Terms & Conditions

Terms and Conditions

1. ACON Privacy Policy

ACON is bound by, and also complies with the Privacy Act 1988 and the Australian Privacy Principles (APPs), the Health Records and Information Privacy Act 2002 and ACON’s own Privacy Policy.

ACON and/or people authorised by it may gather and process the information:

1. which you may provide when accessing the Website, such as your name, address, email address and other personal information;
2. posted by you on the Website; and
3. regarding the way in which you use the Website including, without limitation, information acquired through the use of cookies programmed during the accessing of the Website.

For further information about any matter relating to privacy please refer to the ACON Privacy Policy here.

2. Your Fundraising Activity/Event

You participate in your fundraising event at your own risk and subject to the Terms and Conditions of participation. 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.

3. Use of Material on the Website

Unless indicated otherwise 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 ACON. Except for the limited use set out the following paragraph, you may not reproduce, distribute, retransmit, upload, repost 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.

Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

4. Uploading Information

You represent and warrant in relation to any material and/or information you provide to the Website that:

1. you are authorised to provide the material and/or information;
2. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
3. the material and/or information is not a 'passing off' of any product or service and does not constitute unfair competition;
4. 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; and
5. the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Australian Competition and Consumer Law, and the Fair Trading Act 1987 (NSW) and equivalent state and territory legislation 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 Website.

5. Conduct

You agree not to use this Website to:

1. Upload, post, email, transmit or otherwise make available any material that is abusive, harassing, obscene, defamatory or is otherwise offensive;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, staff members and volunteers of ACON and their affiliates;
4. Collect or store personal data about other users of this Website that is of a personal nature;
5. 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.

6. 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 ACON a perpetual, non-exclusive and payment-free licence throughout the world to:

1. reproduce, use and exploit the intellectual property, as part of 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;
2. 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;
3. allow ACON to sub-licence others the same rights granted to ACON in (a) above.

7. Removal of Information

In relation to any material and/or information included on the Website, ACON may remove any material and/or information, including but not limited to links to other sites, at any time without giving any explanation or justification.

ACON retains the right at all times, and at its sole discretion, to:

1. Monitor, retain or disclose any information on the Website when necessary to satisfy any applicable regulations or legal process;
2. 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;
3. Suspend your access to the Website and its services without notice to you if you fail to comply with these Terms of Use.

8. Disclaimer

ACON and its respective officers, employees and agents 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, ACON disclaims any and all warranties and guarantees, express or implied:

1. regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
2. 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 sites.
3. that the Website, or its server are free of software viruses, the operation of the Website will be uninterrupted or error free, or that errors and defects will be corrected.

ACON is not liable to you for defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of ACON, its employees or independent contractors, or through any other cause.

9. Limitation of liability

The disclaimer in clauses 8 to 10 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities or implied consumer guarantees are not permitted by law. To the full extent permitted by law, ACON’s liability for any implied warranty or condition or consumer guarantee is limited, at the choice of ACON, to one or more of the following:

1. If the breach of an implied warranty or condition relates to services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
2. If the breach of an implied warranty or condition relates to goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of such goods; or

• the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

10. Indemnity

You will at all times indemnify and keep indemnified ACON and its respective officers, employees, servants and agents (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 ACON or 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; publication of or distribution of the material and/or information supplied by you; and any breach of any fundraising laws or other relevant acts of legislation.

11. Governing Law and Jurisdiction

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 New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.