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TERMS OF PARTICIPATION

Thank you for participating in the Body Fit Challenge (“Challenge”), a fundraising initiative of Wildlife Conservation International (WCI) which is a registered charity in Australia (ABN  92 607 879 345), Canada (799635537 RR 0001), Europe/Netherlands (RSIN 862663313) and the United States EIN 84-1899559). 

From 1 March to 31 March, participants will complete a set number of daily exercise repetitions according to their ability - beginner, intermediate or advanced, while raising funds to support orangutan conservation. 

By registering as a participant in the Challenge, you agree to accept and comply with the following terms and conditions.

GENERAL

  1. I am at least eighteen (18) years old, or if under the age of 18, I have the explicit consent of my parents or guardian to participate in the Challenge.
  2. My decision to participate in the Challenge is entirely voluntary and my own. I understand I am free to withdraw from the Challenge at any time if I do not wish to proceed.
  3. I understand and acknowledge that I take full responsibility for my participation in the Challenge. I agree to carefully consider the risks of my participation in the Challenge prior to participating, including but not limited to the risk of harm associated with physical exertion. I warrant that I am physically fit enough to participate safely in the Challenge and I understand it is my sole responsibility to consult with a doctor before participating in the Challenge to discuss any conditions that may impede my ability to participate safely in the Challenge. Regardless of whether I have consulted with a doctor, I am aware of the risks participating and voluntarily assume and accept those risks.
  4. In consideration of, and as a condition of my participation in the event for myself, my heirs, executors and administrators, I;
    1. waive, release and discharge WCI (including its Directors, staff, agents and independent contractors, volunteers and sponsors) (“the Indemnified Parties”), from all and any liability including all claims or causes of action which I might otherwise have (including for negligence) arising from any injury, loss, or damage of whatever kind suffered or sustained by me arising directly or indirectly out of my participation in the Challenge; and
    2. indemnify the Indemnified Parties against any claim, action, liability, loss, damage, cost or expense that the Indemnified Parties incur or are liable for as a result in my participation in the Challenge; and
    3. agree not to bring any claim against WCI for loss or damages, regardless of whether negligence can be demonstrated.
  5. I acknowledge that WCI will not insure me in relation to any aspect of the Challenge and I agree that I am responsible for all necessary insurance to cover my participation in the Challenge.

FUNDRAISING

  1. I acknowledge that by registering to participate in the Challenge, I pledge to raise funds for WCI (trading as The Orangutan Project).
  2. As part of my registration for the Challenge, I will set up a fundraising profile (“my Profile”) on http://www.bodyfitchallenge.org (“Challenge Website”) and promote my Profile to seek donations from the public for the Challenge. I acknowledge that all donations made via my Profile on the Challenge Website are donations to WCI and are remitted directly to WCI.
  3. I understand that all fundraising for the Challenge is authorised under WCI’s authority to fundraise in the relevant country. I agree to be bound by the fundraising legislation relevant to the State or Territory in which I am fundraising.

WEBSITE & SOCIAL MEDIA TERMS OF USE

YOUR PRIVACY

WCI may gather and store information that you provide to us when using our website. Please read our privacy policy to find out how we handle the information you provide to us.

When you register for the Body Fit Challenge a unique fundraising page will be created for you. This may include your name in the URL. This website URL and any content you choose to upload will be publicly accessible to third-party services, including search engines, and other tools used by WCI. Personal contact details and financial details will not be publicly visible in such ways.

CREDIT CARDS AND REFUNDS

You agree not to use an unauthorised credit card to make payments on this website. If you make a donation to WCI, the transaction is final, and no refunds will be provided except where unauthorised use can be proven. If you have become aware of fraudulent use of your card, or if it becomes lost or stolen, you must notify your card issuer immediately.

INTELLECTUAL PROPERTY

All intellectual property rights in this website and the content provided on it (including information, logos, trademarks, design, text, images and statistics) are owned or licensed by WCI and may not be used without our consent.

You are not authorised to alter, copy, republish, reproduce, distribute, transmit, sell, or store, in any media or in any form, any of the content, without our prior written consent. 

USE OF OUR LOGOS

WCI may allow third parties to use its logos in limited circumstances. You must obtain written permission before using any of our logos. In order for us to consider any such request, you will be required to provide WCI with a copy of your intended promotional material before releasing it to the public.

CONTENT

You agree that any content you post to the Challenge Website (for example photos and videos) (“Content”) is :

  1. owned by you or you are otherwise authorised to enter or upload it;
  2. will not be defamatory or malicious in relation to any product, service, person or entity;
  3. is not “passing off” of any product or service and will not constitute unfair competition;
  4. will not infringe any third party intellectual property rights, including trademarks, service marks, business names (registered or unregistered), confidential information or copyright;a and
  5. will not infringe any legislation or regulations in any country where the material information is or will be available electronically to other users.

PHOTOGRAPHIC CONSENT

If you share, post or upload photos or videos (“Images”) to the Challenge Website, or social media channels associated with the event, or tag or link The Orangutan Project in such content on social media, you consent to the following:

  1. WCI has permission to use, distribute, modify, display and create derivative works from the Images in promotional collateral and on WCI website, 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.
  2. Where you, or any of the subjects appearing in the Images, are identified or identifiable in the images, you give WCI permission to identify you and the other subjects by name.
  3. You are not entitled to any remuneration or compensation from WCI for the Images.

You confirm that:

  1. You are the creator and copyright owner of any Images you share, post or upload to the Challenge Website or any other website or social media sites associated with the Challenge, or tag WCI or the Challenge in on social media; and
  2. You have the permission or consent of all persons who are captured and identifiable in the Images you provide to WCI (including parental consent if the subject is under the age of 18).

You understand that any content and Images that you share, post, or upload on our website may be crawled and stored by web services such as search engines, social media platforms or archiving tools. WCI is not responsible for removing information stored by third parties.

YOUR CONDUCT ON THIS WEBSITE

You agree not to use this website for any offensive or otherwise inappropriate purposes, including:

  1. to upload, post, email, transmit or otherwise make material available that may be abusive, harassing, obscene, defamatory, or offensive;
  2. to harm minors;
  3. to impersonate any person or entity, including WCI Board Members, staff, volunteers and their affiliates;
  4. to collect or store personal information about users of this website that is of a personal or sensitive nature; or
  5. to upload, post, email, transmit or otherwise make available any unsolicited material or advertising (such as junk mail, surveys, pyramid schemes and chain letters).

REMOVAL OF INFORMATION OR MATERIAL

WCI may remove any information or material (including links to external websites or applications) at any time, without notice, explanation, or justification. WCI reserves the right, in its sole discretion, to:

  1. monitor, retain or disclose any information on the website when necessary to satisfy any legal requirements;
  2. pre-screen, block or remove any content posted or uploaded by users of the website that WCI considers inappropriate, including material that WCI considers may violate its Privacy Policy or these terms of use; and
  3. suspend your access to this website and WCI services without notice if you fail to comply with these terms of use.

SOCIAL MEDIA TERMS & CONDITIONS

A private Body Fit Challenge Facebook Group (the “Facebook Group”) has been established to provide news and updates, information and facilitate discussion between registered participants.

The page will generally be monitored from Monday-Friday between 9am and 5pm, excluding public holidays.

WCI reserves the right to amend or delete any material, including derogatory, offensive or defamatory material posted on the pages. WCI also reserves the right to delete advertising material or material containing conflicting brands.

WCI reserves the right to remove or block any individual from the Facebook Group.

Content posted by individuals to the Facebook Group does not represent the official views of WCI.

Facebook has Community Standards for people and communities using Facebook. If you do want to report something inappropriate or abusive that you experience on Facebook, please use the report link near the post, photo or comment to report it to Facebook. For more information on how to report inappropriate activity please visit facebook.com/help/reportlinks.

JURISDICTION

Your use of our Website & Social Media Terms and Conditions are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website may be accessed throughout Australia and internationally. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access the website.