Terms & Conditions of Paceline 2010


Terms and Conditions of Entry

These Terms and Conditions of Entry (“Entry Terms”) have been created for the operation of the 2010 Paceline Ride.  By registering to participate in the ride, you (the “rider”), accept and agree to be bound by these Entry Terms.
 

Please read carefully these terms and conditions of entry.  In completing and submitting the Registration Form, you agree to be bound by these conditions, which constitute the agreement between Paceline (the “organiser”) and you.  These conditions apply to the exclusion of any other terms or conditions unless they are set out in the Registration Form or are otherwise agreed to in writing by the parties.  No purported variation of these conditions will be effective unless in writing and signed by a person so authorised by Paceline.
 

The organiser reserves the right, in its absolute discretion, to refuse to allow a rider to participate in the ride or to remove the rider from the ride for breach of these terms and conditions or if it otherwise determines it appropriate to do so.
 

The organiser is not liable to the rider for any loss, damage, cost or expense of any kind if the rider is denied access to or removed from the ride for any reason.
 

1. Entry Requirements

Each rider must complete and sign the designated Registration Form.
For the ride, the rider must be aged 18 years or older on the day of commencement of the ride.
 

The organiser, may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration.
 

The event will involve a limited number of riders. The selection of entries will be in at the discretion of the organiser.
 

All riders must attend the daily ride briefings.
 

2. Registration Fee

To participate in the 2010 Paceline Ride, every rider must pay a registration fee of AU$550.00 (including GST). This amount is non-refundable.  The registration fee should be paid through the Go Fundraise website http://paceline.gofundraise.com.au.
 

3. Bicycle Types

Only standard, upright, single road bicycles are permitted.  Fixed wheel bicycles, unicycles, trikes, motorised and power-assisted bicycles, tagalongs, trailers or child seats are NOT permitted.
 

4. Health and Fitness Requirements

Riders must be at least 18 years or older on the day of commencement of the ride.  Participants must be in good health and physical condition.  If you suffer from severe muscular, chest, heart or bronchial disorders, or if you are a severe asthmatic, or have high blood pressure, you are strongly advised against participating.  Paceline reserves the right in its absolute discretion to refuse a participant the right to participate in the ride on medical or fitness grounds.
 

5. Delays or Change of Itinerary

It is possible that a route change, postponement or delay may become necessary during the event. This could be due to inclement weather, police or road authorities’ restrictions or any other cause. In the event of a change, postponement or delay, participants have no right to refund of the ride price (in whole or in part) or other compensation for any injury, loss or damage.  Insurance may compensate you depending on the circumstances. You will not be entitled to make any further claim for any injury, loss, expenses or damages (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.
 

6. Insurance

Personal insurance is not included in the ride price.  It is a condition of booking a ride with Paceline that you are adequately insured for the full duration of the ride and thereafter as a result of the ride in respect of illness, injury, death, loss of baggage and personal items and cancellation and curtailment. Insurance can be obtained through joining a state bicycle association.
 

7. Exclusions from ride price

The following items are excluded from the ride price:
 

a) personal insurance

b) Evening meals

c) any expenses incurred during the event

d) laundry, postage, personal clothing, medical expenses & items of a personal nature

e) individual emergency evacuation and/or emergency search charges

f) Pre or post ride arrangements, including transport to and from the event.

8. Assumption of Risk

You acknowledge that:
 

a) by the very nature of this ride, it is more challenging and demanding with a commensurately higher level of risk compared with ride holidays;

b) in the country areas and regions in which the ride is undertaken, standards of accommodation, health care, hygiene, safety and service provision generally are often not as high as those standards in suburban areas and may require flexibility and patience on your part;

c) the additional dangers and risks associated with this type of bike ride may include difficult and dangerous terrain; high altitude; extremes of weather, including sudden and unexpected changes; remoteness from normal medical services and from communications; and evacuation difficulties in the event of illness or injury;

d) the enjoyment and excitement of this type of bike ride is derived in part from the inherent dangers and risks associated with touring riding and that those inherent dangers and risks are a reason why you wish to undertake the bike ride; and

e) you have submitted your registration for the ride after giving due consideration of relevant information and you therefore accept the inherent and increased dangers and risks associated with the proposed ride and the accompanying risk of injury, death or property damage or loss.

9. Disclaimer

You accept that:
 

a) Paceline will not be liable for any breach of any law by any person with whom you travel on the ride; and

b) you may not rely on any representations concerning the ride made by Paceline that are not contained in these conditions.

10. Release and Waiver of Liability

In consideration of Paceline accepting your registration and in consideration of you being permitted by Paceline to join the ride:
 

a) you release Paceline and its officers, official volunteers, and other representatives (each of whom are collectively referred to as “Paceline and its employees”) from all cost, liability, loss or damage incurred or suffered by you directly or indirectly during the course of the ride and thereafter as a result of the ride and resulting from your personal injury, illness or death or damage to or loss of your property unless caused by the willful negligence or wrongful act of Paceline and its employees;

b) you waive any claims you have, or may at any time have, against Paceline and its employees and you agree, by accepting the additional inherent dangers and risks associated with the ride, not to make any claim against or seek any compensation from Paceline and its employees in respect of any personal injury, illness or death suffered by you or damage to or loss of property sustained by you as a result of your participation in the ride. or thereafter as a result of the ride; and

c) you accept responsibility and release Paceline from all liability for claims for damages for injury loss or damage of whatsoever kind by any other person or corporation as a result of any act of omission whether negligent or otherwise on my part.

 
11. Cancellations

If you wish to cancel your participation in the ride, you must notify the Paceline in writing.  You will forfeit your registration deposit of AUD$550.00 but this sum may then be regarded as a donation for which you will receive a tax deductible receipt.  Any monies collected but not sent to the organiser can be returned to the sponsors or donated to the ride, at the sponsors’ discretion.  The organiser reserves the right, in its absolute discretion, to cancel, reschedule or postpone the event for any reason and at any time.  Only in the event of cancellation will monies raised be returned to the various sponsors.  The organiser is not responsible for, or liable to, the rider for any loss, damage, cost or expense, whether direct, indirect, consequential or otherwise and howsoever or wheresoever incurred by the rider resulting from any such action taken by the organiser.
 

12. Privacy

The rider acknowledges and agrees that he/she may be photographed or filmed during the ride and consents to the organisers using the rider’s picture and likeness contained therein for publicising the ride and promoting future rides or events to be staged by the organiser and its sponsors.  The organiser makes every effort to handle the rider’s personal information in accordance with acceptable privacy practices.  The information remains the property of the organisers and will not be passed to third parties.


 

Site Terms and Conditions

These Terms must be read together with any Terms and Conditions specific to a particular event (Event Terms) which are located on the fundraising page for that event. If there is any conflict between these Terms and any Event Terms, then these Terms will prevail to the extent of the inconsistency.

Introduction and acceptance of terms

  1. Welcome to the GoFundraise fundraising platform. This website is owned and operated by GoFundraise Pty Ltd Suite 8, 17 Thurlow St, Redfern NSW 2016 (GoFundraise, We, Us). The use of this website, and all services and online tools (the Platform) that GoFundraise makes available to donors, registrants and other users of the GoFundraise service (Users, You, Your) is governed by these Terms & Conditions (Terms). Your access and use of the Platform constitutes your agreement with, and acceptance of these Terms, and if You do not accept these Terms You may not use or continue to use the Platform.
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Overview

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GoFundraise fees

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Credit card payments

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Regular Giving payments

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Ticket Sales and Raffles

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User registration

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Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.

  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.

  5. In addition, You must not use the Platform to:

    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at {support@gofundraise.com.au}

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:

    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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