Legs for Eggs 2014

Terms & Conditions of Legs for Eggs 2014

TERMS & CONDITIONS

Legs for Eggs 2014

The Women’s Cancer Foundation (“WCF”) is the organiser of Legs for Eggs (the Event) which comprises a 20km individual event and a 10km individual event.
The 40km walk is a team event, and a person participating in the Event (the Participant) must be part of a team of four members, all of whom are aged 18 or above.
If participating in the individual 20km or 10km Walks , a Participant must be aged 10 or above.
The Event is conducted over one day, starting at 8.30am on Saturday 11th of October 2014 and finishing at approximately 2pm.
Every team must be self-sufficient and must have a support crew. The support crew is responsible for providing teams with their food, water and changes of clothing during the event. WCF will not be responsible for the provision of any food and water other than that provided at checkpoints. It is every Participant’s responsibility to ensure that his or her support crew is suitably briefed and is made aware of the terms and conditions of the Event.
Teams must carry a minimum of two mobile phones, preferably on two different networks.
Participating in the Event may involve a risk of injury or even death from various causes, including but not limited to over exertion, dehydration and accidents with other Participants, spectators or road users. Every Participant voluntarily assumes all risks associated with his or her participation in the Event or any activity associated with it and will take all reasonable measures to protect themselves from the risks of participation. Participants must consent to receive such medical aid or treatment that may be deemed advisable by Event medical and paramedical personnel in the event of injury, accident and/or illness during the Event.
A Participant must train for the Event and to the best of his or her knowledge, be not suffering from a condition, illness, injury or other physical disability or impairment that would render him or her unfit to participate in the Event.
WCF may refuse to allow participation or continue participation in the Event if in the reasonable opinion of WCF it is necessary for a Participant’s safety or the safety of others.
Participants are responsible for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred by them as a result of his or her participation in the Event.
WCF reserves the right to refuse any application to register for the Event for capacity/field limit, safety or insurance reasons.
Participants are responsible for all property they bring to the Event and WCF does not accept responsibility for any loss or damage to this property.
There is a time limit in which a Participant is required to complete the Event. Participants will provide evidence of ability to complete the course in the specified time limit, if requested by WCF. If, during the conduct of the Event, an Event official directs a Participant’s withdrawal because he or she is likely to be unable to reach the cut-off marks within the Event time limit, the Participant must comply with this direction. In these circumstances the Participant must voluntarily remove himself or herself from the course and agree to be transported to the finish area.
Participants release WCF (and its directors, officers, employees, volunteers, sponsors, contractors and agents) from any liability (to the extent permitted by law) for any loss, injury, damage of any description whatsoever suffered in relation to my attendance and participation at the Event, however so caused, other than in relation to any negligent acts or omissions of WCF (or their directors, officers, volunteers, sponsors, contractors and agents) and shall indemnify them against all liability arising as a result of or in connection with the Participants attendance and participation in the Event including any loss of personal property unless such liability arises as a result of the negligent acts or omissions of WCF (or their directors, officers, employees, volunteers, sponsors, contractors and agents).
WCF reserves the right to alter the trail without notice and/or cancel the event in consultation with and under the direction of emergency services agencies and major event stakeholders or landowners.
Participants must comply with all the rules of the Event. When participating in the Event, all Participants must follow the approved course, observe normal traffic rules and obey all directions and instructions given by Event officials, marshals and police.
Teams are only allowed to register at the Start Point (Harbour Esplanade, Docklands), during the designated registration period.
All team members must stay together between checkpoints and must check in and out together at each checkpoint. Staff at checkpoints will not check in or out incomplete teams which have members who have not been accounted for.
Participants must assist and/or take any Participant in their team who is injured or exhausted to the nearest checkpoint for assistance. If the injury is serious, Participants must follow emergency procedures.
Under no circumstances are individuals to be left unaccompanied. If a team member becomes seriously injured and cannot be moved, one person must stay with him or her while the others seek help.
Any team or Participant who ignores road-crossing instructions from marshals faces risk of disqualification and does so at his or her own risk.
If a Participant wishes to withdraw during the Event, he or she must first report to the nearest checkpoint. Remaining team members cannot continue until the withdrawal of a team member has been reported. If, for any reason, I or any other Participant from my team has to leave the event urgently, the event safety officer must be called via the number printed on the race bib as soon as possible.
In order to withdraw, a Participant must complete a retirement certificate at one of the checkpoints. A team with less than four members cannot continue without a copy of the retirement certificate. This must be presented at each remaining checkpoint.
If teams decide to leave the trail or checkpoints to rest or sleep, or for any other reason, they must do so from a designated checkpoint. Upon checking in, the entire team must inform the checkpoint coordinator of their intention and an estimated return time. Failure to do so will result in the team being reported missing and a search will be initiated. The team must return to the same checkpoint to resume the event.
Teams that fail to depart a checkpoint by the nominated closing time will be withdrawn from the event and will be advised not to proceed. Teams that disregard this advice proceed at their own risk and not as Participants of the Event. The closing times are calculated on the basis that there would be insufficient time remaining to complete the event in the specified 12 hours.
A team’s finishing time will be recorded as the last member of the team reports to the check-in desk at the finish. Legs for Eggs is a team event; no individual time will be recorded.
The provided identification event bibs must be worn at all times during the event.
Legs for Eggs is a challenging team event. Adequate time is necessary for training and fundraising before undertaking it. Therefore, substitution of all four team members is not permitted.

Changing a team member before 5pm on the Monday of the event week: teams must notify the organisers by submitting a completed Change of Team Member Form available from WCF.
Changing a team member after 5pm on the Monday of the event week: teams must submit a completed Change of Team Member Form and pay a $50 late change fee.
No substitutions will be allowed to a team within 48 hours of the Event.

Do not drop litter. Participants and support crews must respect the environment and local neighbourhood by using the litter and recycling bins at the checkpoints.
Dogs are not permitted on the trail or at checkpoints. Smoking is strictly forbidden on the trail and at checkpoints.
Teams are asked to respect residential and local parking regulations.
Participants must keep noise levels to a minimum when walking in residential areas during training and the Event.
Each team must carry at least one first aid kit at all times containing as a minimum:

a compression bandage
a triangular bandage
strapping tape
sterile dressings
antiseptic wipes
selected blister treatments
four thermal blankets (one per team member)

Additional first aid supplies must be kept with your support crew. Prescription medication and painkillers are your team’s responsibility.
10km & 20km walk Participants should do their best to aspire to raise a minimum of $250 each, including the non tax deductible and non refundable registration fee, to participate in the event.
Teams of 4 (max) raising $10,000 or more by 20th September 2014 are eligible for fundraising awards.
Individuals raising $4,000 or more by 20th September 2014 are eligible for fundraising awards.
All fundraising activities undertaken by participants must adhere to the relevant state government regulations.
Entry into Legs for Eggs may not be resold at a premium or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If an entry is sold or used in breach of this condition, team members will be prevented from future involvement in the event.
Slower teams must always give way to those teams travelling at a faster pace.
Teams are strictly forbidden to meet their support crew at any location along the trail except the checkpoints. Any team found breaching this rule will be disqualified.

PARTICIPANT DECLARATION

I, (Participant) hereby apply for entry to the Legs for Eggs (Event) and acknowledge that a legally binding agreement between the Women’s Cancer Foundation (WCF) and me will be deemed to have commenced on acceptance by WCF of my application to compete.

In consideration of and as a condition of acceptance of entry in the Legs for Eggs (Event), I acknowledge and agree with the following:

WCF for the purposes of this declaration means Women’s Cancer Foundation, its respective members, directors, officers, members, servants or agents.
I shall endeavour, on a best endeavours basis, to raise/donate a minimum of $250 as a 20km Legs for Eggs Participant.
I shall endeavour, on a best endeavours basis, to raise/donate a minimum of $250 as a 10km Legs for Eggs Participant.
Registration fees are non refundable.
I will be permitted to participate in the Event subject to my complying with the terms and conditions of the Event, this declaration and any reasonable direction issued by the Event organisers or their representatives.
This document cannot be amended. If I do amend it my application will be null and void. It cannot be accepted by the WCF.
There is no personal injury insurance provided to participants in this Event. I understand that I should, in my own interests, independently seek and obtain personal insurance.
The Event rules, terms and conditions above, and this declaration comprise a contract between the WCF and me. It is necessary and reasonable for promoting and conducting the Event.
Warning: Participation in the Event can be inherently dangerous. Risks including but not limited to overexertion, equipment failure, dehydration, serious accidents, and course and weather conditions can and often do happen which may result in me being personally injured or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in the Event.
Exclusion of Liability: Except where provided or required by law and such cannot be excluded, I agree that it is a term of my entry to the Event (if accepted) that the WCF is absolved from all liability however arising out of my participation in the Event.
Release and Indemnity: In consideration of the WCF accepting my application for entry to the Event, I:

release and forever discharge the WCF from all Claims that I may have or may have had but for this release arising from or in connection with my participation in the Event; and
indemnify and hold harmless the WCF to the extent permitted by law in respect of any Claim by any person (including but not limited to another participant in the Event) arising as a result of or in connection with my participation in the Event. In this clause 11 “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising but does not include a claim in respect of any action, suit, etc made by any person entitled to make a claim under a relevant Event insurance policy.

Fitness to Participate: I declare that I am and must continue to be medically and physically fit and able to participate in the Event. I am not and must not be a danger to myself or to the health and safety of others. I understand and accept that the WCF will continue to rely upon this declaration as evidence of my fitness and ability to participate.
Use of image: I grant WCF and the contractors and suppliers engaged by WCF in connection with the Event a royalty free right for use in perpetuity, to use and allow the use of my name, image, voice, likeness, photograph, interview and statement in broadcasts, telecasts, webcasts, media press materials, promotional materials and otherwise in connection with the Event. I acknowledge that the Event results list, published publically, may display my name, my team name and finish time.
Consent to medical treatment: I consent to receiving any medical treatment that the Event organisers or their authorised representatives consider necessary or desirable during or after the Event.
Prevailing conditions: The Event and the conduct of, and participation in the Event will be affected by weather and associated conditions. Given there is often an element of the “luck of the prevailing conditions” in entering and competing in the Event I acknowledge and agree the Event organisers cannot control the weather.
Information that I have provided is necessary for the conduct of the Event. I acknowledge and agree that the information will only be used by the WCF to facilitate the conduct of the Event and other events conducted by WCF. I understand that I will be able to access my information through the WCF.
I understand that my entrant details are collected by WCF for the purpose of conducting the Event and associated events, including but not limited to identifying participants in the Event, recording results, communicating with me and other participants about the Event and other associated events and to assist WCF in improving and marketing its goods and services. I understand that by supplying WCF with my e-mail address I wish to receive regular e-newsletter updates from WCF in order to stay informed about the Event
By registering for the Legs for Eggs Event, I confirm that I have read, understood, acknowledge and agree to the above declaration including, but not limited to, the warning, terms & conditions, exclusion of liability, release and indemnity.

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
These Terms and Conditions may change or be updated from time to time and it is Your responsibility to ensure that You remain in agreement with the current Terms posted on this Platform.
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Overview

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Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

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Optional contribution
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Standard arrangement
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Special Event Fees
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Donor Pays Option
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GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $ 0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt), Stripe charged at the designated rate based on the beneficiaries plan. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $ 0.20 fee per beneficiary.
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Credit card payments

Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $ 2.00 AUD.
A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

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Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

You must keep Your personal login information safe, private and secure at all times. This extends to:
1. not allowing any other person to use their login information or hold themselves out as You;
2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.
Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:
1. infringe the intellectual property rights (including copyright) of any third party.
2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
4. be misleading as to that User’s identity or affiliation with any person or group
5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.
In addition, You must not use the Platform to:
1. send junk email, sms or spam to people who do not wish to receive email from You;
2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at {support@gofundraise.com.au}

User IP

The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
1. use the Content for the purposes of the Personal Page; and
2. to grant the licence comprised in clause 29,
and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:
1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
2. conduct in using the Website;
3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:
1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
2. any application or right to apply for registration of any of the rights referred to in paragraph (a).
GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:
1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:
1. the use of the Platform by a User;
2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.
The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:
1. the use or misuse of the Platform by the User;
2. Content uploaded by the User;
3. the breach by the User of these Terms; or
4. any liability arising out of the use of a User’s account.

Notices

A party notifying or giving notice to GoFundraise under these Terms must do so by notice:
1. in writing;
2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
3. left at or sent by prepaid post, facsimile or email to that address.
A notice given in accordance with clause 41 above, will be deemed received:
1. on the date of delivery, if left at the recipient’s address;
2. Five days after the date of posting if sent by prepaid post; and
3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
All prices are in Australian Dollars unless stipulated otherwise.
Terms & Conditions updated January 2024