KashKom Terms and Conditions

  1. General terms

    1. (a)In these terms and conditions (Terms):

      1. (i)App means the application that is accessible on mobile devices and which is used to, amongst other things, upload cycling activity data to KashKom and enter competitions on KashKom.
      2. (ii)Company means Power of the Pushy Pty Ltd ACN 604 072 004.
      3. (iii)Device means any activity tracking device used by a Participant that is able to upload into KashKom accurate cycling activity data of the Participant including but not limited to the cycling speed, cycling cadence and heart rate of the Participant.
      4. (iv)KashKom means the online platform operated by Power of the Pushy Pty Ltd ACN 604 072 004 which is accessible through the App and the Website and which provides Participants with the ability to track their cycling activities and enter various competitions offered through the online platform.
      5. (v)Participant means a registered user of KashKom.
      6. (vi)Website means the website at www.kashkom.com.
    2. (b)KashKom provides Participants with the ability to compete against other Participants in relation to various cycling challenges.

    3. (c)The Company is the operator of KashKom. These Terms set out the agreement between you and the Company in relation to your participation in KashKom. By registering for KashKom and continuing to participate in KashKom, you are indicating your agreement to these Terms. You also agree to be bound by the Company’s Privacy Policy, which may be accessed at www.kashkom.com.

    4. (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.

    5. (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.

    6. (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.

    7. (g)The Company reserves the right to develop new competition conditions or amend these Terms from time to time.

    8. (h)Apple is not involved in any way with the contest or sweepstakes.

  2. Account registration

    1. 2.1Initial registration

      To be eligible to compete in a KashKom competition, you must register for a user account with KashKom through the App or the Website.

    2. 2.2Participant details

      1. (a)During registration, you must:

        1. (i)enter your first name, your surname, your desired username:
        2. (ii)identify your Device;
        3. (iii)nominate a password for security purposes;
        4. (iv)undergo the assessment process for your Cycling Grade; and
        5. (v)enter your credit card or Stripe payment details, when prompted to do so on the App.
      2. (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.

      3. (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.

      4. (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.

      5. (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.

    3. 2.3Personal information collection notice

      1. (a)Where you apply to be a Participant, we will collect personal information about you. This may include:

        1. (i)your identification and contact information (including name, telephone number, residential address, email address and social media account details);
        2. (ii)information about your past cycling experiences and general ability; and
        3. (iii)your credit card and PayPal details.

          During the course of your participation in KashKom, we may collect other personal information from you such as:

        4. (iv)data related to your cycling activities such as your heart rate; and
        5. (v)information about your geographical location and places that you have travelled.
      2. (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.

      3. (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).

      4. (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.

      5. (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.

      6. (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:

        1. (i)related bodies corporate of the Company;
        2. (ii)any KashKom prize supplier and its related bodies corporate. In some circumstances, the prize supplier may use the personal information for direct marketing purposes at their own discretion; and
        3. (iii)the Company’s service providers including third party providers that assist us with maintenance of the App and the Website and with data storage.
      7. (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.

      8. (h)Our privacy policy sets out details of how we will collect, store, manage, use and disclose personal information we collect from you and is available at www.kashkom.com. Our privacy policy also contains information about how you can access and seek correction of the personal information held by us, how you can complain to us about a breach of the Privacy Act or the Australian Privacy Principles and how we will respond to and deal with such a complaint.

      9. (i)Any inquiries, complaints or feedback you may have regarding privacy matters can be directed to our Privacy Compliance Officer at info@kashkom.com

    4. 2.4Payment of fees in KashKom

      1. (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.

  3. Official Rules

  4. Beginning a competition

    1. (a)You can register to participate in any current competition available to Participants in your Cycling Grade through the App and/or the Website.
    2. (b)The current competitions which you are eligible to participate in will be published from time to time on the App and/or the Website.
    3. (c)Any money that you are eligible to win by entering a particular competition on KashKom will be published on the App and/or the Website.
    4. (d)You will be required to purchase entry into any competition that you wish to enter by having the application fee for that competition deducted from your nominated Payment Facility. You will not be entitled to enter a competition if there are insufficient funds available through your Payment Facility to pay the application fee in full for a competition you wish to enter.
  5. During a competition

    1. (a)Any cycling data you upload to KashKom through the App will be applied toward any current competition you have registered to compete in.
    2. (b)To be eligible to win a competition, you must have uploaded your speed, heart rate, and cadence for each period of time you wish to count towards the competition.
    3. (c)Your performance in relation to a particular cycling goal will be determined by the cycling data uploaded to the App from your Device. This data will be uploaded by interaction between the App and the Device. Participants cannot upload data manually to KashKom.
    4. (d)The data you upload from a Device will be analysed against the particular cycling challenge set for the competition, and you will be ranked on a leaderboard depending on your performance against other Participants registered for the competition that relates to the cycling challenge. For example, if the cycling challenge set for a competition is to determine the Participant that has ridden the greatest number of kilometres over a particular period, the Participant that uploads data which demonstrates that they have ridden the most number of kilometres will be ranked first on the leaderboard, the Participant that uploads data which demonstrates that they have ridden the secondmost number of kilometres will be ranked second on the leaderboard, etc.
    5. (e)Participants are able to win prize money if they are ranked first, second, or third on the leaderboard for a particular competition when that competition concludes.
    6. (f)The leaderboard for each competition will be published on the App and the Website and will be updated where a Participant that is registered for the competition uploads new data from their Device. Your performance on the leaderboard will be updated as your data is uploaded from your Device to the App.
    7. (g)The Company reserves the right to require you to provide additional data points in order to validate your performance against a particular cycling goal such as power meter data.
    8. (h)The Company reserves the right to alter the terms of a competition to require you to upload other data to verify your performance against a particular cycling goal, such as power meter data from a device attached to your bicycle.
  6. Conclusion of a competition

    1. (a)Unless otherwise stated on the App, each competition will commence at midnight on the date published on the App as being the commencement date of the competition and will conclude at 11:59 pm on the date notified on the App as being the finishing date of the competition.
    2. (b)At the conclusion of the competition, the Company will reconcile the performance of each Participant registered for the competition and determine which of the Participants is ranked first, second and third on the leader board in respect of the relevant competition. The determination of the Company will be final.
    3. (c)The prize money awarded by the Company in respect of a competition will be for the amount, or in the proportions, published on the App.
    4. (d)The Company may cap the prize money available in aggregate across all competitions by notifying Participants on the App.
    5. (e)The Company will contact each Participant that is entitled to prize money within two weeks of the conclusion of the relevant competition. The Company will make payment of prize money by way of electronic funds transfer to the bank account nominated by the Participant during the registration process (as updated by the Participant through the App from time to time). The Company is under no obligation to make payments to any other account. Payment of the prize money by the Company to the bank account nominated by the Participant will be a complete discharge of the Company’s obligation to the Participant in respect of the prize money.
    6. (f)The Company accept no responsibility for any tax implications that may arise from any prize winnings. Where the operation of any KashKom competition results in, for GST purposes, supplies being made for non-monetary consideration, you agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market value.
  7. Anti-competitive behaviour

    1. (a)Any data that you upload to KashKom must have been generated by your personal exertion by riding a two wheeled bicycle and without the assistance of any other device, vehicle, battery, motor or other device.
    2. (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;

      1. (i)falsified or modified the data; or
      2. (ii)produced or obtained the data other than by cycling on a two-wheeled bicycle under your own power.
    3. (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.

    4. (d)You will be able to contact KashKom during competitions to report any data or other behaviour by a Participant that you consider to be suspicious or to have been derived in breach of these Terms. The Company may, but is not obliged to, investigate any such notification and take such action that it deems necessary.
  8. Release

    1. (a)By registering for KashKom and any competition conducted through KashKom or the KashKom App, you:

      1. (i)agree to abide by all relevant road regulations and other laws that govern the conduct of cycling and cyclists;
      2. (ii)acknowledge that cycling contains inherent risks and that it is your responsibility to:

        1. (A)ensure that you are physically able to participate in any cycling challenge without risk to your health or wellbeing; and
        2. (B)undergo periodic medical assessments and obtain any medical or other treatment recommended to you;
      3. (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;

      4. (iv)release the Releasees from any and all liability to you whatsoever in negligence, breach of contract or statute or statutory duty for any personal injury, loss or damage, whether direct or indirect or consequential, suffered by you in connection with or arising in any way from the your participation in KashKom or a competition operated through KashKom or the App or the Website; and
      5. (v)agree to indemnify the Releasees against all actions, proceedings, claims, demands, costs and expenses whatsoever in respect of or in any way arising out of your participation in KashKom or your use of the App or Website.
  9. Limitation of Liability

    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.

  10. Indemnity and release

    1. (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:

      1. (i)any breach of these Terms by you (including any breach of the warranties provided you or obligations);
      2. (ii)personal injury (which includes illness) or death of any person caused by, arising out of, or in connection with any activity for which you are responsible; and
      3. (iii)any negligent or willful act or omission by you.
    2. (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.

  11. Use and ownership of Intellectual Property

    1. (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.

    2. (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.

    3. (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.

    4. (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.

  12. General Provisions

    1. (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.

    2. (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.

    3. (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.

    4. (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.

    5. (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.

    6. (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.

    7. (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.]