General Terms And Conditions

Best Friends Walk: DEFINITIONS

“Content” refers to photos, blogs and other information uploaded to the Participant’s profile page on the Website.

“Donor” means any individual or entity making any donation towards the Event, either by donating to a participant directly or donating to PetRescue Ltd directly on a Participant's behalf.

“Event” means Best Friends' Walk, a physical walking challenge during September 2024 in which Participants set their own personal distance and fundraising target.

“Organiser” means PetRescue Ltd and includes, where appropriate, its employees, agents, contractors and officers.

“Participant” refers to the person(s), pet(s), team(s) and anyone else who has become eligible to enter or register for the Event.

“Website” means https://bestfriendswalk.com.au/

GENERAL EVENT-RELATED TERMS AND CONDITIONS

Donors and Participants consent to their information being collected, disclosed, used and stored in accordance with the Organiser’s Privacy Policy, which can be found at https://www.petrescue.com.au/privacy.
Donors and Participants consent to having their information used to contact them regarding anything Event-related, whether before or after the Event has occurred. By making a donation, participating in or registering for the Event, they automatically accept all terms and conditions, Event-related or otherwise.
Donors and Participants acknowledge and agree that the Organiser may, at its absolute discretion and without notice, reason or consent:
(a) vary all or any terms and conditions

(b) decide where donations are directed

(c) refuse a registration application or seek verification of participation requirements

(d) unconditionally and irrevocably use any comments obtained from a Donor or Participant, their name and/or likeness and any photos or recordings of them for the Organiser’s future promotional and marketing purposes without further reference or compensation to them and grant the Organiser a worldwide, perpetual, royalty-free, exclusive and irrevocable licence to use these items for whatever purpose it determines and consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as defined in Part IX of the Copyright Act 1968 (Cth)

(e) delete any Content posted by a Participant that the Organiser determines violates someone else’s right, is hateful, threatening, pornographic, violent, inappropriate, offensive, abusive or otherwise violates the law.
The Donors and Participants acknowledge that the funds raised will go directly to the Organiser, who maintains sole discretion and control over how the funds raised will be used.
Participants acknowledge and agree that the Event may involve inherent risks of harm, injury or death associated with physical activity or exertion. Some non-exhaustive examples of risks are slippery or uneven surfaces, other trip hazards, effects of temperature, dehydration, broken bones and any other injuries. Participants acknowledge and agree that the Organiser is not liable in any way whatsoever, howsoever arising for any injury or risk to Participants or their pets associated with the Event.
Participants who register and/or participate in the Event confirm they have adequately prepared for the Event, including consulting their medical practitioner and being aware of any risk or injury that occur specifically to them as a result of entering the Event and agree that they have no recourse to hold the Organiser liable for any risk or injury that occurs. The Event Participant, therefore, voluntarily accepts all risks associated with the Event and understands that the Organiser does not hold any insurance related to the Participants participation in the Event.
Participants will be offered prizes and rewards for achieving various fundraising goals. Details of the prizes and rewards, including any applicable terms and conditions, can be found on the Website.
All intellectual property rights in the Website and the content provided on it (including information, logos, trademarks, design, text, images, and statistics) are owned or licenced by the Organiser and may not be used without the Organiser’s consent.
All promotional material, advertisements, media materials and press releases to be used by a Participant in relation to their participation in the Event must be submitted to the Organiser for written approval before public distribution or circulation.
If the Event cannot be run as planned for any reason, the Organiser reserves the right to take any action that may be available to it, including cancelling, modifying or suspending the Event.
The Organiser reserves the right to disqualify Participants from participating in the Event if they:
(a) breach, or are reasonably suspected of breaching, these or other terms and conditions; or

(b) engage any unlawful or improper conduct which jeopardises, or is likely to jeopardise, the fair or proper conduct of the Event.
The Organiser’s decisions regarding all aspects of the Event are final and binding on each Participant, and no correspondence will be entered into.
If any clause of these terms and conditions is deemed unenforceable, it does not affect the operation of the other clauses.
The Organiser and Participants submit to the exclusive jurisdiction of the courts located in Western Australia and the courts of appeal therefrom for the resolution of any dispute under these terms or concerning the Event.

RELEASE, INDEMNITY AND LIABILITY EXCLUSIONS
The Participant forever releases the Organiser from all claims (including those arising out of negligence), loss, damage, liability, cos, and expense arising out of the Participant’s participation in the Event and the Participant indemnifies the Organiser against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by the Organiser in connection with any act, matter or thing done, permitted or omitted to be done by the Participant or which was in any way connected with the Participant’s involvement in the Event.
Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
Section 139A of the Competition and Consumer Act 2010 (Cth) (“CCA”) affects the extent to which a contract for the supply of recreational services can exclude, restrict or modify
(a) the application of,

(b) rights under, or

(c) liability for failure to comply with certain consumer guarantees relating to the supply of services that are otherwise implied in consumer transactions by the ACL.
Accordingly, to the extent permitted by law, the Participant agrees that each of the guarantees in Part 3-2, Division 1, Subdivision B of the ACL in respect of recreational services provided by or on behalf of the Organiser is excluded in respect of liability for the events and circumstances set out in s139A(3) of the CCA.
Similarly, to the extent permitted by law, the entrant also agrees that any liability of the Organiser in respect of any of the guarantees referred to in clause 18 above is excluded in respect of the events and circumstances set out in s139A(3) of the CCA.