Terms & Conditions
Participation in a Redkite Physical Challenge
Redkite website terms and conditions
This page sets out the terms on which you may access and make use of our website (fundraise.redkite.org.au). Please read these terms and conditions carefully before you start to use the Site. By using the Site, you agree to these terms and conditions. If you do not fully agree to these terms and conditions, please do not use this Site.
- Using this Site
This website is owned and operated by The Malcolm Sargent Cancer Fund for Children in Australia ABN 65 104 710 787 trading as Redkite (“we”, “us” or “our”).
Your use of the website is governed by these terms and our [privacy notice].
In addition to these terms, there may also be specific or additional terms that apply to certain sections of our Site. Because those provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these terms and other specific or additional provisions, the specific or additional provisions apply.
- Ownership
All content on this website is owned or licensed by Redkite and Redkite reserves all rights in respect of that content. Redkite owns and is licensee of all intellectual property rights in the Site, and the material published on it, including text, graphics, videos, logos, icons, sound recordings and software. All such rights are reserved.
You can view the content using most web browsers and you can make a single copy for your own personal and non-commercial use. You must not otherwise copy, distribute, modify, or use any of the content except as permitted by law or with the prior written permission of Redkite. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. If you print off, copy or download any part of the Site in breach of these terms and conditions, your right to use the Site will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
By posting any information to or using this website you are confirming to us that you have the right to do so, and you license us to use content for any purpose now and in the future.
- User Conduct
You represent and warrant to us that you:
- Are solely responsible for all your activities on the (fundraise.redkite.org.au) Site also referred to as the Site;
- Have the legal capacity to enter these terms;
- Are 18 years or older. No person under the age of 18 may use (fundraise.redkite.org.au) to donate or fundraise without parental consent;
- Will keep all passwords, account names, log in identifiers required to access (fundraise.redkite.org.au) secure and confidential;
- Will not use (fundraise.redkite.org.au) in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way;
- Will not use the Site to misrepresent your identity or affiliation with any person or organisation;
- Will not use the Site to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter or use any part of our Site to send commercial messages in contradiction of the Spam Act 2003 (Cth);
- Will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site, any associated website or any other website;
- Will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice;
- Will not use any part of the Site which you are not authorised to use or devise ways to circumvent security in order to access part of the Site which you are not authorised to access. This includes, but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.
- Will not use or attempt to use the Site for any unlawful, criminal or negligent purpose. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, and injection of computer viruses and intentional invasion of privacy.
Redkite reserves the right to withdraw approval to fundraise should it be necessary to protect its reputation
- Liability
The information on this website is for general information only. It is not intended as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
While we strive to provide accurate and useful information, the content on our site is provided without any guarantees, conditions or warranties about its accuracy or fitness for any particular purposes. We and our directors, officers, employees, agents and contractors expressly disclaim all liability for any losses, damages, liabilities, claims and expenses, whether direct, indirect or consequential, arising out of our site or in connection with the use, inability to use, or results of the use of our site, any websites or other content linked to or from it and any materials posted on it.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Trade Practices Act 1974 in Australia, our liability for any breach of a condition or warranty that is implied by law and cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election):
- resupplying goods or services to you or supplying equivalent goods;
- repairing the goods; or
- paying the cost of having the goods or services resupplied or goods repaired.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Trade Practices Act or any other legislation which may not be excluded, restricted or modified by agreement.
4.1 Liability and Health
While participating in a challenge may have health benefits, Redkite provides no warranty whatsoever that this challenge will achieve an individual's health goals. The challenge has not been developed with any individual's particular health requirements in consideration.
Do not rely on the information provided in relation to a Redkite Physical Challenge as an alternative to medical advice from a doctor or other professional healthcare provider. If participants have any specific health or medical concerns, they should consult with their medical or healthcare provider, prior to changing their diet, nutrition or exercise regimen.
While Redkite has made every attempt to ensure that the information provided as part of a Redkite Physical Challenge has been obtained from reliable sources, Redkite is not responsible for any errors or omissions, or for the results obtained from the use of this information.
4.1.2 Risk Warning & Waiver
Participation in a Redkite Physical Challenge is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational activity and accidents can and do often occur which may result in personal injury, property damage or death. Prior to undertaking any such activity, you must ensure that you are aware of all the risks involved, including those risks associated with any health condition you may have.
By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in this challenge may involve risk and that you undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.
By agreeing to these terms and conditions, you agree that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) and (New South Wales) applies:
By agreeing to these terms and conditions, you agree that the liability of the event organisations in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) for any:
- death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease;
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to you or the community; or
- that may result in harm or disadvantage to you or the community, that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities;
- is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.
- Declaration
To proceed, you must have read and agreed to the terms and conditions of entry.
By registering for this event, I declare that I have read, understood, acknowledge, and agree to the terms and conditions of entry including the exclusion of implied terms, warning, assumption of risk, release, and indemnity. I agree that if my application is accepted, I will be bound by these terms and conditions.
