The following are the terms and conditions that you must adhere to in order to participate in the "Put Your Foot Down" walk (the Event) and/or to use this website. The following terms and conditions are necessary for promoting and conducting the events 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 injury or loss of good health from overexertion, dehydration, accidents, collisions with other participants or members of the public and course and weather conditions. Things can and often do happen which may impair your health or result in you being personally injured or your property damaged. Because the Event is potentially hazardous, those taking part must do so at their own risk.
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 Organisers" 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.
5. Use of image By participating you consent to the Event Organisers using your image, likeness and also your performance in the Event, at any time, to promote the Event by any form of media for free.
6. Consent to medical treatment By participating in the Event you consent to receiving any medical treatment that the Event Organisers or their authorised representatives consider necessary or desirable during or immediately after the Event.
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 'Put Your Foot Down' walk Children All children attending the Event must be accompanied and supervised by an adult (parent or guardian) at all times. The participation of any child is conditional on the continuing satisfaction of this requirement and any child not accompanied and supervised by an adult will not be allowed to participate or continue in the Event. Under 16 years of age There are different rules for the use of this web site depending on whether you are over 16 or not. If you are under 16, 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 admin@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 Go Fundraise 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 admin@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 PanKind The Australian Pancreatic Cancer Foundation.
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.
Specifically, in relation to COVID-19 the registrant:
Agrees that PanKind or the local council or authority reserves the right to cancel the Event at any time due to COVID-19 and any advice from local. state of federal health authorities,
Will adhere to any and all COVID restrictions and requirements as directed by staff and volunteers of PanKind at the event,
In the event of cancellation due to COVID-19, an alternate date may be looked at to stage the event. If the Event is cancelled due to COVID-19 and alternate dates are unavailable, a full refund of the Event entry fee will be provided. Refunds will not be made for any additional items purchased, such as event merchandise or charitable donations provided to PanKind.