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Terms & Conditions

Terms and Conditions for Tasmania Circumnavigation (including virtual events)

 

To the fullest extent permissible under law, including the Australian Consumer Law (ACL) under Schedule 2 to the Competition and Consumer Act 2010 (Cth) these terms and conditions (Terms) govern all events (“Tasmania Circumnavigation” including any “Virtual Tasmania Circumnavigation Event”) run and operated by Maglia Nera Tours Pty Ltd ABN: 73 623 773 884 (MNT) and each person (“Attendee, Participant, You or Your”) who registers to participate in the Tasmania Circumnavigation or is invited by MNT to attend an Tasmania Circumnavigation Event.

 

You acknowledge that you have read and agree to be bound by these Terms upon either submitting your registration to MNT or attending or participating in a Tasmania Circumnavigation Event.

If You intend participating in a Tasmania Circumnavigation Event and are under 18 years of age a parent or guardian must read these Terms and acknowledge and accept them on Your behalf.

 

These Terms and Conditions of Entry allow Maglia Nera Tours Pty Ltd (MNT) ABN 73 623 773 884 to operate the Tasmania Circumnavigation.  By registering to participate in the event you accept and agree to be bound by these entry terms.

 

If the participant is under 18 a parent or guardian must read the Terms and Conditions and accept on their behalf.

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.

1.registration

1.1 Your Registration is subject to acceptance by MNT, which will be confirmed in writing (including but not limited to email) ("In Writing") after MNT has received Your fully completed Registration, the fee (if required) related to your registration ("Fee") and any required supporting documents. MNT may in its absolute discretion for any reason refuse to accept Your Registration.

1.2 MNT’s preferred method of Registration is online. If You encounter difficulties with online Registrations, please contact us.

1.3 MNT may provide offline Registrations via phone, email, or mail.  MNT will use its best efforts to process offline Registrations within two (2) working days of receipt.

1.4 If MNT has invited you to attend the MNT Event without the need to Register and/or make any payment, You must provide Your confirmation of attendance to MNT within the time specified in the invitation (if any) in order for MNT to register You for the MNT Event.

1.5 The Fee for the MNT Event is correct at the time of publication. MNT reserves the right to change the Fee at any time, but changes will not affect Registrations which have already been confirmed In Writing by MNT.

2.cancellation & refunds

2.1 Your entry fees are not refundable if you change your mind or are no longer able to participate in a Tasmania Circumnavigation Event. Consideration will be given to events beyond your control.

2.2 Fees will not be refunded if You are denied access or removed from a Tasmania Circumnavigation Event for any reason.

2.3 Any Registration entry is not transferable to another person or to a future Tasmania Circumnavigation without the express permission or consent of MNT.

2.4 If You are inadvertently registered in an incorrect event (such as the Lap TAS Live! rather than the Lap TAS Virtual! ), MNT will transfer your registration. You will be required to pay any difference in fees and MNT cannot change Your event options within the week prior to Tasmania Circumnavigation starting. 

3.Maglia Nera Tours Pty Ltd's Rights

3.1 MNT reserves the right at any time to:

(a) change the format, participants, content, location and timing or any other aspect of a Tasmania Circumnavigation Event;

(b) postpone a Tasmania Circumnavigation Event or any part of a Tasmania Circumnavigation Event; or

(c) cancel a Tasmania Circumnavigation Event or any part of a Tasmania Circumnavigation Event, and will not be liable for any damages, costs, losses or expenses of any kind incurred or suffered by You as a result of or in relation to MNT modifying, postponing or cancelling a Tasmania Circumnavigation Event or any part of a Tasmania Circumnavigation Event.

3.2 If a Tasmania Circumnavigation Event is cancelled or postponed by MNT:

(a) for reasons that are beyond its reasonable control, MNT may retain the Fee and will not be required to make any refund of the Fee; or

(b) for reasons other than as set out in clause 3.2(a), MNT will refund the Fee minus any reasonable administration costs (as determined by MNT)

4. Your rights and obligations at a Tasmania Circumnavigation Event

4.1 MNT reserves the right, without any liability, to refuse admission to, or to eject You from a Tasmania Circumnavigation Event, in its absolute discretion, including (without limitation), for failure to comply with these Terms or if in the opinion of MNT, acting reasonably, You represent a security risk, nuisance or annoyance to the running of a Tasmania Circumnavigation Event.

4.2 You agree to comply with all reasonable instructions issued by MNT or the operator of the venue for a Tasmania Circumnavigation Event.

4.3 All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited at a Tasmania Circumnavigation Event and/or in or at a venue.

4.4 You acknowledge that You may be filmed, sound recorded and/or photographed by MNT, the media or any other party at the Event and MNT may use or approve the use of the film, sound recording and/or photograph for any purpose and in any way whatsoever.

4.A.Virtual Tasmania Circumnavigation ( Self-Guided, Virtual & Passport Non-Riding Events)

4A.1 Subject to these Terms and applicable law, you are and remain responsible for Your own health and safety at all relevant times before, during and after any remote, off-site, self-guided online or Virtual Tasmania Circumnavigation (“Lap TAS Live! , Lap TAS Virtual!, Lap TAS Junior!”).   

4.A.2  MNT recommends informing friends and family of Your intentions to participate and the details of any virtual route prior to participating in any Virtual Tasmania Circumnavigation and You agree to carry out all reasonable and necessary precautions in relation to Your participating including but not limited to carrying a mobile phone and writing your emergency contact details down.

4.A.2 For the avoidance of doubt, you acknowledge and agree that MNT will not be providing the usual scope of health and support measures including but not limited to road closures, first aid, mobile repair units or safety support during any Virtual Tasmania Circumnavigation.

4.A.3  You acknowledge and agree to maintain full responsibility to be aware of and adhere to any changes implemented around COVID-19 practices and restrictions in your local government area, relevant state or territory, and Australia wide via reputable websites such as the Australian Government website or contact the Coronavirus Health Information Line on 1800 020 080. (This line operates 24 hours a day, seven days a week.)

4.A.4  You acknowledge and agree that You remain at all times responsible for selecting a virtual course that is safe and complies with Your latest personal health advice as well as any broader advice or restrictions referred to in the preceding paragraph 14.A.3 in relation to any Virtual Tasmania Circumnavigation.  

4.A.5  In the likely event that indoor equipment is used to participate in any Virtual Tasmania Circumnavigation including but not limited to a treadmill or stationary bicycle, You agree to ensure that any and all equipment is in good working condition, fit-for-purpose, properly maintained and meets all relevant safety requirements under applicable law. 

4.A.5 You acknowledge and agree that subject at all times to these Terms and clause 6 below and applicable law, MNT will not be liable for any injury, damage, loss or otherwise resulting from Your participation in a Virtual Tasmania Circumnavigation.

4.A.6 You acknowledge and agree that as the Parent/Guardian of a child under the age of 18 that you are riding with them at all times if they are registered in the Lap TAS Live! or Lap TAS Virtual! Events

4.A.7 You acknowledge and agree that as the Parent/Guardian of a child under the age of 18 that you will be supervising them when collecting stamps for Passports when registered for the Lap TAS Junior! Event.

4.A.8 You acknowledge and agree that in order to participate in the Lap TAS Live! and Lap TAS Virtual! events, you must download the GoCycle App and Register for the Tasmania Circumnavigation Charity. The entry to this Charity is subject to the minimum fundraising amount of AUD$250.

4.A.9 You acknowledge and agree to adhere and understand the GoCycle Terms & Conditions and Privacy Policy

5. Wellbeing & Safety

5.1 All Participants are required to complete an entry form and pay the entry Fee.

5.2 Children under 18 must be accompanied by an adult for the duration of a Tasmania Circumnavigation Event. Entrants under the age of 18 for the Lap TAS Live! and Lap TAS Virtual! must be accompanied by an adult who has also entered and ride together. Entrants under the age of 18 for the Lap TAS Junior! must be accompanied by an adult at all times when seeking stamps for their passports.

5.3 You should seek medical advice to ensure you are fit to participate. It is Your responsibility to have suitable food and any medication that you require with You at all times.

5.4 The Lap TAS Live! or Lap TAS Virtual! 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.

5.5 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.

5.6 You accept responsibility at all times for personal belongings during a Tasmania Circumnavigation Event. Valuable items should not be left without supervision, as MNT will not accept for loss or damage of personal belongings.

5.7 The Lap TAS Junior! participant must ensure that they are accompanied by a parent/guardian when entering premises to gain stamps for their passports. Maglia Nera Tours Pty Ltd will not take responsibility for unsupervised minors

6.Compliance with State/Territory Laws - traffic & road laws

6.1 During the Event, the Lap TAS Live! or Lap TAS Virtual! Rider or The Lap TAS Junior! parent/guardian 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.

 

6.2 For cycling events the participant must wear a cycling helmet that conforms to Australian or the Country they are riding in, standards.

7.Waiver and Acknowledgment

7.1 You acknowledge that involvement in a Tasmania Circumnavigation Event is a potentially dangerous activity and that You participate at Your own risk.The risks associated with participating in Tasmania Circumnavigation 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.

 

7.2 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.

7.3 By entering a Tasmania Circumnavigation Event you consent to receiving and reading the information about the Tasmania Circumnavigation. Tasmania Circumnavigation communication will primarily be via email. Updated information will be posted on the Tasmania Circumnavigation website and through social media from time to time.

7.4 By entering the Tasmania Circumnavigation, MNT commits to keep you informed about future opportunities to assist our Beneficiaries. We will not share your personal details with anyone. Please note that the Beneficiaries are able to see your email address when accepting payments via PayPal. If you would like to change your communication preferences, please contact us via email or phone.

8.Release, Indemnity and Liability Exclusions

8.1 Relevant provisions of the ACL and other laws in force from time to time in Australia may impose guarantees, warranties, conditions and obligations on MNT ("Consumer Guarantees"). If any of these Terms are inconsistent with a Consumer Guarantee, the Consumer Guarantee will apply to the extent of such inconsistency. To the extent permitted by law MNT’s liability and Your sole remedy will be limited to the refund of the Fee paid to CPA Australia. Subject to any applicable Consumer Guarantees, all guarantees, representations, conditions and warranties of any nature are expressly excluded.

8.2 Subject to any Consumer Guarantees and to the maximum extent permitted by applicable law, MNT, its employees, agents and contractors will not be liable for personal injury or death, property damage, or any other loss (including without limitation, liability for negligence, breach of these Event Terms or any other agreement), damage, cost or expense (including, without limitation, loss of profits, business interruption, loss of information, indirect, special, punitive or consequential loss or damage) that You may incur or suffer arising out of or in connection with the Event.

8.3 You agree to fully indemnify and hold MNT, its employees, agents, contractors and sub-contractors ("Representatives") harmless from any claim, cost, demand, liability or damage (including legal costs, professional costs and other expenses on a full indemnity basis) incurred by MNT and/or its Representatives arising out of or in connection with a Tasmania Circumnavigation Event, including but not limited to:

(1) a breach of these Event Terms;

(2) Your use of the venue or attendance at the Event;

(3) any damage to the venue or any goods located at the venue; or

(4) the infringement of any intellectual property or other right of any third party (including the venue) by You.

9.Content and data (GoCYCLE APP)

9.1 The The Lap TAS Live! or Lap TAS Virtual! Rider agrees that while Maglia Nera Tours Pty Ltd will provide access to a mobile application (GoCycle) 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.

9.2 Maglia Nera Tours Pty Ltd does not claim ownership of Content the Rider may submit or make available for inclusion on www.tasmaniacircumnavigation.com.au. However, with respect to Content the Rider submits, the Rider grants Maglia Nera Tours Pty Ltd 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 Tasmania Circumnavigation.

9.3 Cycling Participants must ensure that they read, understand, agree to adhere to the GoCycle Terms & Conditions and Privacy Policy

10. Intellectual Property

10.1 All material on a Tasmania Circumnavigation Event website is protected by laws relating to intellectual property including but not limited to copyright, trade marks, designs, logos, signs and other properties unless otherwise noted and may not be used except as expressly permitted by the applicable and relevant website terms and conditions.  You may not distribute, modify or reuse the contents of any Tasmania Circumnavigation web site for public or commercial purposes without the prior written permission of MNT. 

11.Privacy and Personal Information

11.1 MNT staff and volunteers understand and respect your right to Privacy and the confidentiality and security of personal information provided by You.

 

11.2 MNT will take all reasonable steps to ensure that your personal information is protected from misuse, loss, interference and unauthorised access, modification or disclosure.

For further information on Privacy, how Maglia Nera Tours Pty Ltd protects your rights and manages personal, sensitive and health information in accordance with the Privacy Act 1988 (Cth) please follow this link: https://tasmaniacircumnavigation.com.au/privacy-policy

11.3 By entering the Event, the Lap TAS Live! or Lap TAS Virtual! Rider or Lap TAS Junior! entrant agrees that:

(a)    they may be contacted by Maglia Nera Tours Pty Ltd (or an agent of Maglia Nera Tours Pty Ltd) to provide comments about the Event and Maglia Nera Tours Pty Ltde (or an agent of Maglia Nera Tours Pty Ltd) may take photos or recordings of them;

(b)   Maglia Nera Tours Pty Ltd may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“the Materials”) for Maglia Nera Tours Pty Ltd’s future promotional and marketing purposes without further reference or compensation to them;

(c)   Maglia Nera Tours Pty Ltd may duplicate, alter, adapt and utilise the Materials as Maglia Nera Tours Pty Ltd wishes at any time, anywhere and by any means (including communicating them to the public in any media).  Maglia Nera Tours Pty Ltd may license, authorise or otherwise transfer the rights in the Materials to others to do the same;

(d)    they  grant to Maglia Nera Tours Pty Ltd 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:

i.    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

ii.    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.

11.4 Registration Payments are manages by the PayPal platform https://www.paypal.com

You can read more about their Safety and Security features here: https://www.paypal.com/au/webapps/mpp/paypal-safety-and-security

11.5 Donations payments are made direct to the PayPal Accounts of the relevant Beneficiaries.

11.6 Our website does not retail any credit card or payment details, this is all managed by PayPal

12.General Provisions

12.1 MNT reserves the right to amend these Terms from time to time and You will be subject to the terms in force at the time MNT Registers You for a Tasmania Circumnavigation Event or You attend the Event, if you do not need to Register, whichever is applicable.

12.2 Any failure, delay or relaxation on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.

12.3 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms

12.4 These Terms are governed by and are to be construed in accordance with the laws in force in New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives any objection that it may have that proceedings have been brought in an inconvenient forum.

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