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TERMS AND CONDITIONS

Children’s Leukaemia & Cancer Research Foundation (Inc.)
(ABN 42 030 465 053)

Terms and Conditions for Entry into South West Bike Trek, Live & Virtual Rides

DEFINITIONS

“Children’s Leukaemia & Cancer Research Foundation” means the Children’s Leukaemia & Cancer Research Foundation (Inc.) ABN 42 030 465 053 and includes where appropriate Children’s Leukaemia & Cancer Research Foundation employees, agents, contractors and officers.

“Content” refers to photos and blogs uploaded to the Rider’s profile page on South West Bike Trek website.

“Event” or “South West Bike Trek” means either a six day cycling event conducted from South Perth to Augusta, or a virtual ride which commences in October each year .

“The Rider” refers to the eligible entrant/eligible participant in the Event.

EFFECT OF TERMS AND CONDITIONS

These terms and conditions apply to the Event and entry into the Event is deemed acceptance of these terms and conditions.

ENTRY REQUIREMENTS

The Rider must be a resident of Australia by law aged 18 or over or who, if under 18, has sought the express approval of a parent/guardian – who has agreed to all of these terms and conditions – before completing registration in the Event.

The Children’s Leukaemia & Cancer Research Foundation may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration and may seek verification of the above entry requirements in whatever manner it sees fit.

The South West Bike Trek involves either a 600km ride from South Perth to Augusta over a period of six days or a virtual ride whereby the entrant sets a personal ride distance target to achieve. The Rider should seek professional advice from a medical practitioner before setting their personal goal.

HEALTH & SAFETY

The Rider is responsible for ensuring that they have adequately and appropriately prepared both physically and mentally for the Event and by entering the Event, the Rider warrants that they have done so and are not aware of any illness, injury, physical disability or impairment which may cause them injury or death during the Event. If the Rider has any health issues or doubts prior to or during the Event, the Rider warrants that they will immediately seek appropriate medical advice.

If, during the Event, the Rider becomes ill or is injured, the Rider warrants that they will cease participation in the Event until they have sought the advice of a medical professional.

COMPLIANCE WITH STATE/TERRITORY LAWS

During the Event, the Rider will comply with all traffic and road laws in the jurisdiction that they are participating in and any directions issued by officers of the law in their state/territory.

The Rider will wear an Australian standard cycling helmet at all times during the Event while riding a bicycle.

WAIVER AND ACKNOWLEDGMENT

The Rider acknowledges and agrees that cycling is inherently dangerous and that they participate in the South West Bike Trek at their own risk. The risks associated with participating in South West Bike Trek include but are not limited to the risk that:

(a)    the Rider may be involved in a collision with people, animals, vehicles and/or other objects;
(b)    the Rider may suffer harm from physical exertion;
(c)    the Rider’s bicycle may malfunction and the Rider may fall;
(d)    the Rider may otherwise fall from their bicycle; or
(e)    the Rider may suffer from the effects of heat, cold, wind, rain and other weather conditions.

Each of these risks may result in the Rider suffering harm including but not limited to death, physical or mental injury, disability, property damage and economic loss. There may be  other risks to which the Rider may be exposed, including injury caused to other parties or damage caused to the property of other parties. It is the Rider’s responsibility to ensure that they abide by all road and safety rules, including wearing appropriate clothing and safety equipment, such as helmets, brightly coloured vests and lighting, as may be required by  the state and territory laws in the jurisdiction in which they are riding.

RELEASE, INDEMNITY AND LIABILITY EXCLUSIONS

The Rider releases the Children’s Leukaemia & Cancer Research Foundation from all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of the Rider’s participation in the Event and the Rider indemnifies the Children’s Leukaemia & Cancer Research Foundation against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by the Children’s Leukaemia & Cancer Research Foundation in connection with any act, matter or thing done, permitted or omitted to be done by the Rider or which was in any way connected with the Rider’s involvement in the South West Bike Trek.

Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.

The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL. To the extent permitted by s139A of the CCA, the Rider acknowledges and agrees that the Children’s Leukaemia & Cancer Research Foundation excludes all liability in connection with the supply of recreational services for:

(a)    death;
(b)    physical or mental injury;
(c)    the aggravation, acceleration or recurrence of a physical or mental injury;
(d)   the contraction, aggravation or acceleration of a disease; and
(e)    the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of the Children’s Leukaemia & Cancer Research Foundation to comply with a guarantee in sections 60-62 of the ACL.

This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of the Children’s Leukaemia & Cancer Research Foundation in accordance with s139A of the ACL.

The Civil Liability Act 2002 (WA) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. To the extent permitted by law, the Rider acknowledges and agrees that the Children’s Leukaemia & Cancer Research Foundation excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.

Except as expressly included in these terms and conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these terms and conditions.

CONTENT AND DATA

The Rider agrees that while the Children’s Leukaemia & Cancer Research Foundation will provide access to a website to record ride distances in good faith, it cannot be held responsible for the loss of data which may eventuate from the application itself or in transmission between the application and the Event’s website.

The Children’s Leukaemia & Cancer Research Foundation does not claim ownership of Content the Rider may submit or make available for inclusion on www.swbiketrek.com.au.However, with respect to Content the Rider submits, the Rider grants the Children’s Leukaemia & Cancer Research Foundation a worldwide, perpetual, irrevocable, royalty-free and non-exclusive licence, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content for the purposes of promoting the South West Bike Trek.

PRIVACY AND PERSONAL INFORMATION

The Children’s Leukaemia & Cancer Research Foundation collects personal information about Riders to include those Riders in the Event. If the personal information requested is not provided, the Rider cannot participate in the Event. By participating in the Event, each Rider consents to the Children’s Leukaemia & Cancer Research Foundation using and disclosing their personal information to Children’s Leukaemia & Cancer Research Foundation’s agencies and other third parties engaged to provide services in connection with the Event for use for contacting the Rider in relation to the Event and the purposes set out in the privacy policy of Children’s Leukaemia & Cancer Research Foundation available at https://www.swbiketrek.com.au/privacy-policy.

The Rider grants this consent until such a time as they withdraw their consent by giving notice to the Children’s Leukaemia & Cancer Research Foundation. The Rider can also gain access to, update or correct any personal information held by the Children’s Leukaemia & Cancer Research Foundation by contacting the Children’s Leukaemia & Cancer Research Foundation via phone: +61 8 9363 7400 or email [email protected].

By entering the Event, the Rider agrees that:

(a)    they may be contacted by Children’s Leukaemia & Cancer Research Foundation (or an agent of Children’s Leukaemia & Cancer Research Foundation) to provide comments about the Event and Children’s Leukaemia & Cancer Research Foundation (or an agent of Children’s Leukaemia & Cancer Research Foundation) may take photos or recordings of them;

(b)    the Children’s Leukaemia & Cancer Research Foundation may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“the Materials”) for the Children’s Leukaemia & Cancer Research Foundation’s future promotional and marketing purposes without further reference or compensation to them;

(c)    the Children’s Leukaemia & Cancer Research Foundation may duplicate, alter, adapt and utilise the Materials as the Children’s Leukaemia & Cancer Research Foundation wishes at anytime, anywhere and by any means (including communicating them to the public in any media).  The Children’s Leukaemia & Cancer Research Foundation may license, authorise or otherwise transfer the rights in the Materials to others to do the same;

(d)    they grant to the Children’s Leukaemia & Cancer Research Foundation on creation of the Materials a worldwide, perpetual, royalty-free, exclusive and irrevocable licence to use the Materials for whatever purpose it determines;

(e)    they unconditionally and irrevocably:

  1.  consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and
  2.  waive all Moral Rights in the Materials that arise outside Australia; and

(f)    they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials.

GENERAL PROVISIONS

The Rider’s entry into the Event is personal and the Rider has no right to sell or assign that entry.

If for any reason, the Event is not capable of being run as planned, the Children’s Leukaemia & Cancer Research Foundation reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Event.

Any Rider who engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Event or who does not comply with the entry process will be ineligible to participate in the Event.

The Children’s Leukaemia & Cancer Research Foundation reserves the right to disqualify Riders in the event of non-compliance with the Terms and Conditions. The Children’s Leukaemia & Cancer Research Foundation’s decisions in relation to all aspects of the Event are final and binding on each Rider and no correspondence will be entered into.

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