Terms & Conditions
Remember September Challenge 2023
The following are the terms and conditions that each registrant (the Participant) must adhere to in order to participate in the “Remember September” 2023 challenge (the Event) and/or to use this website.
The following terms and conditions are necessary for promoting and conducting the Event and the website, and you must comply with them:
1. Warning about Risk
Participation in the Event carries risk, including, but not limited to, risks of personal loss of good health or wellbeing from foods or liquids not consumed, and/or a reduction of consumption of calories from specific foods or liquids. Being a Participant in the Event includes removing or reducing the intake of some foods or liquids and the calories contained within them, therefore the Participant will take part in the Event:
1. Entirely at their own risk and understanding that the Event guidelines on restricting or removing certain foods or liquids from their diet is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.
2. Will seek guidance or advice from a qualified health professional if the nature of, or activities stipulate for the Event impacts, affects or is, directly or indirectly, related to a personal health or a medical condition you are concerned about, are experiencing or have experienced, in the past.
More information on the amount and kinds of foods for general health and wellbeing can be found on this Australian Government website: https://www.eatforhealth.gov.au/
2. Release
By participating in the Event you agree to release the Indemnified Persons from any Claim or Demand arising from any loss, injury, liability or damage that you may suffer in connection with that participation.
3. Definitions
“Claim or Demand” means any claim, demand, action, proceeding, determination, judgement, order, fine, penalty, sentence, award of damage or costs of any nature whatsoever; “You” includes any legal representative if you are under the age of 18 or otherwise lack legal capacity; “Landowner” means and includes the owner, lessee or occupier of any land and any employee, agent or independent contractor of any such person; “The Event Organiser” means PanKind, The Australian Pancreatic Cancer Foundation and their related entities and each of their officers, members, employees, agents and independent contractors and any volunteer assisting with the Event including medical and paramedical personnel. “Indemnified Persons” means the Event Organisers, any Landowner of premises on which, or adjacent to which, the Event is held, promoters and sponsors of the Event, other participants and spectators, and any statutory body or local authority having control over any land upon which the Event or any part of it is conducted, including local councils, and includes any servant or agent of such persons, and all persons or associated corporations who may directly or indirectly assist such persons in the conduct of the Event.
4. Fitness to Participate
By registering to participate in the Event you warrant that you are medically and physically fit and able to participate in the Event. You must not be a danger to yourself or to the health and safety of others. If you are unsure if you are fit to participate, you must get medical advice before participating.
5. Use of image
By participating you consent to the Event Organisers using your image, likeness, words and also your performance in the Event, at any time, to promote the Event, or any other events owned and /or managed by the Event Organisers, by any form of media for free, both now and in the future on any channel, medium or format.
7. Prevailing conditions
The Event and the conduct of, and participation in, the Events may be affected by weather and associated conditions so that the outcome will depend on the “luck of the prevailing conditions”. You accept that the Organisers reserve the right to alter the format or course of, shorten, or cancel the Event at their absolute discretion. The Event Organisers will use all reasonable efforts to conduct the Event in the planned format provided they are satisfied it is safe to do so. Should the Event Organisers make a change to, or cancel, the Event they are not obliged to provide any refund nor to restage the Event.
8. Registration fee
The Event registration fee is non-refundable even in the event that you are unable to participate, or if the Event is cancelled.
9. Participating in the “Remember September” Challenge
You must be at least 18 years old to create an account as a Participant. You must not attempt to do this if you are under 18 years old.
If you are under 18, you require the permission of a parent or guardian to create a personal fundraising page. This permission must be received in writing. Children under the age of 8 are not permitted build a personal fundraising page. If you are between the ages of 8 and 16 and would like to set up a fundraising page please contact us on admin@pankind.org.au. It is a condition of website use that any person under the age of 16 building a personal fundraising page must be appropriately supervised by an adult. The supervision requirements are as follows: Children between the ages of 8 and 12 building personal fundraising pages must do so under the direct supervision of parent or an adult delegated by the parent. If you have any concerns whatsoever about a child’s use of our services, please notify us immediately by emailing us at info@pankind.org.au. It is your (or, if you are under 16, your parent or guardian’s) responsibility to ensure that any items (including images) posted on your personal fundraising page do not put you at any risk in any way, physically or emotionally. Do not include any personal or confidential information on your fundraising pages.
10. Notes to parents/guardians
It is your responsibility to check that any content posted by your child on their personal fundraising pages is appropriate.11. Use of this website
Please be aware that your personal fundraising page on Funraisin is accessible to the public. The personal details you enter when registering and creating your page, other than your name (ie, address, email address etc) are not available to the public, however anything you upload onto your page or that you write in the body text section of your page will be viewable by the public. You must ensure that any content you upload onto the site (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it. You should also obtain permission from anyone appearing in your photograph. You must not use the website in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way. You must not use the site to misrepresent your identity or affiliation with any person or organisation. You must not use the site to send junk or spam email. PanKind, The Australian Pancreatic Cancer Foundation reserves the right to remove any content from any page without notice at its sole discretion. You must not to attempt to modify, adapt, translate, sell, or otherwise interfere with this web site or any other web site. You must not attempt to bypass the network firewall. You must not to use any part of this website which you are not authorised to use or devise ways to circumvent security in order to access part of this web site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access. You must not to use or attempt to use this website for any unlawful, criminal or negligent purpose. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy. In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing info@pankind.org.au. There may be links to other websites on this website. PanKind, The Australian Pancreatic Cancer Foundation accepts no responsibility for any of the material on these websites.
12. Privacy Policy
The Event Organisers understand the importance of protecting your private information. We comply with the relevant legislation and the National Privacy Principles. Our Privacy Policy details how we protect your information. We do not pass on your private details to any other organisation except in cases where names and addresses will be provided to external contractors who assist with mailing our newsletters and sending other information on our activities to you. On such occasions contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for the Avner Pancreatic Cancer Foundation. Read and review the PanKind Privacy Policy.
13. Site Security
When you provide personal information such as your name and address and credit cards details on this website, this information is protected by Secure Socket Layer (SSL) security, with Server Gated Cryptography that provides 128-bit step-up encryption. The website is fully authenticated by Thawte, a licensee of the TRUSTe Privacy Program.
14. Indemnity
You indemnify all Indemnified Persons from all loss (including legal costs on a full indemnity basis), injury, liability, damage, Claim or Demand whether actual or contingent they (or any of them) may incur or suffer, including any third party claims and the costs of defending those claims, arising out of or in connection with your participation in the Event (including any content posted on your personal fundraising page or in any other place on our web site by you or a person using your login details). This includes, without limitation, any loss caused or suffered by your negligent or wilful acts or omissions.
15. Parents and guardians - signing for others
If you consent to a person’s participation in the Event as their legal representative (for example, because they are under the age of 18, or otherwise lack legal capacity) then: You agree to supervise the Participant or otherwise ensure that the Participant is supervised as required under these terms and conditions You agree to all of the terms and conditions of entry in the Event for yourself and on behalf of the Participant You agree that the release and indemnity in these terms and conditions also applies to the Participant’s participation in the Event, and You agree that you are aware that the risks set out in these terms and conditions also apply to the Participant.
