RISK WARNING,

TERMS AND CONDITIONS OF PARTICIPATION AND COLLECTION STATEMENT

(including Exclusion of Liability and Indemnity)

FOR 2017 SYDNEY CHILDREN’S HOSPITAL FOUNDATION

Pedal 4 Kids

 

Risk Warning

2017 Sydney Children’s Hospital Foundation’s Pedal 4 Kids (the event) is a recreational activity which is dangerous.  Any activity associated with riding a bicycle may result in personal injury or damage to property.  In particular, the activity will involve riding on public roads where a collision or act to avoid a collision may involve serious personal injury or damage to property.

You participate in the event at your own risk.

This warning is given by Sydney Children's Hospital Foundation on its own behalf and on behalf of all persons or organisations involved in the conduct of the event.  Under Division 5 of the Civil Liability Act 2002 these persons shall not be liable in negligence for harm suffered by a participant.

If you are under 18 this warning is addressed to your parent or any other adult person accompanying you.

Terms and conditions – including Exclusion of Liability and Indemnity

These terms and conditions are in addition to and not in derogation of the Risk Warning.

Permission to participate in 2017 Sydney Children’s Hospital Foundation’s Pedal 4 Kids (the event) is given by Sydney Children's Hospital Foundation on its own behalf and on behalf of and for the benefit of Mildren Events, any of the Participants Support Crew, any Landowner, Venue owner or other person involved in the conduct of the event including any employee, agent or contractor of the foregoing and any volunteer.

In consideration of Sydney Children’s Hospital Foundation permitting the Participant to take part in the Event, the Participant agrees to these Terms and Conditions:

1.  In these terms and conditions:

"Claim or Demand” means any claim, demand, action, proceeding, judgement, order, award of damage or costs of any nature whatsoever.

"Event Providers'" means  any and all persons included in the definitions of the Sydney Children's Hospital Foundation, Mildren Events, the Participants Support Crew, any Landowner or Venue Operator

“Landowner” means and includes the owner, lessee or occupier of any land and any employee, agent or independent contractor of any such person;

“Mildren Events” means and includes Mildren Corporate and Events and each of its director’s employees, agents and independent contractors and any volunteer assisting it in connection with the Event.

“Participant” includes the legal or personal representatives of the Participant;

“Participants Support Crew” means and includes (but is not limited to) each person travelling with the Participant in his vehicle and each person assisting the Participant in any way including (but not limited to) a mechanic, a member of a mobile workshop team or supply team or any person acting in that capacity and their legal or personal representatives;

“Sydney Children’s Hospital Foundation” means and includes Sydney Children’s Hospital Foundation and each of its officers, members, employees, agents and independent contractors and any volunteer assisting it in connection with the Event.

“Venue Operator "means and includes the owner, lessee or occupier of any hospitality and or entertainment venue and any employee, agent or independent contractor of any such person.

2  The Participant acknowledge that the event involves a risk of personal injury to, or damage to property of the Participant or others.

3.  The Participant  participates in the event solely at their own risk.

4.  The Participant should consider  insuring in respect of the risks involved in the event and in particular hold or arrange Private Health Insurance with Ambulance Cover and personal accident insurance.

5.  The Participant  acknowledges and agrees that  no person who is an Event Provider is liable for any loss or damage of whatever nature suffered by or caused by the Participant in relation to the event, arising from any act or omission of any Event Provider, including an act or omission that is negligent, or misleading or deceptive.

6  The Participant shall not make any Claim or Demand against any Event Provider for any loss or damage of whatever nature suffered by or caused by the Participant in relation to the event, arising from any act or omission of any Event Provider, including an act or omission that is negligent, or misleading or deceptive.

7.  The Participant indemnifies and shall keep indemnified all Event Providers from and against every Claim or Demand arising from any act or omission of any Event Provider, including an act or omission that is negligent, or misleading or deceptive that arises by reason of any act or omission of any type of the Participant (including acts or omissions that are negligent , intentional or which involve any breach of law).

8.  Other than as provided for in clause 9, this Indemnity operates according to its terms and shall not be read down nor shall these terms and conditions be affected or altered in any manner, notwithstanding that the Participant may have been induced to participate in the Event by representations made by or on behalf of Sydney Children’s Hospital Foundation.

9.  It is not intended that these terms and conditions will prevent the recovery of damages by a Participant  from the owner or driver of a motor vehicle or a nominal defendant where the vehicle is covered by a policy of insurance under the Motor Accidents Compensation Act 1999 or where the nominal defendant is otherwise liable under that Act but only on the basis that any such damage is not recoverable by way of subrogation or otherwise from any other Event Provider who is not indemnified by the policy or the Act.

10  These terms and conditions shall be governed by and construed in accordance with the law of New South Wales and in relation to any matter arising from participation in the event the Participant agrees to submit to the exclusive jurisdiction of the Supreme Court of New South Wales  or a lower court in New South Wales with jurisdiction to determine the matter .  If any of these terms and conditions may not operate by reason  of a law that may not be contracted out of then, they shall be read down but only to the extent necessary to comply with the law.

11.   The Participant will pay all entry fees and other charges imposed by Sydney Children’s Hospital Foundation in respect of the Event.

Collection statement

The Sydney Children's Hospital Foundation Limited (ACN 003 073 185) (the Foundation) respects the privacy of individuals about whom we collect personal information.  The personal information the Foundation collects from you when participating in the Pedal 4 Kids bike ride is collected for the purposes of managing the event and sending you information about the Foundation's services and for other purposes set out in our privacy policy at www.schf.org.au/content/Privacy.aspx.  If you do not provide this information, the Foundation may not be able to allow you to participate in the Pedal 4 Kids bike ride and send you information about the Foundation's services.

You acknowledge that the information you provide will be collected by or on behalf of the Foundation and may be disclosed to third parties for the purposes outlined above or as required by law. Such third parties may include information technology suppliers, communications suppliers and other third party suppliers and business partners of the Foundation.

The Foundation's Privacy Policy, available at www.schf.org.au/content/Privacy.aspx, explains how the Foundation collects, uses and discloses personal information and how you may access and correct the personal information that is held about you. It also tells you how you may contact the Foundation to complain about a breach of the Privacy Act, and how such a complaint will be dealt with. If you have any queries or would like further information about the Foundation's privacy policies or practices, please contact the Privacy Officer at Sydney Children's Hospital Foundation, Locked Bag 5, Randwick NSW 2031, email info@schf.org.au or call 02 9382 1188.

In providing your personal details to the Foundation, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy.

Acknowledgement of Risk Warning and Acceptance of Terms and Conditions and Collection Statement

I have read and understood the Risk Warning, the Terms and Conditions of Participation and the Collection Statement and I agree to participate in the Pedal 4 Kids bike ride:

 

Signed by:

(print name)

Signature

If you are under 18 years of age, then signed      b by your parent or guardian:

(  (print name)

(signature)

Contact number

 

 

 

 

 

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                                             SCHF Privacy Policy

 

All pages and content including photographs within this site, including without limitation all HTML code and software, are the intellectual property of, or are authorised for use by, Sydney Children's Hospital Foundation or its affiliates. You may not adapt, reproduce or communicate any part of the pages and content within this site without the prior written consent of Sydney Children's Hospital Foundation.

Information Collected

When visiting this website the Sydney Children's Hospital Foundation site server makes a record of the visit and logs the following information for statistical purposes:

·         The user's server address - this allows us to consider the visitors who use the site most, and tailor the site to their interests and needs.

·         The user's operating system (for example Windows, Mac etc.) - this allows us to tailor browser or platform specific parts of the site to each operating system because browsers act differently on each platform.

·         The user's top level domain name (for example .com, .gov, .au etc.) - this can allow us to tailor information relevant to different domains.

·         The date and time of the visit to the site - this is important for identifying the website's busy times and ensuring maintenance on the site is conducted outside these periods.

·         Pages accessed and documents downloaded - this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find.

·         Pages accessed and documents downloaded - this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find.

·         Duration of the visit - this indicates to us how interesting and informative our site is to our users.

·         Geographic location - this shows us how well marketed our site is internationally.

·         The type of browser used - this is important for browser specific coding e.g. Javascript Access to information collected.

Access to Information Collected

Sydney Children's Hospital Foundation will not make an attempt to identify users or their browsing activities. However, in the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service Provider's logs.

Contact Us if you have time available during the day and want to help.

Use of Information Collected

We will only record your e-mail address if you send us a message. Your e-mail address will only be used for the purpose for which you have provided it, for any related purpose which you might reasonably expect or, for any other purpose you agree to.

Cookies

To ensure we are publishing content customers need and want, Sydney Children's Hospital Foundation collects aggregated site-visitation statistics using cookies. When someone visits the site, a cookie is placed on the customer's machine (if the customer accepts cookies) or is read if the customer has visited the site previously. If you choose to not have your browser accept cookies from Sydney Children's Hospital Foundation website, you will need to re-enter your personal information each time that you attempt to access information.

Security of Information

Sydney Children's Hospital Foundation is concerned about the security of your information. To prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption technology when collecting or transferring sensitive data such as credit card information.

External Links

This site contains links to other sites. Sydney Children's Hospital Foundation is not responsible for the privacy practices or the content of such websites. Sydney Children's Hospital Foundation has no knowledge if cookies or other tracking devices are used on linked websites.

Acceptance of Terms

By using Sydney Children's Hospital Foundation website, you signify your assent to this Privacy Policy. If Sydney Children's Hospital Foundation updates or changes this Privacy Policy, the changes will be made on this page. Your continued use of Sydney Children's Hospital Foundation website following the posting of changes to this Privacy Policy will mean you accept those changes.

Contact this Office

Please contact this office for further information during business hours on telephone 02 9382 1188, or by emailing

schfoundation@sesiahs.health.nsw.gov.au or by writing to the Privacy Officer at the Foundation at Locked Bag 5, Randwick. NSW 2031

GENERAL DISCLAIMER

When visiting this website the Sydney Children's Hospital Foundation site server makes a record of the visit and logs the following information for statistical purposes: 

·         The information contained in this site is current as at 01 April 2006. The information is only intended to be of a general nature for information purposes only and should not be relied upon by any party without obtaining full details from the Sydney Children's Hospital Foundation. Sydney Children's Hospital Foundation has no responsibility to update the information on the website having regard to information which becomes available or facts or circumstances arising or coming into existence after that time.

·         All information contained in this site, including without limitation our Privacy Policy and this disclaimer, is subject to change at any time without notice.

·         Transactions made through this site will generally be acknowledged immediately but may not be processed until the next working day.

·         Use of this site is at your risk. By accessing this site you agree, to the maximum extent permitted by the law, that none of the Sydney Children's Hospital Foundation, its affiliates or any of their directors, officers, respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss (including loss of profits, loss of revenue and loss of data), damages or reliance in connection with, this site, its use, its content or any products or services (including our products and services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

·         Your reliance on the completeness, accuracy, suitability or currency of the site or its content failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alternation or unauthorised access to records accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk; and defamatory, threatening, offensive or unlawful conduct of third parties.

·         Sydney Children's Hospital Foundation will not be liable for any loss caused by unauthorised access or breach of security through this site and will not be liable for any loss or damage if a transaction is not effected or is delayed or is in error, for any reason.

·         Sydney Children's Hospital Foundation does not guarantee the accuracy of information on this site including information provided by third parties linked to this site.

·         All pages and content within this site, including without limitation all HTML code and software, are the intellectual property of, or are authorised for use by, Sydney Children's Hospital Foundation or its affiliates. You may not adapt, reproduce or communicate any part of the pages and content within this site without the prior written consent of Sydney Children's Hospital Foundation.

Sydney Children's Hospital Foundation respects and is committed to protecting the privacy of individuals. We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act). Where appropriate we rely on the employee record exemption in the Privacy Act.

1. We will only collect information that is necessary for what we do

Sydney Children's Hospital Foundation is engaged in fundraising. Sydney Children's Hospital Foundation collects personal information about individuals who are, or who are employed by, our donors, volunteers, other supporters, consultants and service providers. This information includes personal particulars, records of previous support, applications for support and the history of the Foundation's dealings with individuals and organisations. We collect and hold only the information necessary for the Foundation to pursue its important charitable work. No personal information from hospital patient records is collected or held by the Foundation. Information about patients and their families used in the Foundation's promotions is collected from the patients and families themselves and used only with their written permission.

2. We will tell you who we are and what we intend to do with the information about you

Whenever we collect information we will identify ourselves as Sydney Children's Hospital Foundation and explain the reason why we have contacted you. If you decide to support the work of the Foundation, we may ask you for information that will be used to contact you again about the work of the Foundation. You can ask us at any time not to contact you again.

3. We will usually collect personal information directly from you

The Foundation always prefers to collect personal information directly from you. From time to time, the Foundation does use information from third parties about people and organisations that we think may be interested in the work of the Foundation.

If you ask us to, we will usually be able to tell you where we obtained information from.

4. We will only use or disclose information about you in ways that you agree or are consistent with your expectations

Sydney Children's Hospital Foundation will not sell or trade in your personal information without your prior permission. We use the information you have provided to carry out the functions and activities of the Foundation. Unless you ask us not to we will also use your information to keep you informed about the activities of the Foundation, the activities of the Sydney Children's Hospital and Area Health Service and about the medical and health research funded by the Foundation and to ask for your support.

5. We will take reasonable steps to ensure that the information about you is accurate when we collect or use it

It is in our mutual best interest to accurately record the personal information we collect from you and we welcome the opportunity to ensure that the information is accurate and up to date. If, in any of our communications with you, you become aware of any inaccuracy, please contact us so that we can correct our records.

6. We will keep information about you secure

The Foundation takes all reasonable measures to ensure that personal information is held securely. We take appropriate physical and personnel security measures to protect written material on our premises and we use appropriate security procedures to deny access to electronic records including internal data access control and protective measures to provide protection against intrusions from external sources.

7. We will be open with you about what kinds of personal information we hold and what we do with it

If you have any questions about the kinds of personal information we hold and what we do with it, we invite you to please contact the Foundation's Privacy Officer, who will make every reasonable effort to provide the information you need. You can do that by contacting the Foundation during business hours on telephone 02 9382 1188, or by emailing

schfoundation@sesiahs.health.nsw.gov.au or by writing to the Privacy Officer at the Foundation at Locked Bag 5, Randwick. NSW 2031.

8. Wherever possible we will let you see the information we hold about you and correct it if it is wrong

Should you wish to see the personal information about you held by the Foundation, you should make application to the Foundation's Privacy Officer, who will, wherever possible, provide you with details of the information we hold about you and provide you with an opportunity to correct it. Requests to access the personal information about you will need to be made in writing and submitted in person to the Privacy Officer. For security purposes, the Privacy Officer will verify your identification prior to allowing you access to your personal information. We may deny your request for access in some circumstances. If we do this we will tell you why. Minor corrections, such as change of address information, can be made over the phone as long as the Privacy Officer is satisfied that the person requesting the correction is the person about which we hold the information. Corrections will not be made if they are requested by someone who is not the actual person about which we hold the information.

9. If we can (and you want to) we will deal with you anonymously

We can accept your gifts and other forms of support anonymously however the requirements for the tax deductibility of gifts and the issue of tax deductible gift receipts, contained in the Income Tax Assessment Act require the Foundation to collect the name of the donor if the donor wishes a tax deductible receipt.

10. We will take steps to protect your privacy if we send personal information about you to a third party

The Foundation does not sell or exchange personal information with any third party for gain or for advantage. We do use commercial mail preparation services to help the Foundation with large-scale mail promotions and personal information is passed to these service providers in electronic format. The Foundation ensures that your privacy is protected when we use third parties by ensuring that we only do business with reputable mail processing companies that have a strong privacy policy and on the condition that they do not use the Foundation's data for any other purpose.

11. We will limit the collection of highly sensitive information about you

The Foundation has little need to collect highly sensitive information about any person. However there are circumstances where such information is collected and held for a short period. Such circumstances may include details of certain criminal offences committed by applicants for children's services-related volunteers and certain referee reports held in respect of applications. The Foundation does not wish to hold such sensitive information for any longer than it absolutely must to carry out it legitimate function and will destroy such sensitive information as soon as is practicable after its legitimate use.

12. If you have a complaint, we will do what we can to respond and address the problem quickly

If you have a complaint about any privacy matter you should contact the Foundation's Privacy Officer. You can do that by contacting the Foundation during business hours on telephone 02 9382 1188, or by emailing

schfoundation@sesiahs.health.nsw.gov.au or by writing to the Privacy Officer at the Foundation at Locked Bag 5, Randwick. NSW 2031.

- See more at: http://www.schf.org.au/content/Privacy.aspx?#sthash.UfAhkf1V.dpuf