Cancer Council Queensland Shade Project Terms and Conditions

Application

1. These Terms and Conditions apply to the Portable Shade Project (Project) conducted by the Cancer Council Queensland (CCQ) in accordance with its charitable objects and through funding provided by the Queensland government.
2. Any organisation that submits an application to participate in the Project (organisation) is given prior notice of these Terms and Conditions and is required to confirm that it accepts and understands these Terms and Conditions in the Application Form to proceed with the application.
3. In any event, the organisation will be deemed to have accepted these Terms and Conditions by submitting an application to CCQ to participate in the Project.
4. The Terms and Conditions outlined in this document have effect as a legally binding contract between CCQ and the organisation.
5. For the avoidance of any doubt, nothing in these Terms and Conditions requires CCQ to accept an organisation’s application to participate in the Project or provide a Marquee to the organisation, including in the event that its application is successful.

Eligibility and requirements for participating organisations

This part of the Terms and Conditions applies to an organisation that submits an application to participate in the Project.

6. All parts of the application form are to be completed and accurate at the time of completing. Any application form that is late or incomplete will not be considered.
7. CCQ reserves the right to disqualify any application at any time at its absolute discretion. CCQ reserves the right to invalidate any entry which it considers to be in breach of these Terms and Conditions.
8. CCQ accepts no responsibility for late, lost or misdirected mail or electronic communication.
9. The closing date for applications is 23 February 2025 at 11.59pm AEST.
10. Successful applicants will be notified by email using the contact details on the organisation’s application form.
11. Should the organisation’s contact details change during the application period it is the organisation’s responsibility to notify CCQ. A request to access or modify any information provided in an application should be directed to sunsmartapplications@cancerqld.org.au.
12. Should the application be successful, the organisation agrees to participate in and co-operate as required with all reasonable CCQ promotional and media requests relating to the Project, including but not limited to, being interviewed and photographed and/or filmed. The organisation agrees to CCQ from time to time using its name, image and/or performance in this Project for any purpose (including publicity, merchandising, editorial, education and fundraising) in any country and by any form of media without qualification (e.g. newspapers, magazines, other print publications, radio and television broadcasts, websites, podcasts, and vodcasts) in perpetuity.
13. If the application is successful, the organisation agrees that it will acknowledge CCQ’s support in any promotion of this Project that is conducted and that such promotion will be in accordance with any brand guidelines and/or promotion requirements that are advised by CCQ.
14. The organisation confirms:
    1. it is a not-for-profit organisation (proof from the Australian Charities and Not-for-profits Commission or equivalent will be required);
    2. it provides services to children aged 0-18 years in Queensland;
    3. it has a current sun protection policy that has been written by the organisation and reflects the organisation’s actions. The policy has been uploaded with the application;
    4. The organisation will be required to participate in the post-Project survey to measure the impact the Project has had on improving sun safety activities in their organisation.
15. CCQ’s decision is final and it will not enter into correspondence regarding unsuccessful applications.

Requirements for successful organisations and acknowledgements

This part of the Terms and Conditions applies to an organisation that CCQ notifies has been successful in its application to participate in the Project.

Arrangements with contractor

16. The organisation understands that CCQ intends to provide successful applicants with a Marquee through CCQ’s contracted supplier, IBS Integrated Branding Solutions Pty Ltd (“IBS”).
17. IBS is solely responsible for the manufacture, supply, and delivery of the Marquee to the organisation.
18. CCQ’s ability to provide a Marquee through the Project is contingent upon the manufacture, supply, and delivery of the Marquee by IBS. CCQ does not have any involvement in those processes by IBS, nor any control or influence over them.
19. CCQ will cover all costs associated with the provision of the Marquee to the organisation by IBS, including delivery costs.
20. CCQ does not have management or control of the Marquee at any time. Once the Marquee is delivered to the organisation by IBS, the organisation assumes sole management and control of the Marquee.
21. CCQ does not make any representations, promises or guarantees to the organisation or any other person in relation to the Marquee.

Specifications

22. The organisation can nominate the number of 3x3m portable Marquees they would like to receive. However, there is no guarantee they will receive the full number of marquees requested.
23. The organisation accepts that choice of colour of the Marquee is not permitted, and the CCQ logo will be included on every Marquee.
24. The organisation understands that it is not to reproduce the CCQ logo from the Marquee, and any intellectual property displayed on the Marquee does not pass to the organisation.

Delivery

25. IBS will deliver all Marquees to the organisation’s address. If the organisation is an island-based organisation it understands that IBS will deliver to the port of choice (as agreed with IBS), and it is the organisation’s responsibility to collect it from there.
26. CCQ will not pay for additional branding or extra screen printing. This can be arranged between the organisation and IBS at the organisation’s own cost.
27. CCQ accepts no responsibility for any incorrect information provided by you which results in a Marquee being unable to be delivered to your organisation.
28. The organisation understands that delivery of the Marquee will be made between the 10 March 2025 and the 12 May 2025. The organisation will be responsible for ensuring it is able to accept delivery of the Marquee during this time frame.
29. The organisation is to notify CCQ within 48 hours that the Marquee has been successfully delivered. Organisations can email sunsmartapplications@cancerqld.org.au to confirm delivery.

Post-delivery

30. The Marquee and any items provided with the Marquee become the property of the organisation upon delivery. All risk will pass to the organisation, and it is the organisation’s responsibility to arrange any insurance in relation to the Marquee.
31. The organisation is solely responsible for the Marquee upon delivery, including the management and control of the Marquee. This extends to any work health and safety management that is required in relation to the Marquee, including, for example, conducting any risk assessments required in relation to the Marquee and the circumstances (including environmental and weather conditions) in which the Marquee is used, handled and stored.
32. IBS requires that the organisation inspect the Marquee within 48 hours of delivery and advise it of any workmanship defects or any missing components.
33. The Marquee comes with a 6-year structural warranty and 1-year fabric warranty from IBS. Under those warranties, the organisation is responsible for ongoing maintenance of the Marquee and must contact IBS with any defect or warranty claims.
34. The organisation acknowledges that the Marquee is intended for temporary use only and is not fit for use as a permanent shade structure.
35. IBS is solely responsible for providing the organisation with information and instructions for the care and safe use of the Marquee. The organisation is solely responsible for acting on any such information and instructions provided to it by IBS.

Indemnity and Release   

36. To the fullest extent permitted by law, the organisation releases and indemnifies CCQ, its directors, officers, employees, volunteers and agents from and against any and all claims, loss, damage or harm (including injury, death, property damage, and consequential loss) that the organisation or any other person may have, directly or indirectly, in connection with or arising from the organisation’s participation in the Project (including any Marquee provided under the Project) and any other matter referred to or in connection with these Terms and Conditions, regardless of whether such claims, loss, damage or harm arises under statute or in tort or otherwise, including as a result of any act, omission, or negligence by CCQ.
37. The above release and indemnity does not extend to any liability for all or part of a monetary penalty under the Work Health and Safety Act 2011 (Qld). It also does not purport to exclude, limit or modify the operation of that Act or any duty owed under it, including by transferring any such duty.

Cancer Council Queensland’s Privacy Collection Statement

We take privacy seriously.  We are committed to respecting your privacy and protecting your personal information.  Your personal information will be provided to IBS Integrated Branding Solutions Pty Ltd if you are a successful applicant. Your personal information will be provided to the Alcohol and Drug Foundation if you consent to this in the application form. For more information on how we collect and handle your personal information please see our Privacy Collection Statement.