Terms & Conditions | thebeverleyheroic

Terms and Conditions

Riders and Public Insurance

1. IMPORTANT INFORMATION

All participants agree to have insurance coverage for the activities they undertake.

2. HEROIC RECREATIONAL RIDES

Cycling Australia or Westcycle Ride Membership is accepted.

Insurance for those without Cycling Australia or Westcycle Ride Membership is provided on an event only basis by Westcycle Ride Membership. Policy wording and PDS https://westcycle.org.au/ride-membership-information/

3. BEVERLEY RACE

Cycling Australia Membership or temporary membership is accepted.No license no ride.

4. CYCLOCROSS

Mountain Bike Australia and Cycling Australia membership are accepted. A temporary event only membership is required and available for non-members.

5. RETRO BIKE SHOW

The public are welcome to attend this event under the Public Liability of the WA Historical Cycle Club and Shire of Beverley.

6. PUBLIC EVENTS- SPECTATORS, CAMPING

The public are welcome to attend these free activities and accept all liabilities.

Mates Rates promotion

Eligible to any rider
10% Discount for Sunday Classic Ride via Coupon code
Only 1 discount code per rider
Submission will be verified and non compliance to questions or conditions will make the entry null and void
Submissions are open until and including 31 July 2020

Refunds

Full Refunds will be given up until Midnight Friday 9 October 2020. No refunds after this date.

General Terms & Conditions

1. IMPORTANT INFORMATION

This Site is operated by the South Perth Cycle Club and the Beverley Heroic. These Terms govern your use of our website located at www.theheroic.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and South Perth Cycle Club.

By registering for this event you agree to be contacted by Beverley Heroic and receive crucial information about the ride.

For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on mrvesparazzi@gmail.com

If you do not agree to the Terms, please do not use the Site.

2. DEFINITIONS

In this Agreement, unless the context indicates a contrary intention:

“Agreement” means these Terms and includes the Privacy Policy
“Links” refers to hyperlinks and pointers to sites operated by third parties.
“Persons” includes an actual person, corporate entity, trust or business of any kind whatsoever.
“Privacy Policy” means the Privacy Policy of the Beverley Heroic as herein set out.
“Terms” refers to these terms and conditions and the Privacy Policy as amended from time to time.
“User” means both those persons who visit the Site on a one-off basis and those persons who use the Site on a regular basis.
“Site” refers to the website located at www.theheroic.com.au
“you” means the User of this Site.
the words “Beverley Heroic”, “the Heroic”, “we”, “our” and “us” refers to The Beverley Heroic bike weekend.

3. LICENCE TO USE SITE

3.1 We grant you a non-exclusive, world-wide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

3.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use in accordance with clause 7 of this Agreement.

3.3 You must not add any content to the Site:

(a) Unless you hold all necessary rights, licences and consents to do so;

(b) That would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c) That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d) That would bring us, or the Site, into disrepute; or

(e) That infringes the intellectual property or other rights of any person.

3.4 The Site may contain Links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated material or any content available on any linked website.

3.5 You acknowledge and agree that:

(a) We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion in accordance with this Agreement; and

(b) The Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

4. MODIFICATIONS AND NEW TERMS AND CONDITIONS

Beverley Heroic may modify these Terms at any time without notice to you, and such modifications shall be effective immediately. The most current version of the Terms and can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of the main page of the Site.

Should you object to any of the Terms or any subsequent modifications your only recourse is to immediately discontinue your use of the Site.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, unless otherwise stated, we own all intellectual property rights in the Site.

5.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

5.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

5.4 The licence in clause 5.2 will survive any termination of these Terms.

5.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 5.2 and 5.3.

6. COPYRIGHT AND TRADEMARKS OF THIRD PARTIES

Other trademarks and material may be displayed on the Site belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing displayed on the Site should be construed as Beverley Heroic granting any licence or right of use of any logo, masthead or trade mark displayed on the Site without the express written permission of the relevant owner.

7. INFORMATION FOR PERSONAL, NON-COMMERCIAL USE ONLY

You acknowledge and agree that the information published by Beverley Heroic on the Site provides general information only and may not be sold, redistributed or used for any commercial purpose for unsolicited commercial correspondence. You may download material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software. You must not use this Site for any purpose that is unlawful or prohibited by the Terms.

8. INFORMATION DOES NOT REPRESENT PROFESSIONAL ADVICE

You acknowledge and agree that the information published by Beverley Heroic on the Site provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions or taking any action as a result of those decisions.

9. USER WARRANTIES

9.1 You represent and warrant to us that:

(a) You have the legal capacity to enter this Agreement; and

(b) You have complied with clause 3.3.

10. DISCLAIMER OF WARRANTIES

The Site is provided on an “as is”, “as available” basis without warranties on our part of any kind, express or implied. No information provided shall create a warranty; nor shall members or visitors to the Site rely on any such information or advice. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

11. DISCLAIMER OF LIABILITES

11.1 The User assumes all responsibility and risk for the use of the Site and any Links on the Site.

11.2 We accept no liability or responsibility to any person as a consequence of any reliance upon the information contained in the Site and to the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

11.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) In the case of goods:

(i) The replacement of the goods or the supply of equivalent goods;

(ii) The repair of the goods;

(iii) The payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) The payment of having the goods repaired, and

(b) Tn the case of services:

(i) The supply of the services again; or

(ii) The payment of the cost of having the services supplied again.

11.4 Under no circumstances, including negligence, shall anyone involved in creating or maintaining the Site be liable for any direct, indirect, incidental, special or consequential damages, or loss of profits that result from the use or inability to use the Site and/or any other websites which are linked to the Site nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Site; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorised access.

12. NO GUARANTEES OR ENDORSEMENTS

Beverley Heroic does not endorse guarantee warrant or represent any services or products offered by a business or organisation featured on the Site nor does Beverley Heroic have any responsibility or liability for the quality or performance of any third-party product or service offered through this Site. The purchase of any goods or services by users of this Site from any of the businesses featuring on this Site is a transaction solely between the User and that business or organisation and disputes arising from such transactions are to be resolved between the User and the business. Beverley Heroic is not a party to any transactions between the User and a business including payment for or delivery of any goods or services and is not acting as an agent for the User or the business.

13. NO THIRD-PARTY ENDORSEMENTS OR LIABILITY

13.1 Links may appear on this Site from time to time. These Links do not form part of this Site and Beverley Heroic is not responsible for the information, advertising, products, resources or other material, of any Links on the Site and in no event shall Beverley Heroic be liable, directly or indirectly, to anyone for any damage or loss arising from or occasioned by the creation, use or reliance, on the Links or the information, advertising, products, resources or material accessed through these Links.

13.2 You acknowledge that if you enter a third-party website via one of these Links you leave the Site and do so entirely at your own risk.

13.3 If you contact a third-party using functionality provided on this Site, including via e-mail, Beverley Heroic accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

13.4 Beverley Heroic reserves the right to terminate any link or linking program at any time.

14. NO GUARANTEES AS TO THE SERVICE

Beverley Heroic provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected.

15. ACCURACY OF INFORMATION

15.1 Beverley Heroic does not warrant or represent and cannot guarantee that that the information on this Site is current, accurate and free from omissions or errors, including but not limited to business names, addresses, telephone or fax numbers, email addresses, website addresses, or business descriptions, at the time of your access.

15.2 Beverley Heroic takes no responsibility for matters arising from changes to circumstances or other information or material which may affect accuracy or currency of information on this Site.

16. OUR RIGHTS TO USE INFORMATION YOU SEND US

Beverley Heroic is always pleased to receive your comments and suggestions our services and this Site however, any information you provide through this Site or in response to any content on this Site such as comments, suggestions and ideas will be considered non-proprietary, non-confidential, and our property, unless otherwise agreed in writing with us prior to you submitting the information. In the absence of such written agreement prior to the submission of the information, Beverley Heroic and its designees may use any this information without restriction, and are granted without limitation, the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for us to license others to do the same. If we receive a information that contains personally identifying information about the provider, such as their name, address and telephone number, our Privacy Policy will govern how we’ll use or disclose this information.

17. POLICY REGARDING REFUND REQUESTS

You acknowledge and agree that any request made by you regarding a refund of a donation made by you to Beverley Heroic must be in writing and will be considered by the Committee of Beverley Heroic on a case by case basis. Beverley Heroic reserves the right to refuse any request.

18. TERMINATION

18.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.

18.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

19. GENERAL

19.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

19.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

19.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

19.4 This Agreement is governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia

THE BEVERLEY HEROIC PARTICIPANT AGREEMENT

I wish to participate in the Beverley Heroic benefiting the South Perth Cycle Club, scheduled for the 17th & 18th of October 2020, as well as various pre/post-event activities including, without limitation, one or more training rides (the "Event").
By signing this Participant Agreement freely and voluntarily, I warrant and represent to the South Perth Cycle Club that:
1. I have read and understood the terms of this Participant Agreement;
2. I satisfy the eligibility to participate requirements provided in clause 2 below;
3. I agree to abide by all rules, regulations, and event instructions of the Event, as well as all applicable municipal and state laws and regulations; and
4. I acknowledge and agree that if I am accepted to participate in the Event, I must comply with the terms and conditions of this Participant Agreement.
Eligibility to participate:
1. I represent and warrant that I will be at least 16 years old at the time of the Event. If I am under the age of 18 at the time of the Event, I understand that I MUST have a guardian accompany me on the event as a fellow, registered participant.
2. If I am under 18 years of age, I understand that a parent or guardian must accept and ackowledge this Participant Agreement on my behalf.
3. I acknowledge and accept the event references and considers the suggested age restriction guidelines of Cycling Australia in relation to the participation of children, where it states for both recreational and competitive streams, the maximum duration or exposure to any event must not exceed 3 hours duration and a massed start of 70 kilometres which the South Perth Cycle Club have taken in to consideration with the age policy, restricting children under 16 years of age at the time of the event to participate.
To the extent permitted by law, I release any person, entity or body directly or indirectly associated with the Event (the Indemnified Persons) from all or any claims, demands, proceedings, action, suit, damage, penalty, cost or expense however arising including but not limited to negligence (Claims) that I have or may have had but for this release arising out of or connected with my participation in the Event, and I indemnify the Indemnified Persons and will keep the Indemnified Persons indemnified in respect of any Claims by any person including another participant in the Event arising out of or connected with my participation in this Event. This release and indemnity continues indefinitely and binds each of your heirs, successors, executors, administrators, personal representatives and assigns.
I acknowledge that I am participating in the Event at my own risk and:
1. I acknowledge that participating in the Event may involve a real risk of physical or mental injury (including aggravation, acceleration or recurrence of such an injury) or death from various causes including but not limited to overexertion, heart attack, dehydration, accidents, falls, contact with other participants, objects, bicycles and vehicles, the effects of weather, traffic, and the conditions of the streets and routes used by the Event, and I assert that my participation in this Event is voluntary;
2. I acknowledge that I, and I alone, am solely responsible for my personal health and safety;
3. I attest that I am physically capable of, and have sufficiently trained for, completing each respective element of the Event;
4. If I am aware of under treatment for any physical infirmity, disorder, ailment, or illness, my medical care provider has been appraised and has approved of, my participation in this Event;
5. I consent to receive medical treatment which may be advisable in the event of illness or injuries by me during this Event, and I agree to pay the costs of any such medical treatment;
6. I acknowledge that I am responsible for any travel and medical insurance and for payment and/or reimbursement of medical or surgical expenses incurred by me as a result of my participation in the Event;
7. I acknowledge that I have sole responsibility for my personal possessions prior to, during and after the Event and related activities; and
8. I accept that my participation in the Event is subject to the sole discretion of the organisers of the Event, and that my participation may be limited or terminated and that the South Perth Cycle Club reserves the right to cancel or vary the Event, for any reason.
I give permission to the South Perth Cycle Club and each of its respective affiliates, subsidiaries and agents, for no fee or remuneration, the use of my name, photograph, voice, or likeness, in any broadcast, telecast, advertising promotion, or other account of the Event and marketing or promotion for future or similar events, and waive any rights of privacy I may have in regard, and I understand and consent that I will periodically be receiving communications related to my participation in the Event.
THIS WAIVER AND RELEASE SHALL BE INTERPRETED AND THE RIGHTS OF THE PARTIES DETERMINED UNDER THE LAWS OF THE STATE OF WESTERN AUSTRALIA. THE COURTS OF WESTERN AUSTRALIA SHALL HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE ARISING UNDER, OR PERTAINING TO, THIS PARTICIPANT AGREEMENT.
To the maximum extent permitted by law, unless expressly provided in these Terms and Conditions, all implied terms, conditions, warranties and any other additional obligations are excluded from these Terms and Conditions. If any legislation implies into these Terms and Conditions any term, condition, warranty or additional obligation that cannot be lawfully excluded, then that term, condition, warranty or additional obligation will be included in these Terms and Conditions only to the extent required by the relevant legislation, but each party’s liability in respect of any breach of that term, condition, warranty or additional obligation will be limited to the maximum extent (if any) permitted by that legislation.
I have carefully read this Participant Agreement and fully understand its contents. I am aware that this is a release of liability and a binding contract between myself and the persons and entities mentioned above, and I sign it on my own free will. I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this participant Agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of a liability to the greatest extent allowed by law.
If a provision of this Participant Agreement is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from this Participant Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Participant Agreement.

Declaration

By proceeding with your registration, you agree to the participation conditions listed above and confirm your acceptance of them.

Privacy

Our privacy commitment

The South Perth Cycle Club is committed to handling your personal information in accordance with our Privacy Policy and the Australian Privacy Principles.

This Privacy Policy summarises how we handle your personal information. We may revise this Privacy Policy from time to time by updating this page. The revised Privacy Policy will take effect when it is posted on our website.

What is personal information?

Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and
whether the information or opinion is recorded in a material form or not

The types of personal information we collect may include your name, date of birth, gender, contact information and credit/debit card information.

Whose personal information do we collect?

We collect personal information from people who are connected to our operations and activities – including employees, donors and volunteers

How do we collect your personal information?

Where possible, we will collect your personal information directly from you. This may be in person (for example, when you attend an event), on the telephone (for example, if you are contacted by our telemarketers), or online (for example, if you donate or you sign up for an event online).

Why do we collect your personal information?

We may collect your personal information for a number of purposes, including:

Marketing: to communicate with you about donations, campaigns, causes and events
Volunteering and other support: to enable you to assist us with volunteering, community fundraising, advocacy and other activities where we seek the community’s assistance
Other issues: communicating with you in relation to our operations, activities and objectives, to verify your identity and to comply with relevant laws.

Where we collect your personal information for a specific purpose not outlined above, we will provide you with a collection notice which explains the primary purpose and any related secondary purposes for which we are collecting your personal information.

What happens if you don't provide all this information?

If you do not provide some or all of the personal information requested, we may not be able to offer you a receipt for a donation or provide you with information about our causes, events, programs and projects.

Using a pseudonym or engaging with us anonymously

Where practicable, you will be given the opportunity to engage with us on an anonymous basis, or using a pseudonym.

Website usage information and cookies

When you access our website, we may use software embedded in our website (such as Javascript) and we may place small data files (or cookies) on your computer or other device to collect information about which pages you view and how you reach them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you.

A cookie does not identify individuals personally, but it does identify computers. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.

Opting out of direct marketing communications

Where we use your personal information to send you marketing and promotional information by post, email or telephone, we will provide you with an opportunity to opt-out of receiving such information. By electing not to opt-out, we will assume we have your implied consent to receive similar information and communications in the future. We will always ensure that our opt-out notices are clear, conspicuous and easy to take up.

If you do not wish to receive direct marketing communications from us, please contact us at South Perth Cycle Club c/- 30 Commonwealth Avenue North Perth 6006 or email us at mrvesparazzi@gmail.com

To whom does the South Perth Cycle Club disclose your personal information?

We do not share your information with any other organisation.

Where is your personal information stored?

We take all reasonable steps to protect all of the personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. Your personal information will be stored on a password protected electronic database, which may be on our secure servers, a database maintained by a cloud hosting service provider or other third party database storage or server provider. Backups of electronic information are written to drives which are stored offsite in controlled facilities.

Hard copy information is stored in our offices, which are secured to prevent entry by unauthorised people. Only authorised staff has access to your personal information. We require our employees to respect the confidentiality of any personal information held by us and that they abide by our confidentiality policy and procedures.

Where personal information is stored with a third party, we have arrangements which require those third parties to maintain the security of the information. These organisations are also bound to adhere to the privacy requirements under the relevant legislation. We take all possible steps to protect the privacy and security of that information, but we are not liable for any unauthorised access or use of that information. Your personal information will stay on the database indefinitely until you advise you would like it removed, unless we de-identify it or destroy it earlier in accordance with privacy law requirements.

Your direct debit or credit cards

Handling and storage of this information is subject to compliance requirements with Payment Card Industry Data Security Standards (PCI-DSS) as well as the Australian Privacy Principles. We use Secure Socket Layer (SSL) certificates which is the industry standard for encrypting your credit card and debit card numbers, your name and address so that it cannot be viewed by any third party over the internet. Your financial information is encrypted on our servers and access to this information is restricted to our authorised staff only.

Access to your personal information

We will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we request that you identify, as clearly as possible, the type(s) of information requested. We will deal with your request to provide access to your personal information within 30 days .Your rights to access personal information are not absolute and privacy laws dictate that we are not required to grant access in certain circumstances such as where:

access would pose a serious threat to the life, safety or health of any individual or to public health or public safety
access would have an unreasonable impact on the privacy of other individuals
the request is frivolous or vexatious
denying access is required or authorised by a law or a court or tribunal order
access would be unlawful, or
access may prejudice commercial negotiations, legal proceedings, enforcement activities or appropriate action being taken in respect of a suspected unlawful activity or serious misconduct.

If we refuse to grant you access to your personal information, we will provide you with reasons for that decision (unless it is unreasonable to do so) and the avenues available for you to complain about the refusal.

Updating your personal information

You may ask us to update, correct or delete the personal information we hold about you at any time. We will take reasonable steps to verify your identity before granting access or making any corrections to or deletion of your information. We also have obligations to take reasonable steps to correct personal information we hold when we are satisfied that it is inaccurate, out- of-date, incomplete, irrelevant or misleading for the purpose for which it is held. If you require access to, or wish to update your personal information, please contact us at South Perth Cycle Club c/- 30 Commonwealth Avenue North Perth 6006 or email us at mrvesparazzi@gmail.com

Complaints

If you have any queries or would like to make a complaint regarding relating to our Privacy Policy or the manner in which we handle your personal information, please contact South Perth Cycle Club c/- 30 Commonwealth Avenue North Perth 6006 or email us at mrvesparazzi@gmail.com If you are dissatisfied with our response, you may refer the matter to the Australian Information (Privacy) Commissioner (see www.oaic.gov.au).