Terms and Conditions - Adelaide Epic Ride

PARTIES

Between:

NX Biz Pty Ltd (ABN 21 141 818 779) of 90-92 Chinderah Bay Drive, Chinderah in the State of New South Wales

AND:

NX Sports Community Foundation Ltd (ABN 99145432006) of Suite 4, Level 2 – 215 Wharf Street, Spring Hill in the State of Queensland

(together, NX)

AND:

The party who is a Participant, or who is granted an Entry, or who obtains a Ticket, or who makes an Application, or who uses our Systems, or who is an Attendee, or who is a User, or who is a Purchaser

(‘You’, ‘Your’, ‘I’)

OPERATIVE PROVISIONS

1. Definitions

1.1 Application means the process by which a party who applies for a paid or an unpaid Event pending an approval by NX;

1.2 Attendee means a party that attends an Event or is virtually involved in an Event;

1.3 Charge means a cost passed onto the Party;

1.4 Charity and Fundraising means activities to support charities and raise funds for charitable causes;

1.5 Claims means all claims, liabilities, demands, suits, causes of action, damages, debts, costs, verdicts and judgments whatsoever whether at law or in equity or under any statute in connection with or arising out of the Event;

1.6 Consultancy means those services which NX has agreed to provide to a third party;

1.7 Credit means a credit for the dollar value for a prize, or an award, or for the Fee for an Event;

1.8 Entry means the right to participate in an Event;

1.9 Event means a competition, or an activity, or a promotion, or a virtual activity, or an activation;

1.10 Event Suppliers means the third-party suppliers contracted by NX to facilitate the delivery of the Event.

1.11 Event Partner means any organisation that NX partners with to deliver an Event, including any charitable organisation for which fundraising is undertaken on behalf of;

1.12 Fee means the price payable to participate in an Event noting the GST amount;

1.13 Force Majeure means any act or circumstance which is beyond the reasonable control of the parties that prevents or significantly hinders either party from fulfilling its obligations under these Terms and Conditions. Such acts or circumstances may include, but are not limited to, natural disasters (such as earthquakes, floods, and fires), acts of war or terrorism, civil disturbances, government actions or regulations, labour strikes or disputes, epidemics or pandemics, and any other unforeseeable act of circumstance which is reasonable beyond the control of the affected party;

1.14 Levy means the cost of a service;

1.15 Loaned Equipment means any equipment or other property of NX used by the Participant while participating in the Event and includes timing chips;

1.16 Medical Certificate means a certificate issued by a qualified medical practitioner;

1.17 Minor means a person who is under the age of 18 years authorised to be Party by a legal guardian or parent who is over the age of 18 years;

1.18 Participant means the party who participates in an Event;

1.19 Party means, as context permits, either NX or You;

1.20 Peak Body means the associations or bodies corporate that govern and regulate specific sports or sport that form the Event.

1.21 Price means the total amount paid in Australian Dollars domination;

1.22 Prizes means any prize offered by NX to Participants (if any);

1.23 Purchase means the buying of merchandise, equipment, insurances, Entries from NX;

1.24 Purchaser means a party who makes a Purchase from NX;

1.25 Refund means the return of all or a portion of the Fee paid by a Participant or the Price paid by a Purchaser (as may be applicable);

1.26 Rules and Regulations means the guidelines which govern Events when Sanctioned by the Peak Bodies, and/or the rules and regulations stipulated by NX in the Athlete Guide, on the Event website, or in the Event Briefing;

1.27 Sanction means an endorsement by AusTriathlon or AusCycling or another Peak Body in accordance with their rules and regulations

1.28 Service means the range of services NX provides to which these Terms and Conditions apply;

1.29 Systems means the tools used by NX to manage Entries and Purchases;

1.30 Terms and Conditions means this document;

1.31 Third Party Event means those Events which NX has agreed to produce for another organisation, business or person;

1.32 Ticket means a certification of a Party’s Entry into an Event;

1.33 Transfer means when a Party is moved from one Event into another Event;

1.34 User means a Party that uses any NX Systems;

1.35 Virtual Event means an Event held by NX that are accessible by Participants in any location;

1.36 Understanding means the arrangement between You and NX, where NX provides a Service, Event, Consultancy, which is delivered with best endeavours;

1.37 Website means the use and access of web pages and web sites relevant to the Events;

1.38 Withdrawal means a written notification provided by a Participant to NX of the Participant’s withdrawal from an Event;

1.39 ‘You’, ‘Your’, ‘I’ means the party who is a Participant, or who is granted an Entry, or who obtains a Ticket, or who makes an Application, or who uses our Systems, or who is an Attendee, or who is a User, or who is a Purchaser (and they may be an individual, an athlete, a community person, a volunteer, a crew member, a team captain, a team member, or an employee).

2. Participation

2.1 Acceptance

(a) The Participant’s Application and Entry into the Event is deemed to be an acceptance of these Terms and Conditions.

(b) I acknowledge that, should I purchase an Entry on behalf of others, I must gain their consent to do so. By submitting the Application, I am accepting these Terms and Conditions on their behalf.

2.2 Risks of Participation I accept that my participation in an Event may seriously injure me or cause my death from:

(a) dehydration;

(b) physical stress;

(d) equipment failure;

(e) accidents with other participants;

(f) accidents with spectators;

(g) accidents with road users;

(h) drowning;

(i) use of courses;

(j) hazardous weather conditions; or

(k) other unexpected causes.

2.3 I understand that I should not participate in an Event unless I have prepared myself to a standard which is reasonably expected from participates of an Event, and my physical and mental condition has been verified by a medical practitioner as being of a standard sufficient to endure the expected stresses of the Event.

2.4 I agree that I may be withdrawn from the Event by NX, Race Officials, or First Aid due to suspected medical conditions.

2.5 I acknowledge that the leading cause (more than 90%) of non-traumatic sudden death in competition is related to a pre-existing cardiac abnormality and I will seek medical advice for same in advance of participating in the Event.

2.6 Consent of use of Details and Image I consent to:

(a) my name, contact details, and photos being included on the Event database for commercial purposes

(b) the publication and/or use in any form of media whatsoever of my name, race result, image, voice, statement or otherwise, including the publication of my name and/or event result and applicable age bracket in the media, social media, marketing materials, NX website or any other reasonable location (without entitlement to payment or compensation).

(c) NX automatically subscribing me to any email newspaper, which contains important information and updates relating to matters associated with the Event. If I wish to withdraw my consent to this at any stage, I can expressly opt-out.

2.7 Rules and Regulations I agree to participate in the Event in accordance with the Rules and Regulations and any relevant state and federal laws and will accept and comply with any local council and police permit conditions and any other rules and regulations determined by NX that apply to the Event.

3. Event

3.1 Event Rules and Format I agree that:

(a) the Event will be governed by the Rules and Regulations;

(b) I will abide with:

(i) the Rules and Regulations; and

(ii) any other rules and direction issued by NX or any Peak Bodies.

(c) NX may change the Event format, program, course, duration or other race conditions at their discretion, and this agreement applies to the changed conditions;

(d) if the Event is a Triathlon and the swim leg is cancelled, a duathlon will be programmed;

(e) if I breach the Rules and Regulations I understand that:

(i) NX reserves the right to accept or deny the involvement of Participants, sponsors, volunteers or other persons or entities in an Event; and

(ii) NX can penalise, withdraw, ban and/or take legal action against Participants and Parties that defame, discredit, inflame, agitate, discriminate, threaten, bully, abuse undermine, troll, and NX may report the matters to other event organisers or Peak Bodies.

3.2 Event Location & Security

(a) I understand that all Events, courses, venues remain subject to final approval conditions of the stakeholders, police, and local council (as may be applicable).

(b) I accept that:

(i) the Event or parts of the Event may be held on closed roads, paths, venues, and space;

(ii) if the Event or part of the Event are held in areas defined in clause 3.2(b)(i) NX does not guarantee any standard of safety or security;

(iii) The Event or parts of the Event may be held on roads, paths, venues, and spaces that are not closed, and are considered open and shared with other users and vehicles;

(iv) If the Event or part of the Event are held in areas defined in clause 3.2(b)(iii) increases the risk to me and these areas demands my full attention, and extra safe behaviours to ensure my wellbeing.

(c) I consent to NX, an Event Partner or Event Supplier conducting identity verification checks, background security checks and any other reasonable security enquiries (which may include inspecting my personal property) prior to my entry to and / or departure from any location of the Event.

(d) I agree to ‘wear’ and affix personal identification as provided by NX for the Event.

(e) I agree to remove my Event identification when requested by NX or when I Withdraw from the Event.

3.3 Personal Property

I am fully responsible for the security and insurance of my personal possessions and valuable items at the Event and agree that NX will not be liable for the loss or damage to any personal possessions at any time or in any location, including when I use the Transition compound or the Bag Drop .

3.4 Race Pack

(a) NX reserves the right to vary the contents of the Participant race packs (if any) at any time.

(b) I acknowledge that items contained in the race packs are limited and may sell out.

(c) I acknowledge and accept that allocation of requested sizing remains subject to availability and where a particular size is unavailable, this may see an alternative size to that nominated being provided to the Participant.

(d) Participants must ensure that their size is correctly notified to NX. Size changes may be accommodated, subject to availability and an administration and shipping fee. Further information on the process for size changes will be supplied with any race pack.

3.5 Prizes

(a) I understand that Prizes may be awarded to Participants by NX at its sole discretion.

(b) I acknowledge that NX may alter the Prizes at any time at their discretion, including (but not limited to) in the circumstances where the minimum Entries for any category (as determined by NX on a case-by-case basis) for the Event are not met.

3.6 Participation in Water

I accept that:

(a) any participation in water is significantly more dangerous and I must have the suitable skills and capabilities to participate;

(b) any participation in open water at beaches, and rivers have risks that cannot be managed due to the uncontrolled nature of water; and

(c) the provision of water safety service does not guarantee my well-being or constitute a warranty from NX as to the safety of the Event.

3.7 Pace

I agree that:

(a) I must be able to maintain the minimum overall average speed advertised in the athlete guide. Progressive closing times for locations along the Event will be noted in the technical guide;

(b) if I fall behind these closing times, I must either board the support vehicle for transportation further along the route or make private arrangements to safely leave the Event on my own recognisance; and

3.8 Use of E-bikes or other Technology or Equipment

I acknowledge and agree that:

(a) only electric power-assisted bicycles, unicycles or tricycles are permitted in the Event;

(b) engines, scooters, capable of generating over 250 watts are not permitted in the Event;

(d) riding on a tagalong, in a bicycle trailer or child seat is not permitted in the Event;

(e) personal, public, private support vehicles are not permitted in the Event;

(f) animals are not permitted in the Event; and

(g) any exceptions or variations will be listed in the Athlete Guide.

3.9 Requirements of Participant

(a) I acknowledge and agree that:

(i) it is my responsibility to have available, as I need, water, suitable food and/or medication which may be necessary to treat any particular medical condition from which I suffer;

(ii) I must ensure my bicycle (if relevant) is in sound mechanical condition prior to and during the Event including provision of spare tyre tubes; and

(iii) private support vehicles are not permitted.

(b) I agree that the use of any form of headphone listening device is not permitted during the Event.

3.10 Participation in Virtual Events

(a) NX may during the Event include a Virtual Event.

(b) A Virtual Event may be accessed by Participants through their phones and NX’s Systems.

4. Cancellation of Event

4.1 Cancellation or Postponement I acknowledge that NX reserves the right to cancel or postpone the Event for any reasons including but not limited to in the event of unforeseen circumstances and/or a Force Majeure.

4.2 Force Majeure

(a) a Force Majeure may cancel the Event or change how the Event is scheduled or delivered and/or change certain elements of the Event, and I accept that I have no claim against NX for any loss or damage related to cancellation or changes to the Event including but not limited to any travel, accommodation, training, medical, equipment and apparel costs.

(b) if a Force Majeure occurs, NX shall use reasonable endeavours to attempt to deliver the Event but shall be under no obligation to do so.

4.3 No Refund

In the event of a cancellation or postponement I acknowledge that NX will use reasonable efforts to minimise the cost to me, but I acknowledge that, subject to law, certain costs may not be refunded.

5. Participant Insurance

5.1 NX strongly recommends that all Participants procure health insurance, ambulance cover and travel insurance (if applicable) to cover their participation in the Event.

5.2 NX offers one-day membership via the Peak Body at the Point of Sale that provides a personal accident insurance for the Participant while participating.

5.3 I acknowledge that for some Events the Peak Body requires all participants be an annual member or one-day member, and that if I am not a current annual member, a one-day membership will be added to my Purchase.

6. Waiver & Release

6.1 I acknowledge and agree that:

(a) attending Events may expose me to risks to my well-being, and I accept that NX cannot prevent my exposure to all risks.

(b) my participation in an Event could result in the loss of my life or my permanent injury, and I release all persons or corporations associated directly or indirectly with the conduct of the Event from all claims demands and proceedings.

6.2 If I participate in an Event or Virtual Event, I accept:

(a) any risks associated with participation in an Event or Virtual Event;

(b) that I must consider my own safety and own medical requirements when deciding the location, venue, course or any other matter in connection with my Participation in the Event or Virtual Event and agree to indemnify NX for any liability arising from my participation in an Event or Virtual Event; and

(c) must comply with all local traffic laws, use of property laws and will not bring the Event or Virtual Event into disrepute.

6.3 I understand that participation in the Event is potentially hazardous, and that I should not participate unless I am medically able and properly trained. I understand that the Event may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. Participation carries with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death. I understand and agree that in consideration of being permitted to participate in the Event, I, my heirs, personal representatives or assigns hereby release, waive, discharge and covenant not to sue NX for any and all liability from any and all Claims arising from participation in the Event.

6.4 Release

In consideration of NX accepting my Entry into the Event, I absolutely release and waive any Claim I might otherwise have against the Releasees in respect of any injury, death, loss or damage I suffer as a result of my participation in the Event, howsoever arising, including any loss or damage arising from a breach of contract and/or negligence by the Releasees.

6.5 Limitation of Liability

(a) NX shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from:

(i) participation in the Event;

(ii) for the cost of procurement of substitute goods and services;

(iii) resulting from any goods or services purchased or obtained or transactions entered into through NX;

(iv) resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if NX has been advised of the possibility of such damages.

(b) You expressly agree that your participation in any Event is at your sole risk.

(d) NX is not responsible for any errors or omissions, or for the results obtained from the use of such information.

(e) The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the NX website is at the User’s own discretion and risk and that the User will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

7. Indemnity

7.1 I hereby indemnify and release and hold harmless:

(a) NX Sports Community Foundation Limited;

(b) NX Biz Pty Ltd;

(d) AusTriathlon Inc.;

(e) Triathlon Queensland Inc.;

(f) Queensland Cyclists Association Inc.;

(g) AusCycling – Australian Cycling Federation Inc.;

(h) any Event Supplier;

(i) any Event Partner; and

(j) their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event,;

(k) the owners, licensees and occupiers of land upon which the Event or any part of it is conducted;

(l) 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, (Releasees) against all liability (including liability for their negligence and the negligence of others) for all injury, loss or damage arising out of or connected with my participation in this Event.

7.2 This release and indemnity shall continue forever and binds my heirs, executors, legal personal representatives, and assigns.

8. Safety and Medical

8.1 Declaration

In submitting my Application, I declare to the best of my knowledge that I do not have any medical condition or impairment that could make me unfit or incapable of participating in the Event or that could materially increase the safety risk to me or anyone else participating in the Event.

8.2 Consent

I consent to receiving any medical treatment, including ambulance transportation, that NX reasonably considers necessary during or after the Event.

8.3 Medical Treatment

(a) I understand that medical treatment provided to me on Event courses and venues may be limited given the isolated location, limited resources, access, and timing.

(b) I accept that it is my responsibility to bring my own medical treatments and carry these with me at all times, including instructions for a third party in the event that I am unconscious.

(c) I accept the risk of participating despite my medical or physical conditions, and that NX will use its best endeavours to provide medical assistance, but if I am unconscious, NX will rely on my provided information.

(d) I understand that insurance cover effected for an Event Participant may not cover me for any or all injury, medical costs, loss or damage, or loss of income sustained by me.

8.4 No Guarantee

I accept the safety precautions undertaken by NX (such as race course design, race course supervision, race safety briefings) are a service to me but are not a guarantee of safety.

8.5 Acceptance of Risk

I accept my responsibility to anticipate, expect and mitigate risks in the Event by not placing myself in harm’s way.

9. Entries, Tickets, Applications, Withdrawals, Refunds

9.1 Tickets and Entry into the Event

(a) I agree that:

(i) when I lodge may Application I will pay the Fee, any Levies or Charges required by NX; and

(ii) NX will grant me an Entry and issue me with a Ticket.

(b) I acknowledge that my:

(i) Participation in the Event is subject to me providing evidence of my Ticket on demand by NX, their employee, agent or assigns;

(ii) Entry or Ticket or Application is not transferable to any other person or Party.

9.2 Charges and Levies

I accept that NX:

(a) may apply a Levy in respect of an Event which will be declared prior to NX accepting payment;

(b) may pass a Charge they have reasonably incurred on my behalf, which will be declared prior to NX accepting payment; and

(c) will pass on any Charge to me for the cost of replacing any Loaned Equipment not returned in good working condition at the completion of the Event.

9.3 Withdrawal and Postponement

(a) I acknowledge that if I Withdraw from the Event that NX may:

(i) have used my Fees for expenses directly related to the Event; and

(ii) retain all or part of my Fees.

(b) A Withdrawal must be submitted by a Participant in writing to sales@nxsports.org.

(c) If a Participant submits a Withdrawal that is due to a medical incapacity, including COVID illness, they must provide a medical certificate supporting their Withdrawal.

(d) NX, in their sole discretion may offer a Refund, a Credit or a mixture of both to a Participant who Withdraws from an Event.

(e) If a Withdrawal is received:

(i) not less than 45 days before the Event, NX may offer the Participant a:

A. Refund of 80% of the Fees; or

B. Credit.

(ii) Between 44 and 14 days before the Event, NX may offer the Participant a:

A. Refund of 50% of the Fees; or

B. Credit.

(iii) Between 13 days and 3 days from the Event, NX may offer the Participant:

A. if the Participant provides a medical certificate that complies with clause 9.3(c), a Refund of 50% of the Fees, or a Credit, if requested by the Participant; or

B. if the Participant does not provide a medical certificate that complies with clause 9.3(c), a Credit.

(iv) In the 48 hours before the Event, NX may offer the Participant, if the Participant provides a medical certificate that complies with clause 9.3(c), a Credit.

(f) I agree that:

(i) If I do not complete the full Event, I am not entitled to a Refund, Transfer or Credit;

(ii) NX may postpone or modify the Event due to any reason and there will not be a Refund of my Fee;

(iii) If NX postpones the Event, my Entry and Ticket will automatically Transfer to the new Event date and these Terms and Conditions will continue to apply.

9.4 Credits

I understand that:

(a) any Credit cannot be converted to cash or cash equivalents;

(b) if I use a Credit to enter an Event where:

(i) the Fee is greater than the Credit; and

(ii) the difference exceeds $10, I shall pay the difference between the Credit and the Fee;

(c) Any Credit or Prize will expire within 12 months of the date of issue and cannot be Transferred or converted to cash or cash equivalent and must be used in a single transaction.

10. Website

10.1 I agree to use the web pages and web content in accordance with these Terms and Conditions.

10.2 I agree to read all details on the website before making a Purchase or Application.

10.3 I agree that NX Websites and Systems will use cookies to improve their performance.

11. Third Party Events or Services

11.1 I agree NX may under a contract or an agreement with a third-party individual, association, event, company, or entity agree to provide event or sports management services, and or point of sale systems, marketing services, and the Party agrees to participate on the same terms as described herein these Terms and Conditions

11.2 I accept NX may:

(a) through its Systems and Websites may promote items such as merchandise, accommodation for sale;

(b) offer third-party service or product, and such purchases will be subject to the terms and conditions of the third-party;

11.3 Where I make a purchase from NX or an Event Supplier or Event Partner, subject to any applicable laws, I accept that the Price cannot be refunded (including for personalised items).

12. Privacy Policy

12.1 What information does NX collect about you?

(a) NX collects personal information including:

(i) names;

(ii) addresses;

(iii) ages and date of birth;

(iv) genders;

(v) contact information such as phone numbers and email addresses; and

(vi) emergency contact and medical information.

(b) If you are participating in an Event, NX may take images or audio-visual recordings which identify you.

12.2 Why does NX collect your information?

(a) The purpose for collecting your personal information usually depends on the nature of your interaction with NX, but may include to:

(i) allow NX to publish Event placings, including individual Event times, ages, names and Qualification and Championships status of Participants;

(ii) allow NX to deliver the Event;

(iii) obtain and maintain insurance for an Event;

(iv) undertake direct marketing to Participants; and

(v) undertake research.

(b) If the personal information is not collected NX may not be able to deliver the Event.

12.3 How does NX use and disclosure your personal information?

(a) NX may use or disclose your personal information for the purpose of informing you about NX’s services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details at clause 15.

(b) NX intends to disclose the information it collects to:

(i) NX’s insurance provider;

(ii) Event Suppliers including Medical and First Aid service providers, timing service providers, photography and videography service providers;

(iii) Research analysts;

(iv) The Peak Body; and

(v) Charitable organisations that join with NX to deliver an Event.

12.4 How can you access or seek a correction of your personal information?

(a) You are entitled to access your personal information held by NX on request. To request access to your personal information please contact NX’s privacy officer using the contact details at clause 15.

(b) You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

(c) NX will take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date. You can help NX to do this by letting NX know if you notice errors or discrepancies in information NX holds about you and letting NX know if your personal details change.

(d) However, if you consider any personal information NX holds about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, NX will take reasonable steps to correct your information.

(e) NX may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If NX does refuse your request, NX will provide you with a reason for our decision and, in the case of a request for correction, NX will include a statement with your personal information about the requested correction.

12.5 What should you do if you have a complaint about the handling of your personal information?

(a) You may contact NX at any time if you have any questions or concerns about this Privacy Policy or about the way in which your personal information has been handled.

(b) You may make a complaint about privacy matters to the privacy officer at the contact details at clause 15.

(c) The privacy officer will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. NX will generally respond to your complaint within a week.

(d) If your complaint requires more detailed consideration or investigation, NX will acknowledge receipt of your complaint within a week and endeavour to complete its investigation into your complaint promptly. NX may ask you to provide further information about your complaint and the outcome you are seeking. NX will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

(e) In most cases, NX will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or NX’s investigation may take longer, NX will let you know.

(f) If you are not satisfied with NX’s response to your complaint, or you consider that NX may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

13. Charity and Fundraising

13.1 I agree NX will for some Events offer a fundraising option for charitable causes and may integrate a non-NX system into the point-of-sale system, and some information will be shared in accordance with the fundraising platform terms and conditions.

13.2 NX will declare on the website when your details are shared with a fundraising platform.

14. Non-Participant Information

14.1 NX will collect personal information in some activities for those who are not members, or who are not participants, or who are not our direct customers.

14.2 If NX collects personal information of non-participants, then it will be dealt with in accordance with the Privacy Policy outlined in clause 12.

15. Contacting NX

If you have any questions or comments about these terms and conditions, disclaimer, or privacy policy, or if you wish to discuss about how NX have managed personal information, please contact:

(a) By telephone: 1300 282 949; or

(b) By e-mail: growth@nxsports.org.

16. General Provisions

16.1 Entire agreement

This document constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in writing.

16.2 Variation

This document may be varied by NX at any time at is sole discretion provided that the variation does not materially prejudice the Participant’s rights and obligation under this document.

16.3 Waiver

A right created by this document cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.

16.4 Further assurances

Each party must promptly execute all documents and do every thing necessary or desirable to give full effect to the arrangements contained in this document.

16.5 Governing law and jurisdiction

(a) The laws applicable in Queensland govern this document.

(b) The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

16.6 Severance

If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

16.7 Preservation of existing rights

The expiration or termination of this document does not affect any right that has accrued to a party before the expiration or termination date.

16.8 No merger

Any right or obligation of any party that is expressed to operate or have effect on or after the completion, expiration or termination of this document for any reason, will not merge on the occurrence of that event but will remain in full force and effect.

16.9 Good faith

Each party must act in good faith towards all other parties and use its best endeavours to comply with the spirit and intention of this document.