Date of last revision: 3rd July 2024
1. Introduction
A. Black Dog Institute (ABN 12 115 954 197) (We, Us, Our, BDI) is not-for-profit medical research institute that is hosting the One Foot Forward challenge throughout October 2024 to raise vital funds to support BDI. This is a free virtual fitness and fundraising challenge to walk or run your own kilometre target that will take place from 12:01am on Sunday 1 October 2024 to 11:59pm on Tuesday 31 October 2024 (AEDT) (the Event).
B. These Terms and Conditions (Terms) govern:
- your participation in, and fundraising for, the Event;
- your use of the One Foot Forward Website found at https://www.onefootforward.org.au/ (Website); and
- if applicable, your use of the One Foot Forward mobile application (App),
(together, our Services).
2. Summary of Key Terms
These Terms are an important legal document. We encourage you to read the Terms in its entirety. However, we have summarised below some important terms we wanted to make you aware of. Capitalised terms used here have the meanings given to them in the Terms.
You must meet the eligibility requirements to register for the Event and use our Services (clause 4)
You must beat least 18 years old to participate in the Event and use our Services. If you are under 18 years old, you must submit a completed Parental Consent Form to BDI
You understand that Event participation involves inherent risks (clause 3)
Participation in the Event and any associated training (such as running and walking) may involve certain inherent risks of physical or mental injury or even death as a result of factors outside the control of BDI, including natural conditions, extreme weather and uneven terrain.
Your responsibility to ensure you are sufficiently fit and healthy (clause 3.3)
It is your responsibility to ensure that you are sufficiently fit, of good physical and mental health and capable of participating in the Event (without causing harm to yourself or others) and it is your responsibility to seek any and all required medical advice, recommendations and clearances prior to and during participating in the Event. You confirm that: (a) you are (and, at the time of the Event, will be) in good health and proper physical and mental condition to participate in the Event; (b) you have not been advised by a qualified medical person that You should not participate in the Event; and (c) you am otherwise not aware of any medical or other matter which would render it unsafe for me to take part in the Event.
We have no liability to you for certain injuries that result from our failure to comply with any consumer guarantees relating to the supply of services (clause 3.4)
You acknowledge that participation in the Event may constitute a “recreational service” as defined in the Competition and Consumer Act 2010 (Cth) (Act) and to the maximum extent permitted by law, you agree that BDI has no liability, for your death, personal or mental injury or any aggravation of a disease or injury arising out of the failure of BDI to comply with any consumer guarantees relating to the supply of services under that Act.
We may use or re-publish and use any User Generated Content that you share within our Website or App (clause 10)
If you post videos, photos, comments or other content for display or use within the App or Website (User Generated Content), we may use, copy, modify, distribute, publish, communicate to the public or otherwise deal with the User Generated Content (and any intellectual property rights in such User Generated Content). This means you should only share User Generated Content you are comfortable with us using and re-publishing (for example on our social media posts).
Liability is capped (clause 16)
Subject always to Your Statutory Rights and your liability under 16.4 (your indemnity obligations), unless otherwise excluded under these Terms each party’s total maximum liability in contract, tort (including negligence), statute or otherwise, is limited to one thousand Australian dollars (AUD $1,000).
Be accountable and responsible (clause 16)
You must not share your Account password, post content which is derogatory or does not belong to you on the App and Website as this could cause BDI significant loss. You agree to compensate us for certain important losses relating to your use of our Services under clause 16.4.
You must enable device location tracking if you want the App to automatically track your steps (clause 8)
You can enable the App to automatically track your steps when it is open. If you enable this feature, you are giving BDI permission to track and collect your location data for this purpose. You can disable this at any time. If this feature is disabled, you can still manually record your distance travelled during the Event on our App or Website.
3. Risk notice
3.1 You acknowledge that participation in the Event and any associated training may involve certain inherent risks of physical or mental injury or even death from various causes, including the actions, omissions or negligence of others. This includes walking and running: (a) on roads and uneven, steep or rocky surfaces, (b) at night by torch light in the open natural environment, and (c) under various weather conditions for which BDI has no control over. You acknowledge that you are aware of the hazards involved and engage in the Event at your own risk.
3.2 You acknowledge participation in the Event in a public place where people are present also increases my risk of exposure to and contraction of communicable disease(s), including but not limited to COVID-19.
3.3 You acknowledge that it is your responsibility to ensure that you are sufficiently fit, of good physical and mental health and capable of participating in the Event (without causing harm to yourself or others) and it is your responsibility to seek any and all required medical advice, recommendations and clearances prior to and during participating in the Event. You confirm that: (a) you are (and, at the time of the Event, will be) in good health and proper physical and mental condition to participate in the Event; (b) you have not been advised by a qualified medical person that You should not participate in the Event; and (c) you am otherwise not aware of any medical or other matter which would render it unsafe for me to take part in the Event (together, the Medical Requirements).
3.4 Under the Australian Consumer Laws in the Competition and Consumer Act 2010 (Cth), we are permitted to exclude certain liabilities when providing a recreational service. You acknowledge that your participation in the Event may constitute a “recreational service” as defined in the Competition and Consumer Act 2010 (Cth). To the maximum extent permitted by law, you agree that BDI has no the liability, for your death, personal or mental injury or any aggravation of a disease or injury arising out of the failure of BDI, its employees or volunteers to comply with any consumer guarantees relating to the supply of services under that Act.
3.5 You further acknowledge that you have been advised by BDI of the risks associated with participation in the Event and to the extent permitted by law, you have voluntarily agreed to those risks.
4. Eligibility and registration
4.1 To participate in the Event, you must:
4.1.1 be at least 18 years old. If you are under 18 years old, you must obtain parental consent to participate in the Event by way of submitting a Parental Consent Form to BDI;
4.1.2 register to participate in the Event via our Website or App; and
4.1.3 meet the Medical Requirements in clause 3.3.
4.2 When you register for the Event, you will be prompted to create an account to manage your fundraising profile (Account). You can use your Account to record and track your fundraising progress and the distance you have walked or run during the Event.
4.3 By registering, you commit to raise funds for the benefit of BDI during the Event and you are deemed to have accepted these Terms.
4.4 You can stop accessing our Services at anytime during the Event. Please note, subject to clause 10, your Account will remain active unless you request us to remove it. Any funds you have raised via your Account will be donated to BDI. Any data or personal information we have collected about you, or your use of our Services, will be retained and/or destroyed in accordance with our Privacy Policy, relevant privacy collection statements we provide to you and applicable laws.
5. Authority to fundraise
8.1 By registering for an Account and participating in the Event, we are providing you authority to fundraise on behalf of BDI and you agree to conduct your fundraising activities in accordance with our authority to fundraise and our Fundraising Guidelines.
8.2 Any fundraising activity undertaken by a third party to raise funds for BDI will be conducted by that individual or group/committee and is the sole responsibility of the person/s undertaking that fundraising.
8.3 BDI reserves the right to refuse approval of any proposed fundraising activity deemed to be unacceptable or non-aligned with the BDI brand.
8.4 BDI is not responsible for any expenses incurred by you in undertaking your fundraising activities. The person/parties authorised to fundraise are responsible for payment of all expenses in relation to the agreed fundraising activity.
8.5 BDI is unable to secure raffle or auction prizes for your fundraising activity.
8.6 We do not provide public liability insurance for fundraising events organised by a third party. Organisers will need to take out their own public liability insurance.
8.7 We accept no responsibility for any accidents or incidents that occur during the organisation or running of your fundraising activity. You indemnify Us with any insurance you obtain in relation to your activity.
8.8 It is the responsibility of the person/parties undertaking the fundraising activity to gain any licences or approvals which may be necessary to operate their fundraising activity from relevant local and state authorities (e.g. councils).
8.9 Any person/party who undertakes a fundraising activity on behalf of a registered charity without authorisation by that charity is acting outside of the law and can be prosecuted.
8.10 We reserve the right to refuse, or cancel at any time, the granting of an authority to fundraise if we believe it is not in the best interests of the individual, the community or BDI.
6. Donations
9.1 Donations made to BDI of $2 or over are eligible for a tax-deductible receipt.
9.2 A tax-deductible receipt will be issued automatically via email for all eligible donations made to BDI made directly to a registered fundraising profile. If you want a tax-deductible receipt, you must make your donation through a registered online fundraising page.
9.3 If you have not received a receipt, please contact BDI directly using the details in clause 18.
The net proceedings raised through the Event will be used to assist BDI with its operational costs and to fund its mission, including to provide mental health advocacy, research, support and information.
7. Prizing and Rewards
10.1 If you reach your milestone fundraising targets, as outlined below, you will be eligible to receive rewards:
(a) Raise $120 – Exclusive One Foot Forward T-Shirt
(b) Raise $385 – Exclusive One Foot Forward Pack (One Foot Forward Hat and Tote Bag)
10.2 Reward recipients will be notified via a triggered email when they are eligible to claim a reward and are required to complete a claim form provided by BDI to claim their prize. All physical rewards will be delivered to the address provided by winners in the claim form.
10.3 If a prize/reward includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher and are subject to any terms and conditions imposed by the voucher supplier. Once awarded, BDI is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way. Vouchers cannot be exchanged or refunded for cash.
8. App Specific Terms
11.1 You acknowledge that, in order to use the App, you will need to download the App from the app store of a third party provider such as Google or Apple. These Terms do not apply to any products or services provided by such third party provider. You should contact the relevant third party directly if you are having issues downloading the App from their app store. Apple and Google (and their respective subsidiaries) are third-party beneficiaries of these Terms. As such, once you accept these Terms, Apple or Google (as the case may be) have the right to enforce these Terms against you.
11.2 In the event that you download the App from Google Play Store, you acknowledge and agree that separate terms and conditions may apply directly between you and Google in respect of your use of their products and services.
11.3 If You download the App from Apple’s App Store, to the extent that such terms are not already incorporated into these Terms, You acknowledge and agree that the minimum terms, as may be updated from time to time, set out in Apple’s ‘Instructions for Minimum Terms of Developer’s End-User Licence Agreement’ are incorporated into these Terms. You can find such terms at the following link: https://www.apple.com/legal/internet-services/itunes/dev/minterms/.
11.4 By downloading or using the App or Services, you are agreeing to these Terms. If you do not agree to these Terms, you must immediately delete the App and cease accessing or using the Services.
11.5 Subject to your compliance with these Terms, BDI grants to you a personal, limited, revocable, non-exclusive, non-sublicensable and non-transferrable licence to:
8.1.1 download and install the App on a mobile device that you own in accordance with the rules of the relevant App Store; and
8.1.2 use the Services,
for your personal use only.
11.6 You may use the App to automatically track your step. To do this, you must enable this location tracking feature via the App. If you enable this feature, you are giving BDI permission to collect your location data to assist you to track your steps while the App is open. If this feature is disabled, you can still manually record the distance you have travelled during the Event on our App or Website.
11.7 You may end your access to the App at any time by deleting the instance of the App from your device. Ending your access in this way will restrict your ability to access the App and you may need to login again with us and/or download the App again if you change your mind. Any data or personal information we have collected about you, or your use of the App or Services will be retained and/or destroyed in accordance with our Privacy Policy, relevant privacy collection statements we provide to you and applicable laws.
9. Privacy and security
9.1 If you use our Services, or otherwise sign-up to receive emails and/or newsletters regarding our services, fill in a ‘contact us’ form or submit a review on the App, we will need to collect your personal information.
9.2 You acknowledge that the collection, use, disclosure and handling of personal information is as set out in relevant privacy collection notices we have provided to you. Further information about the way we handle your personal information is set out in our Privacy Policy.
9.3 You confirm that all information you provide to us, including any personal details, will be complete, true and correct. You must promptly notify and/or update your information if any of the information you have provided us is incorrect or needs to be updated.
9.4 You acknowledge that the internet is an inherently insecure communication medium, and your use of the Services is at your own cost and risk. You must take your own precautions to ensure that the process which you employ for accessing the Services do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or device. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the App and the Website.
9.5 If you register for an Account, you must keep all such security-based information secure and private at all times. If your username, password or other security-based information is lost or stolen, you must notify BDI in writing and take any reasonable steps we advise you to take to mitigate the adverse impact of the lost or stolen security-based information at the earliest possible opportunity.
10. Termination
10.1 We may immediately suspend or terminate your access to your Account, in whole or in part at any time and by providing written notice (including via App or Website notifications) where:
10.1.1 you breach any of these Terms;
10.1.2 you use our Services in a dishonest or fraudulent manner;
10.1.3 we have ceased to provide the App or the Website, in whole or in part (as a result of usage, costs and other factors, we may decide it is not in our legitimate business interests to continue making the App and Website available in whole or in part);
10.1.4 our business or contractual relationships with any third parties require us to do so; or
10.1.5 we consider that you have done something that is detrimental to our business interests or reputation or those of any third parties.
10.2 Except where required by an applicable law and subject always to Your Statutory Rights, you acknowledge that BDI or any third party, will not have any liability to you for any reason whatsoever arising from any suspension or termination of your access to your Account.
10.3 Termination pursuant to this clause will not affect any rights or remedies BDI may otherwise have under these Terms or at law.
11. Updates and changes to functionality
11.1 We may make any update to the App or Website or change or remove functionality from time to time if we determine, in our absolute discretion, it is in our legitimate business interest to do so (for example, based on usage, costs and other factors it may not be in our legitimate business interests to make certain parts of the App or the Website available in whole or in part to you). We may also make updates for other reasons such as fixing bugs or enhancing functionality. If we make any material or significant updates or change or remove key functionality, we will provide you written notice of the changes (for example with notifications via the App, email or posting a notice on our website).
11.2 Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.
11.3 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities if you do not keep the App updated to the latest version that BDI makes available.
11.4 The functionality of our Services may differ depending on your App settings, including if you decide to link your Account to other supported apps, such as Garmin and Fitbit.
12. Intellectual property and Content
12.1 Subject to clause 12.4, the entire contents and design subsisting in, relating to or arising out our Services including but not limited to copyright, logos, trademarks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (together the Content) are the intellectual property of BDI, our content providers or our licensors, with all rights reserved.
12.2 You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. You must not reproduce, frame, transmit (including broadcast), adapt, link to or otherwise use any of the Content, except as expressly permitted by law or with BDI’s prior written consent.
12.3 When you send us any feedback or suggestions in relation to our Services, you agree that we can use any ideas, concepts, or techniques contained in the feedback or suggestions.
12.4 You may, from time to time, post videos, photos, comments or other content for display or use within the App or Website (User Generated Content). If you choose to post any User Generated Content:
12.4.1 you must own or have obtained the necessary intellectual property rights in the User Generated Content to post it on the App or Website (e.g. by obtaining permission of copyright owners if necessary or by obtaining permission of all persons who are identifiable in photos (including parental consent if the subject is under the age of 18), and by obtaining permission to use personal information of third parties);
12.4.2 you acknowledge and agree that any name or profile image you choose to use for your Account may be visible to other users of the Services;
12.4.3 it must comply with the requirements set out in clause 13.2;
12.4.4 you grant BDI and its affiliates an irrevocable, non-exclusive, transferrable, worldwide, royalty-free and sub-licensable license to use and reproduce your User Generated Content for any purpose, including marketing, promotional and other business purposes, including on BDI’s social media accounts and its website.
12.5 In the event that any third-party claims that our Services, or your use of our Services infringes the intellectual property rights of such third party, BDI will be solely responsible for any investigation, defence, settlement or discharge of any intellectual property infringement claim.
13. Acceptable Use
13.1 You must only use the Service in a reasonable manner, consistent with these Terms and our Privacy Policy, as well as ordinary community standards of behaviour and decency and any other guidelines and policies that we may make available to you from time to time. Under no circumstances may the Services be used for any illegal purpose, in violation of any applicable laws or regulations, or in a manner likely to cause offence to a reasonable person.
13.2 You must not use the Services, including by posting any User Generated Content, for any purpose which we consider to be unacceptable. Examples of unacceptable behaviour include use of the Service which:
13.2.1 is or may reasonably be contrary to the best interests of the BDI community, including its affiliates, members or employees;
13.2.2 would cause you or us to be in breach of any law, code, or regulation;
13.2.3 would misrepresent your or another person’s true identity or related information;
13.2.4 involves accessing the personal information of a person other than a person linked to your account;
13.2.5 attempts to obtain a benefit or other financial advantage which you are not entitled to;
13.2.6 depicts or promotes offensive or illegal behaviour, is offensive or promotes discrimination, racism, bigotry, hatred or physical harm;
13.2.7 would deceive, harass or threaten any other person;
13.2.8 violates the privacy or confidentiality of any person;
13.2.9 involves compromising the security of any computer system or data storage system;
13.2.10 contains, provides or creates computer viruses or corrupts systems, facilities or data;
13.2.11 alters or modifies the operation of the Services in any way;
13.2.12 uses any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or
13.2.13 frames, scrapes, data-mines, extracts or collects the content of the App or Services in any form or manner.
13.3 You represent and warrant to BDI that you are not located in, and will not use the App or the Services in, a country that is subject to an embargo by the government of Australia, or that has been designated by Australia as a “terrorist supporting” country, “prohibited” country or “restricted” country.
13.4 If you breach these Terms, or we suspect on reasonable grounds that you have breached these Terms or used the Services for any unacceptable purpose, you acknowledge and agree that we may immediately:
13.4.1 delete, modify or otherwise use any User Generated Content; and
13.4.2 suspend or terminate your access to, or participation in, the Services.
13.5 Notwithstanding clause 13.4, BDI does not vet any individuals participating in the Event (including their personal history background or background).
14. Medical and Exercise
14.1 Using the Services to track your fitness activity may involve the risk of injury to you, whether caused by you or another person. Risks may include major or minor injuries, disability or death. To the extent permitted by law, you agree that BDI and its affiliates, and their officers, directors, employees, volunteers, agents, representatives and contractors will not be liable to you for any injury including personal, bodily or mental injury or any other loss or damage to you or any other person resulting from or related to your use of our Services for recording or tracking your physical activity.
14.2 The Services are intended to provide general information only. It is not in the nature of clinical advice. While every effort is taken to ensure the information is accurate, we do not represent or warrant that this information is correct, current, complete, reliable or suitable for any purpose and it must not be relied on by you or any other person as a substitute for appropriate advice tailored to your specific circumstances (such as clinical advice for your circumstances).
15. Disclaimer
15.1 While we take reasonable steps to ensure the availability and security of the Services, you accept that the Services are provided on an “as is” basis. We do not warrant that the Services will be continuously available, and we will not be liable if the Services or any part of the Services is unavailable at any time or for any reason.
15.2 We do not warrant that the Services will be error, defect, ‘bug’ or ‘virus’ free and make no representations, warranties or undertakings with respect to the Services, including as to currency, accuracy or completeness. Without limiting any other provisions of these Terms and to the maximum extent permissible by law, we are not liable to you for any kind of loss or damage incurred as a result of your use of our Services, including any viruses or other malicious software that may affect you while you use the App or Website or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the App or Website.
15.3 The App is not a storage service and you agree that we have no obligation to store, maintain or provide you with a copy of any User Generated Content that you provide, except to the extent required by applicable law or as provided in our Privacy Policy.
15.4 The App and Website are intended to help you track and record your fitness activity. It does not provide clinical advice, nor is it intended to be used for the diagnosis, monitoring, treatment, alleviation of or compensation for injury or disability. If you are concerned about a specific condition or injury, or are seeking clinical advice, please consult your health professional.
15.5 The information available via the Services is provided on the basis that all persons accessing the Services undertake responsibility for assessing the relevance and accuracy of its content.
16. Limitation of Liability and Indemnity
16.1 Nothing in these Terms are intended to exclude, restrict or modify any condition, guarantee, warranty, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law or any other applicable legislation which may not be excluded, restricted or modified by agreement (Your Statutory Rights). Under the Australian Consumer Laws in the Competition and Consumer Act 2010 (Cth), we are permitted to exclude certain liabilities when providing a recreational service which we have done so in clause 3.4.
16.2 To the maximum extent permitted by law, neither party will be responsible to the other party or any third party for any special, indirect, consequential, incidental or punitive damages, or for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
16.3 To the maximum extent permitted by applicable laws (including Your Statutory Rights) and except for your indemnity obligations under clause 16.4 and unless liability is otherwise excluded under these Terms, each party’s total liability in contract, tort (including negligence), statute or otherwise, is limited in aggregate for all claims to one thousand Australian dollars (AUD $1,000).
16.4 Subject to Your Statutory Rights, you indemnify and hold harmless BDI and each of our related bodies corporate (and their officers, employees and representatives) (each an Indemnified Party) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by an Indemnified Party in connection with:
(a) your breach of clause 9 (privacy and security), 12 (intellectual property and content) and 13 (acceptable use);
(a) or any violation by you of any laws or the rights of any person, including intellectual property rights,
your liability under this clause is reduced to the extent that BDI or any of their related bodies corporate (and their officers, employees and representatives), directly contributed to the loss.
17. General
17.1 Entire Agreement: These Terms, together with any additional terms and conditions set out on the App or the Services from time to time, constitute the entire agreement relating to its subject matter and supersedes and extinguish any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.
17.2 Force majeure: We will not be in breach of these Terms or otherwise liable to you or any other person for any unavailability or failure of the App or the Services or any delay or other failure by us to comply with these Terms that is caused by or arises from any event or circumstances beyond our control.
17.3 Rights cumulative: The rights, powers, privileges and remedies provided under any provision of these Terms are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms or by applicable law or otherwise.
17.4 Waiver: No failure to exercise nor any delay in exercising by us of any right, power, privilege or remedy under these Terms shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.
17.5 Invalidity: If any clause or provision of these Terms is determined to be illegal, invalid or unenforceable for any reason, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms without affecting the enforceability of all remaining clauses and provisions.
17.6 Interpretation: In these Terms, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms.
17.7 Governing Law: These Terms and your use of the App and the Services are governed by the laws of the State of New South Wales and Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of that State. You may access our Services in Australia and overseas, however BDI makes no representation that the App, Services or Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for ensuring that your access to the Services is not illegal or prohibited by laws which apply to you.
18. Contact us
If you have any questions about our Terms or any queries or concerns about our Services, please contact us at onefootforward@blackdog.org.au.
