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Robert Connor Dawes Foundation

Terms and Conditions

TERMS OF ENTRY INTO THE 2020 GO GREY THE VIRTUAL WAY EVENTS

1. DEFINITIONS

The meanings of the terms used in these Terms and Conditions are set out below:

Virtual Event means the particular activity or activities that the Participant chooses to undertake at any time throughout the month of May, 2020 as part of Go Grey the Virtual Way Events.

Virtual Event Registration Fee means the registration fee payable by a Participant to participate in the Virtual Event.

Virtual Event Risks has the meaning set out in clause 10(b) below.

Virtual Event Terms means these Terms and Conditions.

Injury or Damage means any personal injury, damage to or loss of property, loss of income or any other kind of damage, injury or loss whatsoever.

On-line Registration Platform means a digital technology solution that allows Participants to register for the Virtual Event, and/or donate monies to The RCD Foundation.

Participant means a person registered to participate in the Virtual Event, and includes a person who registers for and on behalf of another Participant (whether or not that other Participant is a minor).

The RCD Foundation means The RCD Fund Pty Ltd (ACN 165 009 852) as Trustee of the Robert Connor Dawes Foundation (ABN 49 126 106 682).

2. INTERPRETATION

In these Terms and Conditions:

 (a) headings and bold type are for convenience only and do not affect the interpretation of these Terms and Conditions;

 (b) the singular includes the plural and the plural includes the singular;

 (c) words of any gender include all genders;

 (d) other parts of speech and grammatical forms of the word or phrase defined in these Terms and Conditions have a corresponding meaning;

 (e) an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency as well as an individual;

 (f) no provision of these Terms and Conditions shall be construed adversely to a party because that party was responsible for the preparation of these Terms and Conditions.

3. ENTRY INTO THE VIRTUAL EVENT

(a) Any person who wishes to be a Participant may apply to register to participate in the Virtual Event on the On-line Registration Platform.

(b) No registration is accepted, or is complete, until the Virtual Event Registration Fee is paid in full.

(c) If a minor wishes to be a Participant, his or her application to register must be made by his or her legal guardian, who shall also be deemed to be a Participant.

4.CONTRACTUAL ARRANGEMENTS

(a) By registering for the Virtual Event on the On-line Registration Platform, and to allow Participants to participate in the Virtual Event subject to the Virtual Event Terms, each Participant agrees to be bound by the Virtual Event Terms, and expressly acknowledges that he or she is entering into a legally binding and enforceable contract with the RCD Foundation which is governed by the Virtual Event Terms.

(b) When a person registers on behalf of another person (not being a minor), he or she warrants that he or she does so for and on behalf of that other person, and with his or her authority to enter into a contract with the RCD Foundation governed by the Virtual Event Terms. By participating in the Virtual Event, that other person acknowledges that he or she does so pursuant to a legally binding and enforceable contract with the RCD Foundation which is governed by the Virtual Event Terms.

(c) When a legal guardian registers a minor to participate in the Virtual Event, the legal guardian agrees and acknowledges that he or she does so in his or her capacity as the legal guardian of that minor, and subject to the Virtual Event Terms.

(d) Each Participant acknowledges and agrees that:

  1. the benefit of any promise or covenant made by him or her in the Virtual Event Terms to or in favour of the RCD Foundation’s affiliates, directors, officers, employees, agents or sub-contractors or the Virtual Event Officials, Virtual Event Staff is held by the RCD Foundation in trust for those affiliates, directors, officers, employees, agents or sub-contractors or those Virtual Event Officials, Virtual Event Staff (as the case may be); and
  2. those affiliates, directors, officers, employees, agents, sub-contractors, Virtual Event Officials, Virtual Event Staff may enforce that promise or covenant directly against that Virtual Event Participant.

 

5. NO REFUND OF EVENT REGISTRATION FEES

The Virtual Event Registration Fee paid by a Participant is not refundable under any circumstances, including the circumstance that, for whatever reason, the Virtual Event is cancelled, postponed or otherwise does not proceed.

6. PARTICIPANTS MUST ABIDE BY INSTRUCTIONS

Participants, in participating in the Virtual Event, must abide by all instructions given to them by Virtual Event Officials and Virtual Event Staff.

7. PARTICIPANTS MUST ABIDE BY ALL RELEVANT LAWS AND REGULATIONS

Participants, in participating in the Virtual Event, must abide by all laws, including but not limited to any Covid-19 laws, by-laws and/or regulations in place in May 2020 in the place where the Participant chooses to undertake any Virtual Event activities which restrict activities or the number of persons who may be involved together in any activities.

8. PARTICIPANTS MUST EXERCISE DUE AND REASONABLE CARE

Participants, in participating in the Virtual Event, must at all times exercise due and reasonable care toward:

(a) all other Participants in the Virtual Event; and

(b) Virtual Event Officials and Virtual Event Staff

9. REQUIRED BEHAVIOUR OF PARTICIPANTS

(a) Participants, in participating in the Virtual Event, must at all times be respectful of, and be courteous to:

  1. all other Participants in the Virtual Event;
  2. Virtual Event Officials and Virtual Event Staff; and
  3. any other members of the public.
  4. Participants, in participating in the Virtual Event, must not act or behave in any manner which is unlawful, threatening, offensive, abusive or disparaging toward other Participants in the Virtual Event, Virtual Event Officials, Virtual Event Staff, or any other members of the public.

10. VOLUNTARY ASSUMPTION OF VIRTUAL EVENT RISKS

Each Participant:

(a) agrees to participate in the Virtual Event at his or her own risk;

(b) acknowledges that there are risks associated with physical activity such as yoga, and cooking activities, including injuries and illness (including heart attack and stroke) and exacerbation of existing injuries and medical conditions (Virtual Event Risks);

(c) agrees that subject to clause 11(b) below, the RCD Foundation and its affiliates, directors, officers, employees, agents and sub-contractors and Virtual Event Officials and Virtual Event Staff are not responsible or liable for Virtual Event Risks if they materialise;

(d) agrees that he or she is solely responsible for determining whether he or she is physically capable of participating in the physical activity or activities they have chosen and sufficiently healthy to do so without risking injury or illness or exacerbation to any pre-existing medical condition.

11. LIMITATION ON CLAIMS BY PARTICIPANTS 

(a) Participants (including Participants acting in the capacity of legal guardians of Participants who are minors, and Participants who are minors) will have no right or entitlement to make any claim for compensation or damages (whether direct, indirect, special, incidental, consequential, punitive or exemplary or any other kind whatsoever) against the RCD Foundation or any of its affiliates, directors, officers, employees, agents or sub-contractors or against any Virtual Event Officials or Virtual Event Staff (and each Participant hereby expressly waives any such right or entitlement) in respect of any Injury or Damage suffered by a Participant which is caused directly or indirectly by his or her failure to comply with any of the Virtual Event Terms, and the RCD Foundation and its affiliates, directors, officers, employees, agents and sub-contractors and Virtual Event Officials and Virtual Event Staff will have no liability for or in respect of any such claim.

(b) The RCD Foundation and its affiliates, directors, officers, employees, agents and  sub-contractors, and Virtual Event Officials and Virtual Event Staff, will not be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever (including in respect of any Injury or Damage) resulting in any way from a Participant's participation in the Virtual Event, unless such damages resulted from the gross negligence of the RCD Foundation or its affiliates, directors, officers, employees, agents or sub-contractors or from the gross negligence of Virtual Event Officials or Virtual Event Staff.

12. INDEMNITY

Each Participant (including each Participant acting in the capacity of legal guardian of another Participant who is a minor) will indemnify and hold harmless:

(a) the RCD Foundation and any of its affiliates, directors, officers, employees, agents and sub-contractors; and

(b) Virtual Event Officials and Virtual Event Staff,

against any claim made by any other person in respect of any Injury or Damage suffered by that other person which was caused directly or indirectly by that Participant's failure to comply with any of the Virtual Event Terms.

13. EXCLUSION FROM VIRTUAL EVENT OF PARTICIPANTS 

The RCD Foundation has the right to exclude a Participant from participating, or continuing to participate, in the Virtual Event if in the opinion of the RCD Foundation or any of its directors, officers, employees, agents or sub-contractors, or of any Virtual Event Official or Virtual Event Staff, that Participant is not complying with any of the Virtual Event Terms.

14. SURVIVAL

Clauses 4, 5, 11 and 12 above survive any termination or expiry of these Virtual Event Terms as between the RCD Foundation and any Participant.

15. GOVERNING LAW

These Terms and Conditions are governed by the laws of the State of Victoria.

TERMS AND CONDITIONS OF USE OF SITE

These Terms and Conditions of the use of this digital platform (Site) govern your use of this Site.

If you are using this Site to register for the 2020 Go Grey the Virtual Way Events, these Terms and Conditions of Use of Site (Site Terms) must be read together with the Terms and Conditions of Entry into the 2020 Go Grey the Virtual Way (Virtual Event Terms), which can be viewed above.

The Virtual Event Terms set out the terms and conditions under which Participants (as defined in the Virtual Event Terms) participate in the 2020 Go Grey the Virtual Way Events. You should read the Virtual Event Terms before registering to participate in the 2020 Go Grey the Virtual Way Events. By registering on this Site to participate in the 2020 Go Grey the Virtual Way Events, you agree to be bound by the Virtual Event Terms, as well as these Site Terms.

 

ACCEPTANCE OF SITE TERMS, VIRTUAL EVENT TERMS, PRIVACY POLICY AND PERSONAL INFORMATION COLLECTION NOTICE

  1. This Site is operated by Engonet Pty Ltd (ABN 92 159 637 484) (trading as PIXO) for the RCD Fund Pty Ltd (ACN 165 009 852) as trustee of the Robert Connor Dawes Foundation (ABN 49 126 106 682) (the RCD Foundation). The use of this Site, and all services and online tools (the Platform) made available to donors, registrants and other users of this Site (Users, or You) is governed by these Site Terms. Your access and use of the Platform constitutes your agreement with, and acceptance of, these Site Terms, and if You do not accept these Site Terms, You may not use or continue to use this Platform.
  2. Further, your access to and use of the Platform to register for the 2020 Go Grey the Virtual Way Events constitutes your agreement with, and acceptance of, the Virtual Event Terms. By accepting these Site Terms, You are also acknowledging that you have read and understood, and agree to, the RCD Foundation’s Privacy Policy and our Personal Information Collection Notice, both of which are annexed to these Site Terms. Our Privacy Policy and Personal Information Collection Notice form part of these Site Terms. They set out (amongst other things) what Personal Information provided by You to the RCD Foundation through Your use of the Platform the RCD Foundation is entitled to collect, and how the RCD Foundation may use that Personal Information. When you provide Personal Information to the RCD Foundation through the Platform, You consent to the use of that Personal Information by the RCD Foundation for the purposes set out in our Privacy Policy.

PLATFORM

  1. This Platform allows you to register for the 2020 Go Grey the Virtual Way Events, and/or make donations to our charity.

CREDIT CARD PAYMENTS

  1. Any payment for registration fees, donations, purchases or other transactions made through the Platform by a User inserting the User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved, then the payment will be refunded unless it has already been credited to the relevant Beneficiary.
  2. In the event of unauthorised use of Your credit card, You must notify your card provider in accordance with its reporting rules and procedures.
  3. All transactions are in Australian Dollars. Transactions will appear on your credit card statement as Robert Connor Dawes Foundation.

ONLINE DONATIONS AND RECEIPTS

  1. The net proceeds of all monies donated to the RCD Foundation are used charitably at the discretion of the RCD Foundation’s Board of Directors, to support brain matters in areas of research, care and development. The various projects supported by the RCD Foundation from time to time are listed on the RCD Foundation’s website (www.rcdfoundation.org).
  2. The RCD Foundation is a Deductible Gift Recipient, and accordingly all donations made to the RCD Foundation are tax deductible.
  3. Donors will receive a tax receipt for any donation made. The receipt will be sent via the email address entered at the time of donation.

REGISTRATION FEES FOR THE 2020 GO GREY THE VIRTUAL WAY EVENTS

  1. Registrants will receive a receipt for registration fees. The receipt will be sent via the email address entered at the time of registration.

USER REGISTRATION

  1. You may use the Platform anonymously without registering.
  2. You may also register Your details to be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Site Terms and the RCD Foundation’s Privacy Policy and Personal Information Collection Notice.

PASSWORDS

  1. You must keep Your personal login information safe, private and secure at all times, including by:
  2. not allowing any other person to use Your login information or to hold themselves out as You;
  3. not disclosing Your login information to any other person by any means; and
  4. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

INDEMNITY FOR MISUSE OF YOUR LOGIN INFORMATION

  1. The RCD Foundation and its affiliates, directors, officers, employees and agents accept no liability for acts carried out by any person using Your personal login information, and You agree to indemnify the RCD Foundation and its affiliates, directors, officers, employees and agents from any costs, expenses or damage of any kind whatsoever paid or payable by any of them in connection with your breach of clause 13 above or any misuse of Your login information.

NO WARRANTIES

  1. To the extent permitted by law, this Platform, and the information and services provided on it, are provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including but not limited to those of title, merchantability, fitness for a particular purpose or non-infringement, and without any warranty arising from a course of dealing, usage or trade practice. No oral advice or written information provided by the RCD Foundation or its affiliates, directors, officers, employees or agents shall create a warranty; nor should Users of the site rely on any such information or advice.
  2. The RCD Foundation will make reasonable efforts to maintain the performance of the Platform and continue to deliver services to Users. However, the User acknowledges and agrees that the RCD Foundation cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet.
  3. The disclaimer of warranties in clauses 19 and 20 above replaces all other representations or warranties, whether statutory, express or implied, that may have been made by the RCD Foundation or be found in these Site Terms or in the relationship between the RCD Foundation and any User, and all such representations and warranties that may be excluded at law are excluded.

DISCLAIMER OF LIABILITY

  1. The User assumes all responsibility and risk for the use of the Platform and the information and services provided on the Platform, and the Internet generally. Under no circumstances, including negligence, shall the RCD Foundation or any of its affiliates, directors, officers, employees or agents be liable for any direct, indirect, incidental, special or consequential damages, or any lost profits, revenue, data, goodwill, business opportunity or bargain, that result from a User’s use of, or inability to use, the Platform and/or any other websites which are linked to the Platform, or from the information and services provided on the Platform. Nor shall the RCD Foundation or any of its affiliates, directors, officers, employees or agents be liable for any such damages including, but not limited to, reliance by a User on any information obtained via the Platform; or that results from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorised access. In States which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent permitted by law.
  2. The User indemnifies and holds the RCD Foundation and its affiliates, directors, officers, employees and agents harmless for any liabilities, claims, expenses or demands, including legal fees and costs made by any third party against any of them due to or arising out of or in connection with:
  3. the use or misuse of the Platform by the User;
  4. content uploaded by the User;
  5. any breach by the User of these Site Terms; or

BENEFIT OF COVENANTS IN FAVOUR OF THIRD PARTIES HELD IN TRUST BY THE RCD FOUNDATION FOR THOSE THIRD PARTIES

  1. The User acknowledges and agrees that the benefit of any promise or covenant made by the User to or in favour of the RCD Foundation’s affiliates, directors, officers, employees or agents (including the benefit of the indemnities given by the User in clauses 18 and 23 above in favour of those parties) is held by the RCD Foundation in trust for those affiliates, directors, officers, employees or agents (as the case may be), and that those affiliates, directors, officers, employees or agents may enforce that promise or covenant directly against that User.

ONLINE CONDUCT

  1. Users of the Platform agree to use it only for lawful purposes and are prohibited from posting on the Platform (including on any Personal Fundraising Page) any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including but not limited to any material which encourages conduct that would constitute a criminal offence, give rise to a civil liability or otherwise violate any applicable local, state, national or international law. This applies to any posting that could be termed as sexual harassment and/or discrimination.
  1. Additionally, You must not use the Platform to:
  2. send junk mail, sms or spam to people who do not wish to receive communications from You;
  3. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
  4. interfere with, or disrupt, the operation of the Platform or introduce any computer virus to the Platform.

DISCLAIMER OF ENDORSEMENT

  1. 2 Reference on the Platform to any products, services, hypertext link to third parties or other information by trade name, trade mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by the RCD Foundation or its affiliates, directors, officers, employees or agents. Nor is an endorsement of the RCD Foundation or its affiliates, directors, officers, employees or agents implied by such links.

 

INTERNET USAGE RISKS AND CREDIT CARD FRAUD

  1. 2 Users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a User’s transactions are being viewed, intercepted or modified by third parties or that files which the User downloads may contain computer viruses or other defects.
  2. The RCD Foundation and its affiliates, directors, officers, employees and agents accept no liability for any:
  3. credit card fraud perpetrated against a User as a result of any unauthorised viewing by a third party of a User’s credit card details entered by a User on the Platform; or
  4. interference with or damage to a User’s computer system, software or data occurring in connection with the Platform or its use.
  5. 3 Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected or downloaded from the Platform is free of viruses or other contamination that may interfere with or damage the User’s computer system, software or data.

RESTRICTIONS ON USE

  1. 3 The information on this Platform is protected by copyright. Except as expressly permitted by the RCD Foundation, Users must not reproduce, publish, adapt or communicate information on this Platform to the public. The RCD Foundation authorises Users to make a copy of the information on this Platform for personal use only.

GOVERNING LAW

  1. 3 The laws of Victoria and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

SURVIVAL

  1. 3 Clauses 5, 15, 18, 19, 20, 21, 22, 23, 24, 30 and 32 survive termination or expiry of these Site Terms as between the RCD Foundation and the User.

GENERAL

  1. 3 These Site Terms and the RCD Foundation’s Privacy Policy and Personal Information Collection Notice, together with the Event Terms (in so far as a User will be a Participant in the 2020 Go Grey the Virtual Way Events), constitute the entire understanding and agreement between the User and the RCD Foundation and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. 3 If any provision in these Site Terms is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.

 

PRIVACY POLICY

This Privacy Policy should be read as part of the Site Terms, and definitions used in the Site Terms apply also to this Privacy Policy.

The RCD Foundation recognises the importance of maintaining Your privacy to the extent it is able to do so, and is committed to complying with the Australian Privacy Principles contained in the Privacy Act 1988 and protecting the privacy of the Platform visitors and Users.

By visiting the Platform, registering for the 2020 Go Grey the Virtual Way Events, making a donation or transaction through the Platform or registering with the Platform, You are agreeing with the RCD Foundation to the practices and uses of Personal Information (as defined below) detailed in this Privacy Policy. Your continued use of the Platform constitutes Your acknowledgement and agreement with the terms of this Privacy Policy.

THE INFORMATION WE WILL COLLECT

The RCD Foundation will collect information from Users of the Platform that may enable those Users to be directly or indirectly identified (Personal Information).

Personal Information may include the name, email address, and the User’s credit card details.  This information will be used to:

  • register Users with the Platform and populate the Platform’s database;
  • register Users as Participants in the 2020Go Grey the Virtual Way Events;
  • facilitate and complete the payment of registration fees for participation in the 2020 Go Grey the Virtual Way Events;
  • facilitate and complete the payment of donations;
  • issue receipts to Users for payments made by them through the Platform;
  • provide information and updates about our activities and marketing to You (although a User may elect to opt out from receiving such information and updates from the RCD Foundation by expressly advising the RCD Foundation that it does not wish to have such information sent to him or her).

Users providing Personal Information through the Platform consent to the use of that information for the purposes set out above.

We will not use your Personal information for any purpose not identified in this Privacy Policy unless required by law to do so. Disclosure in accordance with the law may occur for the purposes set out in the Privacy Act 1988.

ACCESS AND CORRECTION  

Under the Privacy Act 1988, You have the right to:

  • seek access to your Personal Information held by the RCD Foundation;
  • ask us to update or correct your Personal information when it is inaccurate, incomplete or out of date;
  • opt out of receiving direct marketing communications from us.

If You wish to access the Personal information that the RCD Foundation holds about You, please set out Your request in writing, and forward this to our Privacy Officer, using the contact details set out at the end of this Privacy Policy. To provide You with access to Your Personal information held by us on our current records, the RCD Foundation can provide You with a copy of the relevant Personal Information. We will not charge You for the cost of providing this type of access to these current records.

If You are of the view that Personal Information about You is inaccurate or out of date, or if you have any other queries about access or correction, please contact our Privacy Officer using the contact details set out below.

COMPLAINTS

If You wish to make a complaint about how the RCD Foundation handles your Personal information, please contact us setting out Your complaint in writing and forward it to our Privacy Officer, using the contact details set out below. We will deal with all requests for access to Personal information or complaints as quickly as possible.

COOKIES

The Site uses some cookies. You can set your browser to reject cookies but some parts of the Site may not function properly if the cookies are rejected.

CONTACT DETAILS FOR OUR PRIVACY OFFICER

Post: The Privacy Officer, Robert Connor Dawes Foundation, 39 Royal Avenue Sandringham Victoria 3191.

Telephone: 0419311506

Email: liz@rcdfoundation.org

PERSONAL INFORMATION COLLECTION NOTICE 

This Personal Information Collection Notice should be read as part of the Site Terms, and definitions used in the Site Terms and in our Privacy Policy apply also to this Personal Information Collection Notice.

By completing various fields in the Platform, You are providing Personal information to the RCD Foundation.

We collect Your Personal information for the purposes set out in our Privacy Policy.

Your Personal Information is not provided to 3rd parties without your prior consent except in circumstances in which we are compelled by law to provide that information for the purposes of law enforcement.

Our Privacy Policy (set out above) contains information about how you may access Personal Information kept by us and seek correction of that information, as well as how to complain about a breach of the Australian Privacy Principles and how we will deal with any such complaint.

If you have any queries about your Personal information or our Privacy Policy please address them to our Privacy Officer, whose contact details are set out in our Privacy Policy.

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