TERMS AND CONDITIONS AND DISCLAIMER AND PRIVACY
Terms and Conditions – 29 July 2012. Updated 1 June 2022.
NX Biz Pty Ltd – ABN 21141818779 PO Box 1366, Kingscliff NSW 2487
NXsports Community Foundation Ltd ABN 99145432006
Queensland Office Suite 2 215 Wharf Street Spring Hill 4000
New South Wales Operations Centre 90 Chinderah Bay Drive Chinderah NSW 2487
You, Your, I
The person or party participating, or entering, or obtaining a Ticket, or making an Application
Application: a nomination for an activity paid or unpaid
COVID: recognised verification of COVID19 illness
Credit: a voucher for prizes, awards, entry, Ticket
Event: a competition, activity, promotion
Fee: total amount paid in Australian Dollars Domination
Force Majeure: meaning any act, or cause which is beyond the reasonable control of the NX
Medical: exception certificate issued by a medical practitioner
NX: the Event organiser and promotions organisation
Participant (You, I, Your) : person or party participating, or entering, or obtaining a Ticket, or making an Application as an individual, athlete, community person, volunteer, crew member
Under 18 Years Age: the entry, Application for a person under the age of 18 years completed by a legal guardian or parent who is over the age of 18
Sanction: endorsement by Triathlon Australia or AusCycling or other Peak Bodies in accordance with their rules and regulations
Refund: return of unused Fee to establish, market, build, operate an Event in the weeks prior, during and post.
Rules and Regulations: participation governed by Triathlon Australia rules, regulations and or AusCycling rules, regulations, and or other Peak Body rules, regulations
Terms and Conditions: the conditions that guide and effect the relationship between the participant and NX
Ticket: for an Event paid or unpaid
Transfer: entry, Ticket, Applications moved from Event into another Event
Understanding: the arrangement between You and NX, where NX provides a service, Event, sport which the participant agrees and authorises the paid Fee to proportionately establish, market, build, operate an Event in the weeks prior, during and post.
Withdrawal: the notification by a Participant to stop participating in writing.
The Participant (You, I, Your) agrees:
- I accept that my participation may seriously injure me or cause my death from dehydration, physical stress, personal health failure, equipment failure, accidents with other partipcants or spectators or road users, drowning, injury from racecourses, weather conditions and other unexpected causes.
- I understand that I should not participate unless I have prepared myself to an expected standard, and my physical and mental condition has been verified by a medical practitioner as being of a high personal health standard to injure the expected stresses.
- I acknowledge that the leading cause (more than 90%) of non-traumatic sudden death in competition is related to a pre-existing cardiac abnormality and I will seek medical advice for the same in advance of participating.
- I consent to NX using my name, image and likeness before, during or after the Event for Event promotional broadcasting or reporting purposes in any media.
- I am fully responsible for the security of my personal possessions, valuable items at the Event and agree NX will not be liable for replacement of any personal possessions at any time or in any location.
- I agree to participate in accordance with the State, Federal Laws; and will accept and comply with Council, Police permit conditions.
- I acknowledge participating in Events may expose me to risks to my well-being, and I accept NX cannot prevent my exposure to all risks.
- I accept my participation could result in loss of my life or my permanent injury, and I release all persons or corporations associated directly or indirectly with the conduct of the Event from all claims demands and proceedings.
- I accept a force majeure (meaning any act, or cause which is beyond the reasonable control of NX, including any act of God, strike, lock-out, act of public enemy, civil commotion, war, blockade, riot, state of emergency, fire, earthquake, storm, flood, wash-out, explosion, government restraint or any form of government intervention or epidemic or pandemic) NX may cancel the Event or change how the Event is scheduled or delivered and/or change certain elements of the Event, and accept I have no claim against the NX for any loss or damage related to cancellation or changes to the Event including but not limited to any travel, accommodation, training, medical, equipment and apparel costs.
- I agree that if a Force Majeure occurs, NX shall use reasonable endeavours to attempt to deliver the Event but shall be under no obligation to do so.
- I hereby indemnify and release Queensland Sports Management Pty Ltd, NXsports Community Foundation Limited, NX Biz Pty Ltd, Triathlon Australia Inc., Triathlon Queensland Inc., Queensland Cyclists Association Inc., AusCycling – Australian Cycling Federation Inc., and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of the Event is conducted or which is involved directly or indirectly with the Event in any manner whatsoever and promoters, sponsors and Event organizers, against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation in this Event. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.
Safety and Medical
- I consent to receive all forms of medical treatment and or be transported and or be placed in a medical facility as NX think necessary before, during or after the Event.
- I understand that medical treatment provided to me on Event courses and venues maybe limited given the isolated location, limited resources, access and timing.
- I understand that insurance cover affected for an Event Participant may not cover me for any or all injury, medical costs, loss or damage, or loss of income sustained by me.
- I accept it my responsibility to provide to the Event or make written communication to NX my medical or physical conditions from which I suffer that might affect my participation or be relevant if I require medical treatment.
- I accept the risk of participating despite my medical or physical conditions, and that NX will use its best endeavours to provide medical assistance, but if I am unconscious, NX will rely on my provided information.
- I accept the safety precautions undertaken by NX (such as race course design, race course supervision, race safety briefings) are a service to me but are not a guarantee of safety.
- I accept my responsibility to anticipate, expect and mitigate risks in the Event by not placing myself in harm’s way.
Entries, Tickets, Applications, Withdrawals
- I agree my Entry or Ticket or Application is not Transferable to any other person or party.
- I accept that I will be charged a replacement Fee to my credit card for failing to return in good condition my timing chip, or any loaned equipment to the Event.
- I agree NX may use my Fee for Event expenses that cannot be stopped despite my Withdrawal.
- I agree NX may retain my Fee to offset these expenses regardless if the Event is delivered.
- I agree that NX may postpone or modify the Event due to any reason and there will not be a Refund of my Fee.
- I agree NX may postpone the Event to a new date and I will automatically Transfer to the new Event date and then these terms and conditions will reapply.
- I agree that any Credit I receive cannot at a later point be converted to cash.
- I agree any voucher or prize will expire within 12 months of the date of issue and can not be Transferred, nor converted to cash, and must be used for a single transaction.
- I accept that if I do not complete the full Event, I am not eligible for a Refund or Transfer or Credit.
- I agree if I update my entry, I will pay the difference in price if over $10.
- I agree if I update my Entry, I am not eligible for a Refund or a Credit for the difference unless over $20.
- I accept NX may purchase abandonment insurance for major Events and if a settlement occurs, any Refunds or Credit will be pursuant to the conditions of the underwriter.
- I accept if I Withdraw due to medical reasons including COVID illness, I will provide in writing to email@example.com a medical certificate, or a lodged Federal Government COVID result to be eligible for an 80% Refund after deduction of costs which includes an administration processing Fee and banking charges.
- I accept if I Withdraw due to non-medical reasons I will provide a request in writing to firstname.lastname@example.org and agree to the following calculations, knowing that NX has expensed a portion of my Fee to establish, market, operate the Event
- Withdrawal 45 days or more prior to the Event I will receive an 80% Refund or 100% Credit
- Withdrawal 14-44 days prior to the Event I will receive a 50% Refund or 100% Credit
- Withdrawal 13 days or less prior to the Event I will receive no Refund and 100% Credit
- Withdrawal 48 hours or less prior to the Event I will receive no Refund and no Credit.
- I agree to abide by all rules and directions issued by the Peak bodies in the State in which the Event occurs, and or the National Sporting Organisation, and or the National Event organisation.
- I accept the NX may change the Event format, program, course, duration or other race conditions at their discretion, and this agreement applies to the changed conditions.
- I understand that all Events, courses, venues remain subject to final approval conditions of the stakeholders, Police, and Council.
- I accept if a minimum number of ten (10) participants do not enter a category, NX may alter the prizes at any time at their own discretion.
- I accept that for a Triathlon, if the swim is cancelled a duathlon will programmed.
- I acknowledge that there may be a minimum speed required to complete this Event, and that if I do not meet a time curfew, I will not be able to complete my ride/race.
- I consent to photographs and electronic images being taken of me before, during or after the Event by an official representative and agree these are owned by the NX.
- The Event organiser is not responsible for photographs and electronic images taken by unauthorised persons
- I have selected to receive the NX newsletter, marketing and Event updates electronically and I can unsubscribe at any time.
- I agree NX reserves the right to accept or not accept the involvement of participants, sponsors, volunteers or other persons or entities in an Event.
- I agree that NX can penalise, withdrawn, ban, take legal action against partipcants and parties that defame, discredit, inflame, agitate, discriminate, threaten, bully, abuse undermine, troll, and NX will report the matters to other Event companies or Peak Bodies.
- NX agrees to control its use of Participant’s personal information and acknowledges that providing personal information is an act of trust.
- NX will only collect personal information for its functions or activities.
- NX will only collect personal information by lawful and fair means through its Entries and Applications and use of its web information systems.
- NX will normally collect personal information including name, address, age, date of birth, gender, phone, email, emergency contact and medical information.
- NX will only share personal information to effectively operate the Event and for insurance purposes and data reporting.
- NX will not share personal information to third parties for marketing.
- NX will share limited personal information to contracted suppliers when necessary to deliver an Event such as timing of results, production of photography, personalised printing, mailing, insurance.
- NX will use personal information its direct marketing campaigns, communications via various mediums including email, direct mail, phone calls, social media, new media and SMS.
- NX will provide systems for Participant’s to ‘opt out’ of marketing campaigns but retains the personal information for communicating Event necessary information.
- NX will publish public accessible information (start list, finish results, timed results, championship ladders) including a Participant’s names, age.
- NX will not provide personal information to sponsors or partners.
- NX will compile data for research purpose and include some personal information.
- NXsports does not sell, rent or trade personal information to or with third parties.
- Under the Privacy Act, you have a right to seek access to information which NX records.
- You have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
- NX will use its best endeavour to protect your personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure.
- NX will collect personal information in some activities for those who are not members, or who are not participants, or who are not our direct customers.