terms and conditions
This website is provided by Fight Cancer Foundation for the purposes of participating and or donating to Fight Cancer Foundation via Footy Colours Day events.
“Footy Colours Day” and “FCD” means Footy Colours Day events and fundraising activities associated with those events, whether organised by Fight Cancer Foundation or any other person.
“Website” means www.footycoloursday.com.au.
Participation Terms and Conditions
Participation in your event
All participants in FCD must accept these terms and conditions (“Terms and Conditions”) prior to their participation in FCD. 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.
Risk Notice
You understand and agree that you participate in FCD at your own risk.
It is your responsibility to comply with all legal requirements relating to your FCD fundraising event. You understand that Fight Cancer Foundation 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 FCD 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 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 Fight Cancer Foundation and all FCD 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 FCD 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 Fight Cancer Foundation’s Liability
To the maximum extent permitted by law:
- you fully and irrevocably exclude and release Fight Cancer Foundation and all FCD 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 FCD, 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 Fight Cancer Foundation or FCD 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 Fight Cancer Foundation nor any FCD 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 FCD; 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, Fight Cancer Foundation’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.
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 Fight Cancer Foundation publications, or on social media sites or websites in the future. You agree that Fight Cancer Foundation 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 Fight Cancer Foundation in such content on social media, you consent to the following:
- Fight Cancer Foundation has permission to use, distribute, modify, display, and create derivative works from the Images in promotional collateral and on Fight Cancer Foundation 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.
- where you, or any of the subjects appearing in the Images, are identified or identifiable in the Images, you give Fight Cancer Foundation permission to identify you and the other subjects by name.
- you are not entitled to any remuneration or compensation from Fight Cancer Foundation for the Images.
You confirm that:
- 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 Fight Cancer Foundation or the Event in on social media; and
- you have the permission or consent of all persons who are captured and identifiable in the Images you provide to Fight Cancer Foundation (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 Fight Cancer Foundation or the Event websites may be crawled and stored by web services such as search engines, social media platforms, or archiving tools. Fight Cancer Foundation 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 Fight Cancer Foundation, 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, Fight Cancer Foundation’s liability for such warranty or guarantee is limited, at Fight Cancer Foundation’s option, to supplying the information or materials again or paying the cost of having the information or materials supplied again.
Removal of Information
Fight Cancer Foundation 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.
Fight Cancer Foundation 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 Fight Cancer Foundation has no responsibility. Fight Cancer Foundation does not control or monitor other sites and these links should not be taken as an endorsement or a recommendation by Fight Cancer Foundation 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 Fight Cancer Foundation 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 Fight Cancer Foundation’s prior written consent, except by educational institutions for educational purposes, or for personal and non-commercial uses.
Content is not to be reproduced for use on a web page or with any online service or application without permission of footycoloursday@fightcancer.org.au
