TERMS AND CONDITIONS AND DISCLAIMER AND PRIVACY

Terms and Conditions – 18 August 2024

Updated: 29 July 2012. Updated 20 December 2021. Updated 1 June 2022, 1 July 2024.

THE PARTIES

‘NX’

NX Biz Pty Ltd (ABN 21141818779)

PO Box 1366, Kingscliff NSW 2487, and

NX Sports Community Foundation Ltd (ABN 99145432006) of 

Queensland Office: Suite 4, Level 2 – 215 Wharf Street Spring Hill 4000

New South Wales Operations: 90-92 Chinderah Bay Drive Chinderah NSW 2487

Phone: 1300282949 Email: growth@nxsports.org Web: www.nxsports.org

And

‘You’, ‘Your’, ‘I’, ‘They’

The party who is a Participant, or who completes an Entry, or who obtains a Ticket, or who makes an Application, or who uses our Systems, or who is an Attendee, or who is a User, or who is a Purchaser

DEFINITIONS

Application: is when a party applies for paid or unpaid Event pending an approval by NX

Attendee: is a party that attends an Event or is virtually involved in an Event

Charge: is a cost passed onto the Party

Charity and Fundraising: are activities to support charities and raise funds for causes

Consultancy: is when NX has agreed to provide services to a third party

Credit: is a dollar value voucher for a prize, or a award, or for an Event

Entry: is a for Party to participate in an Event

Event: is a competition, or an activity, or a promotion, or a virtual activity, or an activation

Fee: is the price to participate noting the GST amount

Force Majeure: means any act, or cause which is beyond the reasonable control of the NX

Levy: is a cost of a service

Medical Certificate: is a certificate issued by a qualified medical practitioner

NX: is an Event organiser, or Consultant

Participant: is a party who participates in an Event

Price: is the total amount paid in Australian Dollars domination

Refund: is the return of the Price paid to the Purchaser

Purchase: is the buying of merchandise, equipment, insurances, entries

Rules and Regulations: govern Events when Sanctioned by Triathlon Australia and or AusCycling, or the rules and regulations of NX

Sanction: means an endorsement by AusTriathlon or AusCycling or another Peak Body in accordance with their rules and regulations

Service: NX provides a range of services to Events and Parties

Systems: are the tools, NXsys that manage Entries, Purchases

Terms and Conditions: defines the agreement between the Parties

Third Party Event: is when NX has agreed to produce an Event for another organisation, or business or person

Ticket: is an entry for a paid or unpaid Party into an Event

Transfer: is when a Party is moved from one Event into another Event

User: is a Party that uses our systems

Under 18 Years Age: means You, Your, I, They who is under the age of 18 years authorised to be Party by a legal guardian or parent who is over the age of 18 years

Understanding: the arrangement between You, Your, I, They and NX, where NX provides a Service, Event, which is delivered with best endeavours

Website: the use and access of web pages, web sites and web sites are subject to these Terms and Conditions

Withdrawal: the written notification to withdraw from an Event

‘You’, ‘Your’, ‘I’, ‘They’: is a party who is a Participant, or who completes an Entry, or who obtains a Ticket, or who makes an Application, or who uses our Systems, or who is an Attendee, or who is a User, or who is a Purchaser (And they may be an individual, an athlete, a community person, a volunteer, a crew member, a team captain, a team member, an employee)

‘YOU’, ‘YOUR’, ‘I’, ‘THEY’ AGREES:

Participation General

• 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 participants, accidents with spectators, accidents with road users, drowning, use of courses, hazardous weather conditions and other unexpected causes.
• I understand that I should not participate unless I have prepared myself to an expected standard required to participate, and my physical and mental condition has been verified by a medical practitioner as being of a high personal health standard to endure 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 without payment.
• 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 agree to participate according to Rules and Regulations of Peak Sporting Bodies and NX.
• I agree that the use of any form of headphone listening device is not permitted during the Event.
• I agree to ‘wear’ and affix personal identification as provided by the Event.
• I agree to remove my event identification when requested and or when I withdraw from the event.

Participation on Closed Roads and Paths and Spaces

• I accept that closed roads, paths, venues and spaces does not guarantee any standard of safety or security.
• I accept that I must use my own judgement and conduct myself in a manner that keeps me safe.

Participation on Open Roads and Paths and Spaces

• I accept that my participation on roads, paths, venues and spaces that are not closed, and are considered open and shared with other users, vehicles has a significantly increased risk.
• I accept that my use of open and share roads, paths, venues, spaces demands my full attention, and extra safety considerations, behaviours to ensure my wellbeing.
• I accept that I must use my own judgement and conduct myself in a manner that keeps me safe.

Participation in Water

• I accept that any participation in water is dangerous.
• I accept that any participation in open water at beaches, rivers has risks that can not be managed due to the uncontrolled nature of water.
• I agree that the provision of water safety service does not guarantee my well-being.
• I accept that I must use my own judgement and conduct myself in a manner that keeps me safe.

Participation Speed

• I agree that I must be able to maintain a minimum overall average speed as advertised in the event technical guide. Progressive closing times for locations along the event will be noted in the technical guide.
• I agree if the I fall behind these closing times, I must either board the support vehicle for transportation further along the route or make private arrangements to safely leave the event.
• No refund or credit will be available if I fail to meet the minimum speeds.

Participation Ebike or Other Technology or Equipment (unless excepted in the technical specifications for a particular event)

• I agree only electric power-assisted bicycles, unicycles or tricycles are permitted in the Event.
• I agree engines, scooters, capable of generating over 250 watts are not permitted on the Event.
• I agree e-bikes must comply with Australian Standards with a top assisted speed of 25km/hr.
• I agree riding on a tagalong, in a bicycle trailer or child seat is not permitted.
• I agree personal, public, private support vehicles are not permitted in the event.
• I agree animals are not permitted in the Event.

Waiver

• 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.

Indemnity

• I hereby indemnify and release Queensland Sports Management Pty Ltd, NX Sports Community Foundation Limited, NX Biz Pty Ltd, AusTriathlon 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 deems necessary before, during or after the Event.
• I understand that medical treatment provided to me on Event courses and venues may be 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.

• I accept it my responsibility bring to my own medical treatments and carry with myself at all times, including the instruction for a third party in the event I am unconscious.

Entries, Tickets, Applications, Withdrawals, Refunds

• 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
• 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 $15.
• I agree if I update my Entry, I am not eligible for a Refund or a Credit for the difference unless over $15.
• I accept NX may purchase abandonment insurance 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 must provide in writing to sales@nxsports.orga medical certificate prior to the Event starting, to be eligible for an 50% Refund up 48 hours prior to the Event, and after 48 hours prior to the Event only a Credit will apply.
• I accept if I Withdraw due to non-medical reasons I will provide a request in writing to sales@nxsports.organd agree to the following calculations, knowing that NX has expensed a portion of my Fee to establish, market, operate the Event

1. 1. Withdrawal 45 days or more prior to the Event I will receive an 80% Refund or 100% Credit
   2. Withdrawal 14-44 days prior to the Event I will receive a 50% Refund or 100% Credit
   3. Withdrawal 13 days or less prior to the Event I will receive no Refund and 100% Credit
   4. Withdrawal 48 hours or less prior to the Event I will receive no Refund and no Credit.

Charges, Levy

• I accept NX may apply a Levy cost for a service which will be declared on the Website and on the invoice prior to payment.
• I accept NX may Apply a Charge to recover transactional cost which will be declared on the Website and on the invoice prior to payment.

Programming

• 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.

Conduct

• 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 participants 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 and Police.

Purchase

• I accept NX through its Systems and Websites will promote items such as merchandise, accommodation for sale.
• I accept NX may offer third-party service or product and such purchases will be subject to the terms and conditions of the third-party.
• I accept NX will apply a Charge to each item which will be declared on the Website and on the invoice.
• I accept some personalised items will not be returnable, and the Price cannot be refunded.
• I accept some purchases cannot be refunded.

Website

• I agree to use the web pages, web content in accordance with these Terms and Conditions.
• I agree to read all details on the website before making a Purchase.
• I agree that NX Websites and Systems will use cookies to improve their performance.

Virtual

• NX may include a virtual Event where Parties can participate from any location using their phone and our Systems.
• Parties participating virtually accept all risks and must consider their own safety and own medical requirements when they decide the location, venue, course and agree to indemnify NX for any arising liability.
• Parties participating virtually agree to abide by local traffic laws, use of property laws and will not bring the Event into disrepute.

Privacy Policy

• NX agrees to control its use of Participant’s personal information and acknowledges that providing personal information is an act of trust.
  1. NX will only collect personal information for its functions or activities.
  2. NX will only collect personal information by lawful and fair means through its Entries and Applications and use of its web information systems.
  3. NX will normally collect personal information including name, address, age, date of birth, gender, phone, email, emergency contact and medical information.
  4. NX will only share personal information to effectively operate the Event and for insurance purposes and data reporting.
  5. NX will not share personal information to third parties for marketing.
  6. 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.
  7. 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.
  8. NX will provide systems for Parties to ‘opt out’ of marketing campaigns but retains the personal information for communicating Event necessary information.
  9. NX will publish public accessible information (start list, finish results, timed results, championship ladders) including a Participant’s names, age.
  10. NX will not provide personal information to sponsors or partners.
  11. NX will compile data for research purpose and include some personal information.
  12. NXsports does not sell, rent or trade personal information to or with third parties, unless necessary such as for fundraising.
  13. Under the Privacy Act, you have a right to seek access to information which NX records, and may request the same to be deleted.
  14. You have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
  15. 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.

Charity and Fundraising

• I agree NX will for some Events offer a fundraising option for charitable causes and may integrate a non-NX system into the point-of-sale system, and some information will be shared in accordance with the fundraising platform terms and conditions.
• NX will declare on the website when your details are shared with a fundraising platform.

Third Party Events or Services

• I agree NX may under a contract or an agreement with a third-party individual, association, event, company or entity agree to provide event or sports management services, and or point of sale systems, marketing services, and the Party agrees to participate on the same terms as described herein these NX terms and conditions. The Party accepts that previous terms, conditions are superseded by these NX terms and conditions.
• I agree that NX will share my personal details with the entity that owns the Event.

Non-Participant Information

• 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.

CONTACTING NX

If you have any questions or comments about these terms and conditions, disclaimer, or privacy policy, or if you wish to complain about how we have handled personal information, please contact: (a) By telephone: 1300 282 949 or (b) By e-mail: growth@nxsports.org.