is adequately clothed and protected for the weather conditions;
d) the child does not enter a private dwelling if soliciting door-to-door;
e) the child does not solicit from a person in a motor vehicle; and
f) they accompany the child home after the Event, unless the child is more than 12 years or age
Risk Notice
You understand and agree that you participate in DDA at your own risk.
It is your responsibility to comply with all legal requirements relating to your DDA fundraising event. You understand that Cancer Council has not obtained any 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. By participating in DDA 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 assume all risk to both you and your property during the Event.
Indemnity
You will indemnify, keep indemnified and hold harmless Cancer Council and all DDA 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 DDA or any breach of these Terms and Conditions by you; and publication or distribution 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 DDA 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 (whether in tort, including negligence, in contract, under statute or otherwise) suffered by you as a consequence of your involvement in DDA, 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 DDA 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 DDA 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 DDA; 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.
Refunds Policy
Donations are not refundable for any reason.
Pandemic and Communicable Disease Health Management
As DDA 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 DDA 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 DDA must commit to stopping the spread of COVID-19. If at the time of the DDA event you are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event.
Photographic Consent
You acknowledge that in the course of the Event, photographs, images, or film may be taken of you, either alone or in group shots with others. You agree to the use of your image in these photographs, images, or film in Cancer Council publications, or on social media sites or websites in the future. You agree that Cancer Council may use your name in conjunction with any photographs or images of you. You also agree that the photographs or film may be used by third party media organisations in connection with the publicity and reporting of the event publicly.
If you share, post, or upload photos or videos (“Images”) to the Event website or other websites or social media sites associated with the Event, or tag or link Cancer Council in such content on social media, you consent to the following:
1. Cancer Council has permission to use, distribute, modify, display, and create derivative works from the Images in promotional collateral and on Cancer Council websites, social media sites, publications, and on any other medium now or in the future in perpetuity. You waive any right to review or approve any uses of the Images.
2. Where you, or any of the subjects appearing in the Images, are identified or identifiable in the Images, you give Cancer Council permission to identify you and the other subjects by name.
3. You agree the Images may also be used by Cancer Council Australia and other State and Territory Cancer Councils that are members of Cancer Council Australia (Cancer Council Affiliates).
4. You are not entitled to any remuneration or compensation from Cancer Council or the Cancer Council Affiliates for the Images.
You confirm that:
5. you are the creator and the copyright owner of any Images you share, post, or upload to the Event website or any other websites or social media sites associated with the Event, or tag Cancer Council or the Event in on social media;
6. and you have the permission or consent of all persons who are captured and identifiable in the Images you provide to Cancer Council (including parental consent if the subject is under the age of 16).
You understand that any content and Images that you share, post, or upload on Cancer Council or the Event websites may be crawled and stored by web services such as search engines, social media platforms, or archiving tools. Cancer Council is not responsible for removing information stored by third parties.
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;
- pre-screen, block or remove any content posted or uploaded by users of the Website which it considers inappropriate, including but not limited to, material that it considers may violate its Privacy Policy or these Terms of Use; and
- suspend your access to the Website and its services without notice to you if you fail to comply with these Terms of Use.
Other websites
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 www.daffodilday.com.au
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.
