Terms & Conditions
Can Too Foundation Challenge Terms and Conditions
CONDITIONS OF ENTRY FOR ALL CAN TOO FOUNDATION CHALLENGES
Organiser means the organiser of the Challenge, Can Too Foundation Limited ABN 53169310696.
Provider means any party providing the activities and services involved in the Challenge.
Sponsor means any party providing financial support to the Organiser.
Challenge means all activities and services organised by the Provider as part of the trip, including but not limited to the travel, accommodation, food, drink and organised activities during the trip.
Released Persons means the Sponsor(s) and the Organiser and their related bodies corporate.
I agree to accept, without limitation or amendment, the Terms and Conditions of the Provider as they pertain to the Challenge. I understand and acknowledge that I am contracting with the Provider in relation to this challenge in relation to all aspects of the challenge, including but not limited to payment terms and goods and services provided during the challenge.
In consideration of the Organiser endeavouring to provide assistance to me in registering for one or more Challenges and as a condition of the acceptance of my entry for each and every Challenge I register or participate in, I (with the intent of binding my heirs, executors, administrators and assigns) waive, release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) which I might have against any of the Released Persons for or arising out of loss of my life, injury, damage or loss of any description to myself or my property which I may suffer or sustain as a result of my participation in any Challenge including without limitation incorrect or insufficient advice.
The risks of my participating in the Challenge include, but are not limited to: exposure to and contact with natural or man-made features, water, adverse weather conditions, ascending or descending inclines; the nature of activities involved in the Challenge; hypothermia and/or heat exhaustion; stings or bites by insects or animals; accidents during vehicle travel; the condition or suitability of equipment used by myself and by others in the Challenge; exposure to other persons or vehicles where the Challenge is conducted; and the actions and inactions of other participants, spectators, Organiser’s personnel, Provider’s personnel and supporting agencies.
I agree to accept full responsibility to inform myself and assess all the dangers, hazards and risks of participating in the Challenge and rely solely on my own assessment of these dangers, hazards and risks before participating in the Challenge and notwithstanding any decision thereon made by any Released Persons or other persons corporations and bodies involved in promoting or organising the Challenge. The decision to participate is entirely my own and I accept all risks associated with participation in the Challenge, including but not limited to loss of life and/or any injury including without limitation any permanent injury.
I understand that participating in the Challenge involves a physically taxing and stressful activity which carries the risk of personal injury and damage to myself and to others and I am aware of and have considered those risks.
I am aware that there may be other risks involved which have not been set out above, including but not limited to my physical or mental condition at the time the Challenge is held, which can result in possible injury, incapacitation, loss, damage or even death to myself.
I agree to abide by the rules and conditions of entry and participation in the Challenge, including those relating to Health and Safety practices and procedures issued or communicated to me before or during the Challenge, and I agree and accept that the Organiser and/or the Provider may, at its absolute discretion, at any time and from time to time vary the rules and regulations of the Challenge and without prior notice to me.
I represent and warrant that – as a condition of participating in the Challenge, I am participating in the Challenge at my own risk having considered the possible consequences of so doing, and I declare that I have trained and prepared sufficiently to participate in the Challenge. I am not aware of any illness, injury, physical disability or impairment which may cause me injury or death during or as a consequence of participating in any Challenge. I undertake to withdraw and not to participate in or complete any Challenge or any individual part of it should I not have adequately trained or prepared myself sufficiently for the Challenge or such individual part. I certify that I am 18 years of age or older at the date that I signed this document and I have read and understood the contents of this document.
I agree to indemnify and keep indemnified the Released Persons against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements whatsoever (including without limitation for negligence, breach of contract and/or breach of statute) arising out of, in connection with, or in relation to my participation in any Challenge or in providing any assistance to me. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases and indemnities in this document continue forever and bind my heirs, executors, personal representatives and assigns.
This waiver release and discharge shall operate jointly and severally in favour of the Released Persons and their related bodies corporate, and their respective directors, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for any Challenge, Challenge stakeholders, the owners, licensees and occupiers of land upon which any Challenge or any part of it is conducted, any statutory body or local authority having control over any land upon which the Challenge or any part of it is conducted, Challenge sponsors, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling any Challenge.
I grant full permission to the Released Persons and the Organiser to use any photographs, videotapes, motion pictures, recordings or any other records of this Challenge (including depictions of myself) for promotional or marketing purposes and agree to waive any compensation for any such use.
I agree:
- that my entry may be rejected or cancelled at any time at the discretion of the Organiser and/or Provider, even though I have paid the entry fee for the Program;
- that the contract for provision of goods and services for this challenge is between me and the Provider and that payment terms and conditions are determined by the Provider;
- that the Organiser/Provider in its absolute discretion reserves the right to change, modify postpone, or cancel any Challenge or part of the Challenge; to release to the fullest extent permitted by law, each of the Released Persons;
- that this document does not and is not intended to in any way reduce or release any liability the Released Persons may have by virtue of any law (including without limitation the Consumer and Competition Act 2010) which may not be excluded or modified and the provisions of this document are to be read and construed subject to such non-excludable provisions;
- that these conditions will operate separately in favour of all of the Released Persons and all other corporations and bodies involved or otherwise engaged in promoting or staging the Challenge and the servants, agents, representatives, volunteers and officers of any of them;
- to raise the amount of my fundraising pledge as advertised and agreed during my registration for the Challenge, and
- that Can Too may close my fundraising account 30 days after the Challenge. If I am not able to meet my agreed fundraising commitment by the closing date, then I agree to personally contribute sufficient funds to achieve my pledge. I acknowledge that an invoice for any outstanding funds will be issued to me as an individual.
Registration Terms and Conditions
Persons entering a Can Too Challenge must agree to the following:
I attest that I am physically fit prior to undertaking the Challenge.
During the Challenge I agree to abide by the reasonable directions of Can Too personnel, Provider personnel, Team Captain and Mentors and to take care and consideration of others on the Challenge.
During the Challenge, I agree to abide by all Health and Safety Practices and Procedures issued or communicated to me any stage before or during the Challenge.
I consent to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered discretion of Challenge Provider medical officials in the event of any injury accident or illness to me during my participation in the Challenge.
I consent to the Organiser/Provider notifying other parties of my COVD-19 symptoms or test results at their absolute discretion.
Refund Policy
I acknowledge that I may not be entitled to any refund of my Registration Fee, deposit or package costs and will abide by the Refund Policy at https://www.cantoo.org.au/policies and the relevant section of the Provider Terms and Conditions, whichever takes precedence, as determined by the Organiser.
Withdrawal Policy and Fundraising
Can Too Foundation commits to annual funding of cancer researchers and Challenges are run on the basis of fundraising commitments being met in full. However, we understand the disappointment that follows injury and other medical circumstances. To keep our Challenges fair and transparent, if you need to withdraw due to injury you will need to provide a copy of signed advice from a qualified health professional (doctor, physiotherapist, podiatrist, etc) indicating that you are no longer able to complete the program.
I acknowledge that I may still be expected to fundraise if I withdraw from the Challenge and will abide by the Withdrawal Policy at https://www.cantoo.org.au/policies.
Copyright
The content on the site such as such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and other materials ("Contents") is protected by copyright unless otherwise stated on this Site. Except as stated herein, the Content may not be used except as permitted in these Terms and Conditions or as stated in the text on the site.
The Contents must not be copied, reproduced, distributed, transmitted, republished, downloaded, displayed, modified, reused, or transmitted in any form or by any means without the written permission of Can Too Foundation Limited, ABN 53169310696 or its licensors.
The Contents displayed on the Site is either the property of, or used with permission by Can Too Foundation Limited. Any unauthorised use of the Contents may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may not, without Can Too Foundation Limited’s written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Can Too Foundation Limited reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Use of this and other Websites
The use of the Site or Contents is at your own risk. The Contents in this Site are provided “as is” and without warranties of any kind either express or implied, and to the fullest extent permissible pursuant to applicable law. Can Too Foundation Limited, ABN 53169310696 disclaims all warranties of merchantability or fitness for a particular purpose. Can Too Foundation Limited makes no warranties or representations as to its accuracy, reliability, correctness or completeness regarding the use of or the result of the use of the Contents in this site and Can Too specifically disclaims any liability or responsibility for any errors or omissions in the Contents of the Site. Can Too nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, revenue or profit arising out of your access to, or use of, or inability to use or access, the Site.
You agree to defend, indemnify, and hold Can Too, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms and Conditions.
Can Too is not responsible for the accuracy of any hyperlinks, content, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Site. Your linking to any other site is entirely at your own risk. While Can Too may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content on the site. Can Too disclaims all warranties, express and implied, as to the accuracy, validity, legality and otherwise of the materials or information contained on such sites.
Can Too Foundation Limited Security Policy
Can Too Foundation Limited uses PayPal and the eWAY Payment Gateway for its online credit card transactions. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response
- Your complete credit card number cannot be viewed by Can Too Foundation Limited or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Can Too Foundation Limited.
For more information about eWAY and to read the additional terms and conditions applicable to your use of eWay, please visit www.eWAY.com.au
Please refer to the Provider for details of their security policy applicable to transactions conducted directly with them.
