This website is provided by Cancer Council Australia for the purposes of participating and or donating to Cancer Council via Australia’s Biggest Morning Tea events.
“Cancer Council”, “we”, “us” or “our” means Cancer Council Australia and the Cancer Council in the State or Territory in which you are participating in the fundraising activity. Full details of Cancer Council Australia and its State and Territory members are available here.
“Australia’s Biggest Morning Tea” and “ABMT” means Australia’s Biggest Morning Tea events and fundraising activities associated with those events, whether organised by Cancer Council or any other person.
“Website” means www.biggestmorningtea.com.au.
Participation in your event
Thank you for applying to be part of Australia’s Biggest Morning Tea 2024 (the Event). All references to the Event in these terms is a reference to all other activities associated with the Event, whether they are held before, during, or after the Event. By participating in the Event you are accepting these Terms and Conditions, the Fundraising Guidelines, the Privacy Collection Statement relevant to your state or territory of residence, and any other document provided to you by Cancer Council, and you agree to comply with them. By registering on behalf of someone else, you undertake to inform them of these Terms and Conditions.
If you are under the age of 18, you must ensure that these Terms and Conditions are accepted by your parent or guardian on your behalf. Where relevant these Terms and Conditions will also apply to donors and supporters of participants.
The Event Period is the period in which any fundraising activity associated with the event takes place, including participation in the Event itself.
Cancer Council reserves the right, in its absolute discretion, to accept or refuse any applications for entry into the Event and disqualify entries if it considers such action to be appropriate. We may change these Terms and Conditions from time to time. Any update to these Terms and Conditions will be published on the Event website.
Participation in fundraising events by children under 15 years (NSW )
To participate in the Event, children under 15 years of age must:
- a) be at least 8 years of age at the time of registration
- b) have the explicit consent of their parent or guardian to participate at the time of registration
- c) be accompanied/supervised by their parent or guardian (the Supervisor) during the Event Period and any associated fundraising activities
- d) only participate
- for less than 4 hours on a school day;
- for less than 6 hours on a non-school day;
- up to 8:30pm on a non-school day when the following day is a school day;
- no more than to five days in a week;
- after 6.30am or sunrise, whichever is the later; and
- up until sunset or 6pm, whichever is the earlier.
The Supervisor must ensure that during the Event Period:
- a) they maintain ongoing contact and proximity to the child appropriate to the child’s age;
- b) the child is provided with appropriate food and water or other nutritious drink;
- c) the child is adequately clothed and protected for the weather conditions;
- d) the child does not enter a private dwelling if soliciting door-to-door;
- e) the child does not solicit from a person in a motor vehicle; and
- f) they accompany the child home after the Event, unless the child is more than 12 years or age
Participation - Queensland residents only
By setting your fundraising target to $5000+ & finalising your registration, you agree and understand that you will need to comply with any additional requirements notified by Cancer Council Queensland from time to time as part of your campaign registration. This may include the requirement to provide a budget including your expenses, an acquittal of your income and expenses after you complete your fundraising, and any additional information about your event that we request.
Risk Notice
You understand and agree that you participate in the Event at your own risk.
It is your responsibility to comply with all legal requirements relating to the Event. You understand that Cancer Council has not obtained any personal accident insurance or any other insurance covering your participation in the Event and you are responsible for obtaining your own insurance coverage as you consider appropriate for your fundraising event.
You assume all risk to both you and your property during the Event.
Release and Indemnity
You fully and irrevocably exclude and release Cancer Council and all Event sponsors, as well as their directors, officers, employees, volunteers, agents, and representatives, from all liability for any loss, damage, cost, or expense (whether in negligence, contract, under statute or otherwise) suffered by you as a consequence of:
- your involvement in the Event, including in relation to death and personal injury
- in connection with or in respect of any breach of these Terms and Conditions; and
- in connection with the publication or distribution of any material or information, you supply to us (as defined in the Media Consent and Provision of Materials clause below).
If any claim, including in relation to personal injury, property damage or wrongful death arising from your participation in the Event is commenced, you agree to indemnify and hold harmless Cancer Council and all the Event sponsors, as well as their directors, officers, employees, volunteers, agents, and representatives, from any and all loss, damage, cost, or expense in connection with such claim. Your liability under this indemnity is reduced to the extent that the loss or damage arises out the gross negligence, fraud, criminal conduct or wilful misconduct of Cancer Council, or its directors, officers, employees, volunteers, agents and representatives.
Exclusion of Cancer Council's Liability
You understand and agree that, to the maximum extent permitted by Commonwealth and state laws:
- you fully and irrevocably exclude and release Cancer Council and all Event sponsors and organisers, as well as their directors, officers, employees, volunteers, agents and representatives, from all liability for any harm, loss, damage, cost or expense (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) to the extent caused by your failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort,(including negligence), in contract, under statute or otherwise suffered by you as a consequence of your involvement in the Event;
- all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cancer Council or Event sponsors or organisers (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
- neither Cancer Council nor any Event sponsor or organiser (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to you, or any other person in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct, indirect or consequential losses, damages, costs and expenses) (Loss) suffered or incurred by you, or any other person in connection with the Event, except to the extent the Loss is caused by Cancer Council’s reckless conduct (as that term is defined in the Competition and Consumer Act 2010 (Cth) (CCA)) or any malicious, criminal or fraudulent acts ; and
- in any circumstances where the above exclusions (or any of them) are held by a court to be ineffective or unenforceable for any reason whatsoever, Cancer Council's liability to you and to any other person is limited (at its option) to resupplying, repairing or replacing the service to you or the payment of the cost of supplying the service to you again.
You understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any Event sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) excludes all liability in connection with the supply of recreational services for:
- death;
- physical or mental injury;
- the aggravation, acceleration, or recurrence of a physical or mental injury;
- the contraction, aggravation, or acceleration of a disease; and
- 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 in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Cancer Council or any event sponsor (or any of their directors, officers, employees, volunteers, agents, and representatives) to comply with a guarantee in sections 60-62 of the ACL.
This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Cancer Council or any Event sponsor.
Credit Cards and Refunds
You agree not to use an unauthorised or invalid credit card to make payments on this website.
Subject to your rights under the Australian Consumer Law, if you make a donation to Cancer Council, the transaction is final, and no refunds will be provided except where unauthorised use can be proven. If you become aware of a fraudulent use of your card, or if it becomes lost or stolen, you must notify your card issuer immediately.
Public Health
You agree to adhere to all public health rules and regulations notified to you by your local, state or federal Government, other regulatory body, Event organiser or the Event venue.
Photographic Consent
You acknowledge that in the course of the Event, photographs, images, or film may be taken of you, either alone or in group shots with others. You agree to the use of your image in these photographs, images, or film in Cancer Council publications, or on social media sites or websites in the future. You agree that Cancer Council may use your name in conjunction with any photographs or images of you. You also agree that the photographs or film may be used by third party media organisations in connection with the publicity and reporting of the Event or future ABMT events, publicly.
If you share, post, or upload photos or videos (Images) to the Event website or other websites or social media sites associated with the Event, or tag or link Cancer Council in such content on social media:
- you consent to the following:
- Cancer Council has permission to use, distribute, modify, display, and create derivative works from the Images in promotional collateral and on Cancer Council websites, social media sites, publications, and on any other medium now or in the future in perpetuity. You waive any right to review or approve any uses of the Images;
- where you, or any of the subjects appearing in the Images, are identified or identifiable in the Images, you give Cancer Council permission to identify you and the other subjects by name;
- you agree the Images may be also be used by Cancer Council Australia and other State and Territory Cancer Councils that are members of Cancer Council Australia (Cancer Council Affiliates); and
- you are not entitled to any remuneration or compensation from Cancer Council or the Cancer Council Affiliates for the Images.
- You confirm that:
- you are the creator and the copyright owner of any Images you share, post, or upload to the Event website or any other websites or social media sites associated with the Event , or tag Cancer Council or the Event in on social media; and
- you have the permission or consent of all persons who are captured and identifiable in the Images you provide to Cancer Council (including parental consent if the subject is under the age of 16).
- You understand that any content and Images that you share, post, or upload on Cancer Council or the Event websites may be crawled and stored by web services such as search engines, social media platforms, or archiving tools. Cancer Council is not responsible for removing information stored by third parties.
Website Usage Terms and Conditions
Use of the Website
This website is provided "as is", and we give no express warranties of any kind relating in any way to the website, including (i) warranties as to merchantability or fitness for a particular purpose; or (ii) a warranty that your access to or use of the website will be uninterrupted or error free, or that the website (including its content), or any emails received from Cancer Council, will be free from viruses (and, to this end, you should protect your software and systems by installing and implementing your own virus, security and system checks). Your use of this website and the information on it is at your own risk. To the fullest extent permitted by law, we do not accept any liability for any reliance placed on the information (including information which is not correct, complete or up to date or suitable for any particular purpose). If any warranty or guarantee cannot by law be excluded, then, to the extent permitted by law, Cancer Council’s liability for such warranty or guarantee is limited, at Cancer Council’s option, to supplying the information or materials again or paying the cost of having the information or materials supplied again.
Removal of Information
Cancer Council may remove any material and/or information included on the Website, including but not limited to links to other sites, at any time without giving any explanation or justification.
Cancer Council retains the right at all times, 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; and
- suspend your access to the Website and its services without notice to you if you fail to comply with these Terms of Use.
Other websites
This website may contain links to other websites. Please note that when you click on one of these links, you are entering another website for which Cancer Council has no responsibility. Cancer Council does not control or monitor other sites and these links should not be taken as an endorsement or a recommendation by Cancer Council of those other sites or their content. We encourage you to read the terms and conditions on all such websites as their policies may be different than ours.
Copyright/use of content
Works of authorship contained on this website, including but not limited to all design, text and images, are owned or licensed by Cancer Council Australia and/or its member organisations. They may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Cancer Council Australia's prior written consent, except by educational institutions for educational purposes, or for personal and non-commercial uses.
When used for personal or educational purposes, Cancer Council Australia has no objection to the reproduction of content or material provided that the following criteria apply:
- Content is used one time only, in a non-commercial educational setting (one written report, one oral report, or one day of educational display is allowed by for a single presentation).
- Material can only be branded Cancer Council and an acknowledgment to Cancer Council, including the weblink www.cancer.org.au, must be prominently displayed.
- No exclusivity is claimed in relation to provision the content.
- Content is not altered, placed out of context, linked to, reused, further reproduced, or distributed.
- Content is not to be reproduced for use on a web page or with any online service or application without permission of info@biggestmorningtea.com.au
