Terms and Conditions (Fund Raiser / Event Participant)
Introduction
Welcome to the terms and conditions applicable to persons wishing to raise funds
for charity by participating in a Yoga Aid Challenge Event (Event) and by
using the fundraising services of the Yoga Aid website (www.yogaaid.com).
These terms and conditions govern your participation in the Event and your access
to and use of the fundraising services of the Website.
Please read and consider these terms and conditions carefully. You will need to
agree to all of these terms and conditions to participate in the Event and use the
fundraising services of the Website.
The Website is owned and operated by an Australian proprietary limited company called
Yoga Aid Pty Ltd (ABN 61 130 318 919) (Yoga Aid). The terms "we",
"us" and "our" refer to Yoga Aid and the terms "you"
and "your" refer to any prospective Event participant and user of the
fundraising services of the website who accepts these terms and conditions.
You (and if you are under 18 years of age, your parent or guardian on your behalf)
acknowledge that by clicking on the "I accept" button, you are agreeing
to be legally bound by these terms and conditions and you are immediately entering
into a binding and enforceable contract with us in relation to your participation
in the Event, your access to and use of the fundraising services of the Website,
and any other matter dealt with in these terms and conditions.
Terms and Conditions
1. Parental supervision and consent
1.1 Any person under 18 years of age who would like to participate in
the Event and use the fundraising services of the Website must:
(a) be authorised to do so by a parent or guardian;
(b) be adequately supervised by a parent or guardian; and
(c) obtain the written permission of a parent or guardian before
participating or attempting to participate in any Event or using or attempting to
use the fundraising services of the Website, in the form of the document located
at [insert link] (Parental Consent).
1.2 Yoga Aid will only activate your fundraising page once we have received
a completed Parental Consent. Please send the completed Parental Consent to:
Yoga Aid Pty Ltd
Parental Consent
PO Box 460,
Newport NSW 2106
Alternatively, you may fax the completed Parental Consent to:
(02) 8324 6406
Attention: Parental Consent
1.3 You must be 13 years of age or older to use the fundraising services
of the Website.
2. Use of the Website
2.1 The content of the Website is subject to change without notice.
2.2 Yoga Aid reserves the right to modify, suspend or discontinue all
or any part of the Website at any time without notifying you.
2.3 You must not use the Website in a manner that causes, or may cause,
the Website or access to the Website to be interrupted, impaired or damaged in any
way.
2.4 You must not upload onto the Website and material or content that
is obscene, defamatory, racist, pornographic or otherwise offensive, or that contravenes
any law or regulation or is otherwise unlawful.
2.5 You must not upload onto the Website and material or content that
infringes the intellectual property rights of a third party or any right or duty
owed to a third party.
2.6 Yoga Aid reserve the right to remove any material from any page
of the Website without notifying the person or entity who uploaded the material
to the Website.
2.7 You must not use the Website to send junk or spam emails.
2.8 You must not access or attempt to access any part of the Website
which you are not authorised to access.
2.9 You must not use or attempt to use the Website in a manner or for
a purpose that contravenes a law or regulation or is otherwise unlawful.
2.10 You must not use the Website to make
any false or misleading statements or to misrepresent your identity or affiliation
with any person or organisation.
2.11 You must not receive wages or commission
or other material benefit from using the fundraising services of the Website.
3. Event attendee liability waiver
3.1 To be eligible to participate in the Event you must have been examined
by a licensed medical practitioner (Practitioner) prior to the Event and
be found by the Practitioner to be able to safely undertake unrestricted vigorous
stretching and unrestricted yoga exercise.
3.2 You acknowledge and accept that your participation in the Event
involves a risk of serious injury to yourself, including permanent paralysis or
death. You voluntarily and knowingly acknowledge, accept and assume this risk.
3.3 You warrant that, to the best of your knowledge, you are physically
fit and able to perform unrestricted vigorous stretching and unrestricted yoga exercise
without risking serious injury, including permanent paralysis or death.
3.4 You must follow all instructions given to you by Yoga Aid or any
of its servants, employees, or agents or any instructors, personnel or volunteers
associated with the Event as to when, where, how and how not, to perform the yoga
exercises.
3.5 You acknowledge and accept that neither Yoga Aid nor any of its
servants, employees, or agents or any instructors, personnel or volunteers associated
with the Event shall be responsible or liable or be deemed to be responsible or
liable (whether in contract or in tort or under any statute whatsoever) for any
injury, illness or other mishap arising out of, in connection with, or in respect
of, your participation in the Event.
3.6 You shall at all times release and indemnify Yoga Aid, its servants,
employees and agents and any instructors, personnel or volunteers associated with
the Event from and against any loss or liability incurred by Yoga Aid or its servants,
employees or agents or any instructors, personnel or volunteers associated with
the Event arising from any claim, demand, suit, action or proceeding by any person
against Yoga Aid, its servants, employees or agents or any instructors, personnel
or volunteers associated with the Event where such loss or liability arose out of,
in connection with, or in respect of, your participation in the Event.
3.7 You acknowledge and accept that you are to receive instruction in
yoga exercises and theory only. Yoga Aid and its servants, employees and agents,
and any instructors, personnel or volunteers associated with the Event are not liable
for, nor will they provide, any advice, training or medical assistance other than
in the form of yoga exercises.
3.8 By registering for the Event with Yoga Aid you give permission for
your photograph and video image to be used for media purposes in connection with
the Event and any future Yoga Aid Challenge Events. You waive any claim or right
to inspect any photographs or video images or any advertising or promotional copies
that may be used in conjunction therewith.
4. Charity Partners
4.1 Yoga Aid has in place contractual arrangements with a number of
charities authorising us
to collect donations on the Website on their behalf.
4.2 Yoga Aid cannot collect donations on behalf of a charity organisation
without the written permission of the charity organisation.
4.3 Charity organisations often have similar names. You must confirm
that your nominated Charity Partner is your intended recipient organisation.
4.4 Yoga Aid is not responsible for the actions of its Charity Partners,
nor for how they use the donations they receive through the fundraising services
of the Website.
4.5 Yoga Aid does not represent or warrant that a Charity Partner is
constituted or operating lawfully or that any donation raised on behalf of a Charity
Partner through the fundraising services of the Website will be used by the Charity
Partner in a particular manner or be applied by the Charity Partner to a specific
project or appeal.
4.6 Yoga Aid is unable to address any complaint you may wish to make
in relation to the use of donated funds by your nominated Charity Partner. Any such
complaint must be made directly to the relevant Charity Partner and will be governed
by the relevant Charity Partner's complaints procedure.
5. Collection of information and Privacy Policy
5.1 When you create a fundraising page on the Website, we request you
provide details such as your name, email address, a password, your date of birth
and your sex. Our use of this information is governed by our Privacy Policy. By
agreeing to these terms and conditions you consent to the information you provide
being used in accordance with the terms of our Privacy Policy and you warrant that
you have read and understood the Yoga Aid Privacy Policy which can be accessed at
www.yogaaid.com/PrivacyPolicy.aspx.
6. Relationship with donors
6.1 Unlike many online donation websites, Yoga Aid does not charge its
own agency fee for providing the fundraising services of the Website to event participants
/ fundraisers, donors and our Charity Partners.
6.2 However, banks, financial institutions, credit card issuers and
transaction facilitators (Third Parties) impose fees and charges on us. These
fees vary but are typically a 2% credit card processing fee and a transaction fee
of $0.50 per transaction. These fees and charges are subject to change at any time.
6.3 Yoga Aid will deduct any fees and charges imposed by Third Parties
from donations and pay them to the relevant Third Parties.
6.4 For example, if a donation of $100 is made via Mastercard to a Charity
Partner:
Donation made $100.00
Credit card processing fee (2%) $2.00
Financial institution transaction fee $0.50
Total fees and charges $2.50
Charge for Yoga Aid service $0.00
Amount Charity Partner receives $97.50
% of donation Charity Partner receives 97.5%
6.5 In respect of the use of credit cards, security of payments and
refunds, you warrant that you have read and understood the terms and conditions
applicable to donors and located at [insert link].
7. Intellectual property
7.1 You must not use any material on the Website without the express
written permission of the holder of the intellectual property rights to that material.
8. Links to other websites
8.1 The Website may contain links to other websites.
8.2 You acknowledge and accept that Yoga Aid does not control any external
websites which may be accessed via a link on the Website.
8.3 You acknowledge and accept that the obligations of Yoga Aid under
these terms and conditions do not apply once a link on the Website has been used
to access another website.
9. Disclaimer and no liability
9.1 To the full extent permitted by law, Yoga Aid:
(a) makes no representation and gives no warranty or undertaking
as to the accuracy, reliability, completeness, fitness for purpose or suitability
of the information located on the Website or any other information;
(b) does not accept any responsibility for any error in, or inaccuracy
in, or unsuitability of, or omission from, the Website or any other information
(whether negligent or otherwise); and
(c) is not liable (whether in negligence or otherwise) for any
loss or claim arising as a result of you acting or refraining from acting on any
recommendation or on the basis of any information located on the Website or any
other information,
and, in any case you warrant that you have not in any way relied on the information
located on the Website or any other information and have made your own enquiries
about all such information.
10. Breach of terms and conditions
10.1 You shall at all times release and
indemnify Yoga Aid, its servants, employees and agents from and against any loss
or liability incurred by Yoga Aid arising from any claim, demand, suit, action or
proceeding by any person against Yoga Aid, its servants, employees and agents where
such loss or liability arose out of, in connection with, or in respect of, a breach
by you of these terms and conditions.
10.2 In the event that you fail to comply
with these terms and conditions, Yoga Aid reserves the right to immediately, or
at any later stage, suspend your access to all or any part of the Website and the
fundraising services of the Website without notifying you.
10.3 Yoga Aid does not accept responsibility
or liability for a breach by Yoga Aid of these terms and conditions in circumstances
where the breach results from events or circumstances beyond Yoga Aid's control.
11. Other
11.1 Your use of the Website, these terms
and conditions and the contractual relationship
between you and Yoga Aid and any dispute in connection with these matters
is governed by the laws of New South Wales, Australia and you submit to the jurisdiction
of the courts of that State and of any court that may hear appeals from any
of those courts, for any proceedings in connection with these matters.
11.2 Any provision of these terms and
conditions which is unenforceable or partly unenforceable is, where possible, to
be severed to the extent necessary to make the remaining terms and conditions enforceable,
unless this would materially change the intended effect of the terms and conditions.
11.3 These terms and conditions may be
modified by us at any time and such modification shall be effective immediately
upon web posting of the modified terms and conditions. Your continued use of the
Website shall be deemed to be your conclusive acceptance of the modified terms and
conditions.
11.4 These terms and conditions contain
the entire agreement between you and Yoga Aid in respect of your participation in
the Event and your access to and use of the Website. Any previous understanding,
agreement, representation or warranty relating to that subject matter is replaced
by these terms and conditions and has no further effect.