(a)In these terms and conditions (Terms):
(b)KashKom provides Participants with the ability to compete against other Participants in relation to various cycling challenges.
(d)Upon registration with KashKom, you may compete for prize money, depending on the rules of any KashKom competition that you have entered and your user profile on KashKom. You will be required to pay an entry fee to participate in a competition, which is in addition to the registration fee that you have to pay when you join KashKom.
(e)Participants will be allocated to different divisions within KashKom (Cycling Grade). The Cycling Grade to which a Participant is allocated will be determined on the basis of the Participant’s assessment of their cycling ability when they register. The Company reserves the right to transfer a Participant to a Cycling Grade more commensurate with their cycling ability if the Company considers it appropriate given the Participant’s performance within the competition or any other factors that the Company reasonably considers to be relevant.
(f)KashKom comprises multiple competitions, each with a different cycling challenge. The competitions may run for different durations, and the cycling challenge set for each competition can be different. The cycling challenge for each competition will be posted on the App prior to the commencement of the competition and for the duration of the competition. These Terms shall be deemed to be incorporated into the rules of any competition posted on the App.
(g)The Company reserves the right to develop new competition conditions or amend these Terms from time to time.
(h)Apple is not involved in any way with the contest or sweepstakes.
To be eligible to compete in a KashKom competition, you must register for a user account with KashKom through the App or the Website.
(a)During registration, you must:
(b)The App will provide you with the option of uploading a photo or online avatar as a means of identifying yourself as a Participant.
(c)As a condition of registration, you agree to the Company publishing your username, photo, and cycling data on KashKom and agree that your username, photo and cycling data may be viewed by other Participants.
(d)You are only entitled to register one Participant profile on KashKom at any given time. Any Participant who is found to have registered more than one profile will forfeit any prize money or other benefits they have become entitled to during the period of their registration and their participation in each competition and their use of KashKom, the App and the Website will be terminated.
(e)You are required to enter your credit card or PayPal details (Payment Facilities) when prompted to do so upon the registration of your account on the App.
(a)Where you apply to be a Participant, we will collect personal information about you. This may include:
During the course of your participation in KashKom, we may collect other personal information from you such as:
(b)Some personal information you provide us may constitute “sensitive information” (as defined in the Privacy Act 1988 (Cth) (Privacy Act)), such as health information. We will only collect such sensitive information where the collection is reasonably necessary for the functions or activities of KashKom or the collection is required or authorised by law.
(c)We will generally collect personal information directly from you, for example when you register to be a Participant. However, in some circumstances, we may collect information about you from third parties, or from publically available sources of information (such as credit records, police or law enforcement records or social media sites).
(d)We would collect this personal information for the purposes of considering the validity of participation in a particular competition, and related activities such as promoting KashKom and administering, managing and promoting your participation in KashKom.
(e)If you do not provide us with the personal information requested, we may not be able to accept your application to be a Participant, or permit you to continue to be a Participant.
(f)We may disclose your personal information to third parties for purposes related to your participation in KashKom, promoting KashKom and administering, managing and promoting your participation in KashKom. The third parties we may disclose your personal information to include:
(g)We will take reasonable steps to protect your personal information that we collect and ensure that the information is accurate and up-to-date.
(i)Any inquiries, complaints or feedback you may have regarding privacy matters can be directed to our Privacy Compliance Officer at firstname.lastname@example.org
(a)Participants are required to pay the initial registration fee, and the participation fee for each competition the Participant wishes to enter, as published on the App from time to time.
(b)The initial registration fee, and the participation fee for each competition a Participant enters, will be deducted from the Participant’s nominated Payment Facility. By registering for KashKom, and when entering a competition, you agree to the Company deducting such fees from your nominated Payment Facility.
(c)The Company reserves the right to reduce or waive the payment of a registration fee or the competition entry fee for a particular Participant or Participants. The Company will not be obliged to offer this reduction or waiver in fees to any other Participants.
(d)Unless expressly stated otherwise, the fees charged by the Company will be exclusive of any applicable goods and services tax (GST). The Company may charge and recover GST due on any taxable supply.
(b)The Company reserves the right to remove you from a competition and/or to restrict or prohibit your access to or use of the App or the Website if there are irregularities in the data you upload to KashKom, such that the Company reasonably forms the view that you have;
(c)The Company reserves the right to remove you from a competition if you consistently display speed data that is 20% or more greater than the speed which you nominated as being you likely average speed when you registered for KashKom. In this circumstance, the Company may at its discretion permit you to transfer to a Cycling Grade that is commensurate with the data that you have uploaded. If you choose to transfer to the higher Cycling Grade, your data will be transferred to any extent that it possibly can.
(a)By registering for KashKom and any competition conducted through KashKom or the KashKom App, you:
(ii)acknowledge that cycling contains inherent risks and that it is your responsibility to:
(iii)acknowledge that your participation in KashKom is voluntary and that none of the Company and its related bodies corporate or agencies or any other company associated with it and its employees, agents, officers, directors and contractors (collectively the Releasees) have encouraged or induced you to enter KashKom or to participate in any cycling challenge or competition run through KashKom and you hereby waive your right to bring against the Releasees any action, suit or claim in respect of personal injury, loss or damage suffered by you or caused by you to any other person arising in any way from your participation in KashKom or a competition operated on KashKom or the App or the Website;
Subject to the provisions of the Australian Consumer Law (ACL) or other applicable legislation, the liability of the Company for a breach of these Terms or any condition or warranty implied by the ACL shall be limited to the amount of fees paid by you to the Company in respect of KashKom. The Company expressly excludes all liability to you for consequential, special or indirect loss or damage arising out of or in connection with these Terms including (without limitation) damages for loss of opportunity or additional expenses. This clause applies even if the Company knew or ought to have known that such loss or damage would be incurred.
(a)You indemnify the Company and hold the Company harmless from and against all loss, liability, cost, expense, damage, charge, penalty, outgoing or payment (including all legal costs, and any other associated fees and costs) (Loss) which the Company incurs as a direct or indirect result of:
(b)Without limiting clause 9(a), the Company shall not be liable to you or your legal representatives for any Loss, damage or injury suffered by you or to your property caused or suffered as a result of, or in connection with, your participation in KashKom or your use of the App or the Website and you hereby release and agree to hold harmless the Company and its related entities and directors, officers and employees (and any assignee or licensee) from and against any Loss in relation to the exercise of the rights granted under these Terms.
(a)You warrant that you are the owner or an authorised user of all data, information or other materials uploaded by you or on your behalf from your Device to KashKom through the App or the Website during registration or at any time during the course of your use of KashKom, the App or the Website and that your use or disclosure of the data, information or other materials will not infringe the intellectual property rights of any third party.
(b)You agree to grant the Company a non-exclusive, perpetual, worldwide, royalty-free, transferrable license to use, reproduce, modify, adapt and exercise all data, information or other materials uploaded by you or on your behalf from your Device to KashKom through the App or the Website during registration or at any time during the course of your use of KashKom, the App or the Website throughout the world for the purposes of, or in connection with the KashKom Platforms including in connection with any promotion, publicity, marketing and/or advertising of KashKom in any manner whatsoever.
(c)The Company has no obligation to return any data, information or other materials uploaded by you or on your behalf from your Device to KashKom through the App or the Website during registration or at any time during the course of your use of KashKom, the App or the Website including any photos, images, sound recordings and video.
(d)You agree that the Company owns all intellectual property rights and other rights associated with the formation, use, development and operation of Kashkom, the App and the Website including, without limitation, the right to use, reproduce, modify, adapt or otherwise exploit the KashKom trademarks, designs, patents or artistic works, in any and all media known or hereafter devised, worldwide in perpetuity, and that you have no right to use or exploit, and will not infringe, these rights without the express written consent of the Company.
(a)The failure by the Company to enforce any of these Terms or any rights arising there under shall not be construed as a waiver of the same, or of its right thereafter to enforce at any time each and every provision hereof.
(b)These Terms shall be governed and construed in accordance with the law of the State of Victoria and the parties submit to the jurisdiction of the Courts of that State which shall have exclusive jurisdiction to determine any dispute between the parties arising out of these Terms.
(c)Should any term hereof be unenforceable or invalid that term shall be considered, to the extent of such unenforceability or invalidity, independently of and severable from any other term contained herein and shall not affect the enforceability or validity of any other term hereof.
(d)Any notice, demand, invoice or statement required to be in writing shall be deemed to be duly given if delivered to or sent by pre-paid mail addressed, in the case of the Company, to its address set out herein and, in your case, to the address you nominated during registration.
(e)[You will be given the option to link their KashKom profile and data to your Facebook or Twitter accounts. In linking profile and data to your Facebook or Twitter accounts, you accept that details relating to your participation in KashKom may be made publicly available via Facebook or Twitter, and may be accessible for the general public to view.
(f)You will also be given opportunity to invite friends to participate in KashKom through Facebook or Twitter. You must ensure that you only send invitations to persons who consent to receiving an invitation. We will not be responsible if you send invitations to any person who does not consent to receiving an invitation.
(g)KashKom is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Participants are providing their information to KashKom and not to Facebook or Twitter. Participants completely release Facebook or Twitter from any and all liability.]