1. How Information Gathered by Pancare Foundation is used
Pancare Foundation is committed to responsibly managing the information provided to Pancare Foundation by individuals and organisations in accordance with the Privacy Act 1988, Australian Privacy Principles (APPs), and the Privacy Amendment (Enhancing Privacy Protection) Act 2012. Pancare’s Privacy Policy outlines how Pancare Foundation complies with both Acts in managing the personal information it holds.
2. Participation in your event
You participate in your fundraising event at your own risk and subject to the Fundraising Guidelines. It is your responsibility to comply with all legal requirements relating to your fundraising event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event or activity. By participating in the event, you are accepting the terms of use for the site, the Fundraising Guidelines and our Privacy Policy and agree to comply with them. Once you have submitted your online application through Pancare’s Community Fundraising platform, you will receive a welcome email which acts as your authority to fundraise.
3. Parental consent for minors
It is a condition of use of this Website that any person under the age of 16 conducting a fundraising event or activity be appropriately supervised by an adult. Where a child is under the age of 12, he or she must only operate the Website under the direct supervision of a parent or carer. We may refuse access to the Website to any child under the age of 16 until we receive permission from their parent or guardian.
4. Use of Credit Cards and Refunds
You agree not to use an invalid or unauthorised credit card. Once a donation has been made, the transaction is final. Refunds will not be given except where unauthorised use of a payment card can be proved. If you become aware of a fraudulent use of your card, or it becomes lost or stolen, you must notify your card issuer.
5. Using Material on this Website
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 Pancare Foundation unless indicated otherwise. Except for the limited use set out in 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.
Aside from the above restrictions on use of the material on the Website, if you do not remove any copyright and trademark notices contained on the material, you may download material from the Website for your personal non-commercial use.
6. Code of Conduct
Pancare Foundation is guided in all its activities by a commitment to the principles of high ethical standards including how this Website can be used. Pancare Foundation expects all users of this Website to agree not to use this website to:
Upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or is otherwise offensive
Harm minors in any way
Impersonate any person or entity, including, but not limited to, staff members and volunteers of Pancare Foundation and their affiliates
Collect or store personal data about other users of this Website that is of a personal nature
Upload, post, email, transmit or otherwise make available any unsolicited material or advertising, including, but not limited to junk mail, surveys, pyramid schemes and chain letters.
7. Uploading information to this Website
You signify and certify in relation to any material and/or information you provide to the Website that:
you are authorised to provide the material and/or information
the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation
the material and/or information is not a ‘passing off’ of any product or service and does not constitute unfair competition
the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright
the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia, the Australian Competition and Consumer Law, state and territory Fair Trading Acts and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this material or information.
8. Licence to use Intellectual Property
By uploading any material which is intellectual property including, but not limited to, copyrighted works, trademarks and service marks (the intellectual property) on to the Website, you are granting Pancare Foundation a perpetual, non-exclusive and payment-free licence throughout the world to:
reproduce, use and exploit the intellectual property, as part of the Website, to the full extent per- mitted by intellectual property law in any jurisdiction in which the Website is available to users, and sublicense others to do so
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
allow Pancare Foundation to sub-licence others the same rights granted to Pancare Foundation in (dot point 1) above.
9. Removal of Information
Pancare Foundation may remove any material and/or information on this Website, including but not limited to links to other sites, at any time without giving any explanation or justification.
Pancare Foundation always retains the right, 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
Suspend your access to the Website and its services without notice to you if you fail to comply with these Terms of Use.
10. Indemnity
You will at all times indemnify and keep indemnified Pancare Foundation and its employees, contractors and executive board members (in this clause referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Use by you; and publication of or distribution of the material and/or information supplied by you.
11. Disclaimer
Pancare Foundation and its employees shall have no liability for any costs, losses or damages of any kind, which you may incur, arising either directly or indirectly from your access and use of the Website or the conduct of your fundraising activity.
Without limiting the generality of this clause, this applies in relation to or in connection with any material and/or information supplied in respect of advertising and information provided on this Website and as a consequence of removing any material and/or information from this Website.
To the full extent permitted by law, Pancare Foundation disclaims any and all warranties and guarantees, expressed or implied:
regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
regarding the merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked site
that the Website, or its server are free of software viruses, the operation of the Website will be un- interrupted or error free
Pancare Foundation is not liable to you for defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Pancare Foundation, its employees or independent contractors, or through any other cause.
12. Governing Law
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 Victoria, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of Victoria and any court hearing appeals from those courts.
13. Pandemic and Infectious Disease Health Management
As part of the event 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 the event as part of a group, as the team captain, 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 attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event.