PART B: Terms and Conditions *
Only tick this box if you agree with the Terms and Conditions
These terms create a legally binding agreement between the Participant and Soldier On, which operate from the date on which the Participant accepts these terms in the manner contemplated by this document, and continue until the Participant's participation in the Activities is terminated earlier in accordance with clause 13 (Term).
2.1 Soldier On will:
(a) coordinate and facilitate the Participant's participation in the Activities to the extent set out in these terms; and
(b) pay the Soldier On Contribution for the Activities.
2.2 The Participant will pay the Participant Contribution for the Activities.
2.3 The parties agree that Soldier On is only required to pay the Soldier On Contribution, and will not be liable to pay any other fees, charges or expenses or that are incurred by, or in relation to, the Participant.
3. Cancellation and amendment
3.1 The Participant agrees that Soldier On may, at any time, in its absolute discretion, modify, substitute, cancel or delay the Activities or any part of the Activities for any reason.
3.2 The Participant acknowledges that if the Activities or any part of the Activities are modified, substituted, cancelled, or delayed, then the Participant will have no right to claim compensation for any injury, loss or Damage or other expenses incurred by the Participant as a result of the modification, substitution, cancellation, or delay.
4. Participant obligations and warranties
The Participant must:
(a) comply with these terms;
(b) comply with the terms of all Soldier On Policies;
(c) immediately notify Soldier On if the Participant reasonably believes there is a risk to the Participant's health or safety by participating in the Activities; and
(d) notify Soldier On of any change in the Participant's personal details (as set out in the completed registration form in Part A of this document or most recently notified to Soldier On) as soon as possible.
5. Promotional activities and public announcements
The Participant, considering their level of experience and stage of recovery, may be asked to:
(a) as reasonably required, participate in any promotional event or activity notified to the Participant by Soldier On;
(b) feature in written, photographic, video or other materials collected as part of the Activities:
(c) while participating in the Activities or an event described in clause 5.1(a):
(i) promote Soldier On or the Activities in a manner consistent with these terms; and
(ii) display and/or wear any promotional branding provided to the Participant by Soldier On;
(d) not make or authorise any press release or public statement relating to Soldier On or the Activities without the prior approval of Soldier On; and
(e) not do or authorise any act or thing which, in the reasonable opinion of Soldier On, may:
(i) damage, bring into disrepute or ridicule Soldier On or its name, messages, activities, or reputation; or
(ii) attract public or media attention which may be prejudicial or otherwise detrimental to Soldier On or its name, messages, activities or reputation.
Soldier On is not responsible for the Participant's personal insurance.
7.1 Nothing in these terms or any circumstances associated with it or its performance imposes or gives rise to any:
(a) relationship of employment, agency, joint venture, or partnership between the parties; or
(b) fiduciary relationship,
between Soldier On and the Participant.
7.2 The Participant has no right to assume or create any obligations of any kind, express or implied, in the name of, or on behalf of, Soldier On.
7.3 The Participant must not during or after the Term, without the prior agreement of Soldier On:
(a) subject to these terms, represent or purport to represent Soldier On, or express views or opinions purported to be those of Soldier On; or
(b) disclose to or make public any information or material acquired or produced in connection with these terms or the Activities.
To the extent permitted by law, Soldier On is not liable for any Claim or Damages of any kind by the Participant or any third party arising under or in connection with these terms or the Activities.
9. Release and waiver
9.1 The Participant acknowledges that their participation in the Activities:
(a) is at the Participant's own risk; and
(b) may involve the risk of injury to the Participant, whether caused by the Participant, another party or equipment or facilities used in connection with the Activities.
9.2 The Participant agrees to release, waive, discharge, and hold harmless, Soldier On officers, employees, agents, licensees and other representatives from all Claims and Damages arising out of or in connection with the provision of the Activities under these terms.
10. Force majeure
If Soldier On is prevented from performing any obligations under these terms, or any other arrangement relating to the Activities, by reason of act of God, strikes, trade disputes, fire, breakdowns, interruption of transport, government or political action, acts of war or terrorism, acts or omissions of a third party or for any other cause whatsoever outside Soldier On's reasonable control, Soldier On is under no liability whatsoever to the Participant and may, at its option, terminate the Participant's participation in the Activities pursuant to these terms in accordance with clause 13.2.
11. Confidential Information
Each party must not disclose any of the other party's confidential information to a third party without that other party's prior consent. In giving its consent to a disclosure, a party may specify any conditions or restrictions on the disclosure, including that the intended recipient of the confidential information is to execute a non-disclosure deed in the form required by the party giving its consent to the disclosure.
12.1 The Participant acknowledges that Soldier On may, in connection with these terms and for the purposes of the Participant's participation in the Activities, collect Personal Information and/or Sensitive Information (which may include health information) about the Participant from the Participant.
12.2 The Participant consents to the collection of the Participant's Personal Information and/or Sensitive Information by Soldier On under clause 12.1, and acknowledges that the Participant can gain access to the Participant's information held by Soldier On on request.
12.3 Soldier On may use the Participant's Personal Information and/or Sensitive Information for the purpose of coordinating and/or facilitating the Activities and the Participant consents to this use.
12.4 The Participant consents to Soldier On using images or Personal Information of the Participant in written, photographic, video, or other materials that have been collected as part of the Activities on the website or any other publications of Soldier On.
12.5 Soldier On will comply with the relevant provisions of the Privacy Act 1988 (Cth) to the extent that the Privacy Act 1988 (Cth) applies to Soldier On.
13.1 Either party may terminate the Participant's participation in the Activities upon the giving of 5 days written notice. Nothing will prevent an earlier termination with the written agreement of both parties.
13.2 Soldier On may terminate the Participant's participation in the Activities immediately if:
(a) in the opinion of Soldier On, the Participant has:
(i) engaged in any misconduct or dishonesty; or
(ii) breached any requirement under clauses 2, 4, 5, 6.1, 8, 9, 11 or 12; or
(b) Soldier On exercises its right to terminate under clause 10.
13.3 These terms will cease to apply to the Participant's participation in the Activities if the Soldier On and the Participant agree in writing to replacement terms governing the Participant's participation in the Activities, with effect on the date on which those new terms come into effect.
After termination of the Participant's participation in the Activities:
(a) the accrued rights and remedies of each party are not affected; and
(b) each party’s obligations under clauses 8 (Liability), 9 (Release and waiver), 11 (Confidential Information) and 12 (Privacy) continue.
Soldier On may change these terms from time to time. If Soldier On reasonably considers that the change is likely to:
(a) benefit you or have a neutral or minor detrimental impact on you, Soldier On may change these terms by making such changes immediately without notifying you except by publishing these terms as amended on its website; or
(b) have a significant detrimental impact on you, Soldier On will make such changes to these terms no sooner than 10 days after Soldier On has notified you of those changes in accordance with clause 16.3.
16.1 These terms constitute the entire understanding between the parties in relation to their subject matter and supersede all prior understandings or agreements between the parties in respect of the Activities.
16.2 You must not assign, sublicense, or deal with any right under these terms without the prior written consent of Soldier On.
16.3 A notice, demand, consent, approval, or communication under these terms (Notice) must be:
(a) in writing, in English and signed by a person duly authorised by the sender; and
(b) hand delivered or sent by prepaid post or email to the recipient's address for Notices, being:
(i) in the case of Soldier On:
Address: Building 1, 80 Bellenden Street, GUNGAHLIN ACT 2912
Email address: firstname.lastname@example.org
(ii) in the case of the Participant, the details specified in Part A of this document,
as varied by any Notice given by the recipient to the sender.
16.4 These terms are confidential and may not be disclosed by the Participant to any other person other than for the purposes of obtaining professional legal or accounting advice or as required by law.
16.5 These terms are governed by and construed in accordance with the laws from time to time in force in the Australian Capital Territory.
16.6 Any contract formed on these terms is not invalid because the formation of the contract took place wholly or partly by means of one or more electronic communications.
17. Definitions and interpretation
17.1 In these terms:
Activities means Soldier On's Veteran and Family Support Program, including all of the activities and services forming part of that program from time to time.
Claim means any claim, demand, action, suit or proceeding that may be made or brought by any person against Soldier On by any person.
Damages means liabilities (including any liability Soldier On may have to any third party), expenses, losses, damages, and costs (including legal costs on a full indemnity basis and whether incurred or awarded against a party).
Participant means the person who has completed the registration form in Part A of this document and signed these terms.
Participant Contribution means the amount of any costs not covered by Soldier On by way of the Soldier On Contribution.
Personal Information has the same meaning as in the Privacy Act 1988 (Cth), as amended from time to time.
Sensitive Information has the same meaning as in the Privacy Act 1988 (Cth), as amended from time to time.
Soldier On means Soldier On Association Incorporated (ABN 24 811 760 786).
Soldier On Contribution means the amount of the cost of the course/activity/service provided as part of the Activities, unless otherwise stated in respect of a particular Activity.
Soldier On Policy means any rules, policies, guidelines, codes of conduct or procedures of Soldier On relevant to the participant's participation in the Activities as amended from time to time, which are available for inspection on request.
Term has the meaning specified in clause 1.
17.2 In these terms, except where the context otherwise requires:
(a) the singular includes the plural and vice versa and words importing a gender include other genders;
(b) other grammatical forms of defined words or expressions have corresponding meanings;
(c) a reference to 'A$', '$A', 'dollar' or '$' is a reference to Australian currency;
(d) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity; and
(e) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions.