TERMS AND CONDITIONS - DISCLAIMER

Event Terms and Conditions as of 29 July 2012

QSMSports Pty Ltd - ABN 21141818779
PO Box 8328 Woolloongabba QLD 4102 - Phone: 0731246099 - Fax: 0733738077
Email: This email address is being protected from spambots. You need JavaScript enabled to view it. - www.qsmsports.com

Sanctioned:
QSMSports events are sanctioned by: Triathlon Queensland and Triathlon Australia; and or Cycling Queensland and Cycling Australia. Triathlon Australia rules and regulations apply; and or Cycling Australia rules and regulations apply.

Terms and Conditions:
WARNING: This is a legal document that affects your rights and must be accepted by all competitors and by their legal guardian/parent if under the age of 18.

1. I acknowledge that competitive sport involves real risk of serious injury or even death from various causes including; dehydration, physical stress and health failure; equipment failure; accidents with other competitors, spectators or road users; drowning, inherent race course risks; weather conditions and other causes.

2. I understand that I should not compete in this event unless I have trained appropriately and my physical condition has been verified by a medical practitioner as being of a high personal health standard to injure the expected stresses caused by competitive sport.

3. By competing, I accept all risks necessarily flowing from my participation which could result in loss of life or permanent injury. Accordingly, I release all persons or corporations associated directly or indirectly with the conduct of the event from all claims demands and proceedings arising out of my participation and I hereby indemnify them against all liability (including liability for their negligence and the negligence of others) for all injury, loss of damage arising out of or connected with my participation in this event. This release shall extend to and included Queensland Sports Management Pty Ltd, QSMSports Pty Ltd, Triathlon Australia Inc., Triathlon Queensland Inc., Cycling Queensland -Queensland Cyclists Association Inc., Cycling Australia - 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. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.

4. I consent to receiving any medical treatment including ambulance transportation that the event organizers think desirable during or after the event.

5. I consent to event organizers using my name, image and likeness before, during or after the event for event promotional broadcasting or reporting purposes in any media.

6. I understand that compulsory insurance cover affected for participants in this event may not cover me for any or all injury, loss or damage sustained by me.

7. I accept the safety precautions undertaken by organizers (Such as race course design, race course supervision, race safety briefings, bicycle and helmet safety checks) are a service to me and other competitors but are not a guarantee of safety.

8. I am fully responsible for the security of my personal possessions at the event including my bike and other valuable items within the race course, event operational area. I agree that after the promoted unsecured time of transition, I am fully responsible for any possessions I have left in the area. QSMSports Pty Ltd will not be liable for replacement of any personal possessions.

9. My registration is not transferable to other people. If I am unable to compete, or if the event is cancelled by way of circumstances beyond the control of the event directors, my registration fee is non-refundable.

10. I have listed or made written communication to the event directors my medical or physical conditions from which I suffer that might affect my performance or be relevant if medical treatment is needed. I accept the risk of competing despite these conditions.

11. I agree to abide by all race rules and directions issued by the Peak sporting bodies in the State of registration, in the State in which the event occurs and the National Sporting Organisation and the event organizers.

12. I accept the event organizers may change the event format, course or other race conditions at their discretion. If that occurs, this agreement applies to the changed conditions.

13. I accept that if I failure to return my timing chip in good condition to the race organisers on race day I will incur a $60 replacement cost and this will automatically be charge to my credit card.

14. I accept if a minimum number of ten (10) participants do not enter a race, the events organizers have the right to alter the prize money, or prize pool at any time at their own discretion.

15. I agree that should I need to withdraw for whatever reason, the following refund policy is in place:-

• Withdrawal 45 days or more out from the event you will receive a full refund or credit minus a $5 administration fee
• Withdrawal 30-44 days out from the event you will receive a refund or credit minus a $15 administration fee
• Withdrawal 21-29 days out from the event you will receive a 75% refund or credit of your entry fee
• Withdrawal 14-20 days out from the event you will receive 50% refund or credit of your entry fee
• Withdrawal 8-13 days out from the event you will receive 25% refund or credit of your entry fee
• Withdrawal 7 days or less from the event you are not entitled to a refund
• Refunds or credits do not apply to items such as merchandise, accommodation, meals, travel and are only applicable to entry fees.

Please note - If you are competing in the Tour de Tweed, no refund will be granted if you withdraw 13 days or less from the event.

16. I acknowledge and consent to photographs and electronic images being taken of me before, during or after the event by an official representative of the event organiser. I acknowledge and agree that such photographs and electronic images are owned by the event organiser and that the event organiser and event sponsors may use the image for promotional use. These images, my name and my event results may be used for reporting purposes or other purposes at any time by any form of media without my futher consent being necessary. The event organiser is not responsible for photographs and electronic images taken by persons who are not an official representative of the event organiser.

17. I acknowledge that I have selected to receive the QSMSports email newsletter and event updates electronically and I can unsubscribe at any time.

Participant Agreement with QSMSports - dated 07 December 2009, updated 06 June 2010, updated 12 October 2011

I, [the person registering and or participating] agree to abide by the event rules [Laws of the Game]; and technical regulations of QSMSports; and the State, National Sporting Organisation rules under which the event is sanctioned;.

I agree to participate in accordance with the State, Federal Laws; and will accept and comply with Council, Police permit conditions.

By signing this agreement I am entering into a binding agreement for the entire length of the event and agree that event organisers have absolute authority regarding decisions effecting the administration and conduct of the event.

I agree to be solely responsible for all nominations and related fees payable for participant entry.

I understand the event has a zero tolerance policy and a code of conduct to which I agree to comply as stated on web sites of the Australian Sports Commission and State or National Sporting Organisation under which this event is sanctioned.

QSMSports agrees to deliver event service accordingly upon payment of set fees and compliance with agreements.

PRIVACY POLICY

QSMSports recognises that privacy is important and that individuals have a right to control their personal information. QSMSports acknowledges that providing personal information is an act of trust and QSMSports takes that seriously. Unless an individual gives QSMSports consent to act otherwise, the following Policy governs how QSMSports handles personal information of individuals.

HOW DOES QSMSPORTS COLLECT PERSONAL INFORMATION?

QSMSports will not collect personal information unless the information is necessary for one or more of its functions or activities. QSMSports will also only collect personal information by lawful and fair means and not in an unreasonably intrusive way.

QSMSports collects personal information in a number of different ways. QSMSports collects personal information from its new and existing members through Member Organisations through application and other forms. Personal information from non-members, who register for our events, is collected through registration or enrolment forms. QSMSports also collects personal information from online forms on our website.

WHAT PERSONAL INFORMATION DOES QSMSPORTS COLLECT?

The type of personal information we may collect from you generally comprises name, address, age group, gender, contact details (including phone, fax and email) and information, collected primarily for the following purposes, in the course of our business:-

Personal information of participants in sport events entered under our auspices, to effectively operate such events and for insurance purposes;
Personal information of our coaches, officials and volunteer crews, to effectively operate the events referred to and for insurance purposes;
Personal information of participants in corporate hospitality and events, so that we can analyse our market and, unless advised otherwise, for direct marketing purposes;
Personal information of participants in our various events, courses and competitions to contact in the event of an emergency, for insurance purposes and, unless advised otherwise, for direct marketing purposes;
Personal information of subscribers to our on-line newsletters, so that we can service those subscribers and, unless advised otherwise, for direct marketing purposes;
Personal information of customers of our on-line shop, so that we can service those customers and, unless advised otherwise, for direct marketing purposes.
As explained below, the reason we collect this information is so that we can provide you with our services, manage our relationship with you, communicate with you effectively and identify which of our services will best meet your requirements.
HOW IS PERSONAL INFORMATION USED?

The personal information collected from you by QSMSports is used to: provide you with our services. This will include use of personal information for establishing and maintaining your membership record (if relevant), or to enroll you in one of our courses, events or competitions; and/or notify you about services and promotions offered by us and our sponsors (whether you are one of our members, or someone who attends our courses, events or competitions, or someone else we have identified as possibly interested in our services).

Information provided will be used in various methods of communication namely but not limited too: direct mail, advertising, email, SMS, phone contact. We use the personal information we collect and store for the purposes we have either advised or for which we have obtained consent. We also carry out research using personal information from time to time, in order to improve our business and our products and services. The analysis is carried out using aggregated information, not information relating to specific individuals.

As a sporting body, QSMSports needs to enter into sponsorship arrangements with third parties from time to time. This will sometimes mean that QSMSports uses personal information about you to provide you with information about products, services and promotions offered by our sponsors. If at any time you do not wish to be notified about the products, services or promotions offered by our sponsors, please let us know. QSMSports does not provide personal information directly to sponsors.


WILL PERSONAL INFORMATION BE GIVEN TO ANYONE ELSE?

In the circumstances described below, personal information may be disclosed outside QSMSports.

Outsourcing - Personal information collected by QSMSports may be disclosed to third parties to whom QSMSports contracts out specialised functions (including mailing houses, photographers, printing companies and event organisers).
Insurance – Personal information collected by QSMSports will be provided to the insurer when required.
Club membership – Personal Information will be provided to clubs operating licenses for their audit requirements.
QSMSports does not sell, rent or trade personal information to or with third parties.

ACCESS AND CORRECTION

Under the Privacy Act, you have a right to seek access to information which QSMSports holds about you (although there are some exceptions to this). You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date. If you wish to exercise your right under the Privacy Act to seek access to the personal information that QSMSports holds about you, we ask that you contact the Office. The web site provides a un-subscribe function that you may use to control the various communications being sent to you. The un-subscribe tool manages registrations that we may have for you and may be individually or by group switched on and off as required. If you have numerous registration member names – then the un-subscribe tool will need to be used for each registration name.

IS PERSONAL INFORMATION STORED SAFELY?

QSMSports takes steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure. QSMSports only permits your details to be accessed by authorised personnel, and it is a condition of employment that QSMSports employees maintain the confidentiality of personal information.

NON-CUSTOMER INFORMATION

Sometimes, QSMSports needs to collect personal information about individuals who are not members, or who are not people to whom we would generally offer our professional services.

ONLINE PRIVACY ISSUES

QSMSports will apply this Policy to all personal information it handles, whether collected online or otherwise. To the extent that this Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. This clause is intended to provide more information about privacy for the users of our website. Online collection of personal and non-personal information - QSMSports collects personal information through our website. Our website also collects other information which may or may not be personal information. For each visitor to our website, our server automatically recognises and stores your “address” (e.g. your domain name or Internet protocol address), the type of your Internet browser, and the address of the site which “referred” you to our website and click stream data. In addition, our website may use cookies to track usage of our web site. Most web browsers are set by default to QSMSports cookies. However, if you do not wish to receive any cookies you may set your browser to either QSMSports or refuse cookies. Please note that rejecting cookies may mean that not all the functions on the website are available to you. We use cookies for tracking the statistics of our website. This allows us to better understand our users and improve the layout and functionality of our website. This tracking is conducted in such a way to ensure the anonymity of visitors – in this context the cookie may identify your computer – but it should not identify you. Links to other websites - Sometimes our website contains links to third party websites, for your convenience and information. When you access a non- QSMSports website, please understand that QSMSports is not responsible for the privacy practices of that site. We suggest that you review the privacy policies of each site you visit.

CONTACTING QSMSports

If you have any questions or comments about this privacy policy, or if you wish to complain about how we have handled personal information about you, please contact:

(a) By telephone: 07 3124 6099 or

(b) By facsimile: 07 3373 8077 or

(c) By e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

QSMSPORTS PTY LTD owns and operates this website. All event entry fee and merchandise costs are in Australian Dollar denomination.