About the Website
Welcome to beachsidedash.org.au (the Website). The Website provides information about the Beachside Dash running event, medical research supported by the event and ways to participate in or support the work of the St George and Sutherland Medical Research Foundation.
The Website is operated by St George and Sutherland Medical Research Foundation (ABN 85 127 315 931) (SSMRF, we, our or us). Access to and use of the Website, and any associated products or services, is provided by SSMRF.
Please read these terms and conditions (Terms) carefully. By accessing, browsing or using the Website, you agree to be bound by these Terms. If you do not agree, you must cease using the Website immediately.
We reserve the right to review and update these Terms at any time. Changes take effect from the date they are published on the Website. We recommend you retain a copy of these Terms for your records.
Acceptance of the Terms
You accept these Terms by continuing to use the Website. Where applicable, you may also accept the Terms by clicking an “accept” or “agree” option presented through the Website interface.
Copyright and Intellectual Property
All content on the Website is protected by copyright under Australian law and international treaties.
Unless otherwise stated, all intellectual property rights in the Website and its content – including text, graphics, logos, images, videos, audio, design elements, code and interactive features – are owned or licensed by SSMRF.
You are granted a limited, non-exclusive, royalty-free and revocable licence to:
- use the Website in accordance with these Terms
- store Website content in your device’s cache memory
- print pages for your personal, non-commercial use
No other rights are granted. You must not reproduce, distribute, modify, publish, transmit or exploit any content without prior written permission, except where content is clearly identified as reusable or in the public domain.
Nothing on the Website transfers to you any ownership or rights in SSMRF’s business name, trademarks, domain names, designs or intellectual property.
Privacy
Your use of the Website is subject to our Privacy Policy, which explains how we collect, use and protect personal information. The Privacy Policy is available on the Website and forms part of these Terms.
General Disclaimer
Nothing in these Terms excludes or limits rights you may have under the Australian Consumer Law or other applicable legislation that cannot be excluded by law.
To the extent permitted by law:
- all warranties, guarantees or conditions not expressly stated are excluded
- SSMRF is not liable for indirect, incidental or consequential loss, loss of profits or loss of opportunity arising from your use of the Website
The Website and its content are provided “as is” and “as available”. We do not warrant that the Website will be uninterrupted, error-free or free from harmful components.
Limitation of liability
To the maximum extent permitted by law, SSMRF’s total liability arising out of or in connection with these Terms or your use of the Website is limited to resupplying the relevant content.
SSMRF is not liable for any loss or damage arising from:
- errors, omissions or inaccuracies in Website content
- delays or disruptions to access
- third-party conduct or links
- viruses or other harmful components
Termination
You may terminate these Terms by providing 14 days’ written notice via the contact details on the Website.
We may suspend or terminate your access immediately if you breach these Terms, if required by law or if continued access is no longer commercially viable or damages our reputation.
Termination does not affect rights or obligations that accrued before termination.
Indemnity
You agree to indemnify SSMRF and its officers, employees, contractors and contributors against any loss, damage or expense arising from:
- your use of the Website
- your breach of these Terms
- any content you submit to the Website
Dispute Resolution
Negotiation and Mediation
If a dispute arises, the parties must first attempt to resolve it in good faith through negotiation. If unresolved after 14 days, the dispute must be referred to mediation.
The mediator will be appointed by agreement or, failing agreement, by the President of the Conflict Resolution Service or their nominee. Costs are shared equally. Each party bears its own legal costs.
Mediation will take place in Sydney, New South Wales.
All negotiations are confidential and conducted on a without-prejudice basis.
Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.
Severance
If any provision of these Terms is found to be invalid or unenforceable, it will be severed and the remaining provisions will continue in force.
Payments, Donations and Registrations
All registration fees, donations, sponsorships and associated transaction fees relating to the Beachside Dash are non-refundable, except where required by law.