Gold Proprietary Ltd (ACN 614 977 338)
Application Terms and Conditions
APPLICATION TERMS & CONDITIONS
By downloading, installing, accessing or using this Application, you acknowledge that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms you should uninstall and/or cease to access and use this Application immediately.
The by Bolt For Gold and the terms “we”, “us” refer to Bolt For Gold. The term “you” refer to users of the (each a “User”).
1. Eligibility and Basis of Use
(a) The Application may only be used by individuals aged eighteen (18) years or older, or those who have the consent of a legal guardian who is 18 years or older. If you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older you must not use the Application.
(b) Using the Application may be prohibited or restricted in certain countries. If you use the Application outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the Application.
(c) You can cease to use the Application at any time by deleting or removing it from your device.
(d) Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or dis
(e) tribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (Content) is prohibited.
2. Footraces and Prizes
(a) The Application enables Users to participate in footraces (Race or Races). Participation in Races is optional.
(b) All Races open to participation via the Application are governed by the game rules posted on the Application (Bolt For Gold Game Rules).
(c) Users who participate in Races may be eligible to claim a prize, in accordance with the Bolt For Gold Game Rules.
(d) Eligibility to claim a prize is dependent on a User’s ability to cross a pre-determined distance, on foot, before other Users of the Application.
(e) All distances are set by Bolt For Gold or its Sponsors. If a location that a User must pass through or reach in order to complete a Race or claim a prize requires the User to enter private premises, cross dangerous terrain or a location that is not otherwise reasonably accessible, the User must not attempt to enter or reach that location and indemnify and hold Bolt For Gold harmless against any loss, damage or injury that the User (or a third party claiming through the User) suffers as a result of a breach of this clause.
(f) All prizes are made available by Bolt For Gold sponsors, as set out on the Application. Users who are eligible to claim a prize agree and acknowledge that in claiming and making use of a prize they contract with the relevant Bolt For Gold sponsor directly and not with Bolt For Gold.
(g) Sponsor prizes may consist of cash, gift vouchers, goods or services or any one or more of the aforementioned.
(h) Prizes can be claimed via the method set out on the Application or as otherwise advised by the relevant sponsor.
(i) Bolt For Gold reserves the right to disqualify any User from a Race and deny any eligible User the right to claim a sponsor prize in circumstances where it reasonably appears to Bolt For Gold that the User has not complied with the terms and conditions of the Race.
3. Private Footraces and Prizes
(a) The Application enables Users to conduct private footraces (Private Race or Private Races) during which a User determines the race time, distance and number of participants to the Private Race. The User organising the Private Race will receive an auto generated unique code which will enable the User and other Users to access the Private Race on the Application.
(b) The Application allows Users to create Private Races of up to ten (10) participants for free. For Private Races with Users of more than 10, an in-app purchase fee is required.
(c) If a User provides a monetary prize to the winner of a Private Race organised through the Application, Bolt For Gold is entitled to [%] of the prize amount, regardless of the value of the amount.
(d) Physical prizes are only permitted for Private Races granted that the User takes full responsibility of the prize, including purchasing and delivering the prize to the winner as per the User’s agreement with the winner.
(e) Bolt For Gold does not review any Private Races. By organising and/or participating in a Private Race you indemnify and hold Bolt For Gold harmless against any loss, damage or injury that the Users (or a third party claiming through the Users) suffers as a result of the Private Race.
(f) Notwithstanding clause 2 and clause 3, reference to “Race” or “Races” in these Terms includes Private Races.
4. Additional Terms and Conditions
These Terms supplement and incorporate:
(a) the Bolt For Gold policies and terms and conditions (Bolt For Gold Policies) and the Bolt For Gold Game Rules;
(b) the Apple, Inc. Terms and Conditions including, without limitation, the Licensed Application End User License Agreement provided therein (Apple Terms); and
(c) the Android, Google Inc. Terms and Conditions including, without limitation, the License Agreement and Terms of Application (Android Terms).
If any of the provisions of the Apple Terms, the Android Terms or any applicable Bolt For Gold Policies conflict with these Terms, these Terms have priority, solely to the extent that the Terms apply to the Application.
(a) Access to the Application will require a User to register for an account on the homepage of the Application (Account).
(b) Basic information is required when registering for an Account. Each User is required to provide certain information including name, email address and password.
(c) Each User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. Bolt For Gold reserves the right to suspend or terminate any Account and a User’s access to the Application if any information provided to Bolt For Gold proves to be inaccurate, not current or incomplete.
(d) It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions. The User will change its password regularly.
(e) The User will immediately notify Bolt For Gold of any unauthorised use of its Account.
6. Copyright and Intellectual Property
(a) Our Application contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Application. Bolt For Gold, the Bolt For Gold logo, and other Bolt For Gold material used in connection with the Application are unregistered or registered trademarks of Bolt For Gold (collectively Bolt For Gold Marks).
(b) Intellectual property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Bolt For Gold Marks, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Bolt For Gold (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Application; trade, business company or organisation names; internet domain names; and Content, images and layout (Intellectual Property).
(c) You agree that, as between you and us, we own all Intellectual Property rights in the Application, and that nWe own the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Application. The Application is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Bolt For Gold or the owner of the Content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively Third Party Marks).
(e) The Intellectual Property, Bolt For Gold Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Bolt For Gold or the applicable trademark holder.
(f) Users do not obtain any interest or licence in the Intellectual Property, Bolt For Gold Marks or Third Party Marks without the prior written permission of Bolt For Gold or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights of Bolt For Gold or third party Intellectual Property rights holders.
7. User Licence
(a) Subject to these Terms, Bolt For Gold grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Application for your own personal and/or non-commercial use only on a computer or mobile device (each a Device) owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Application in any other way or for any other purpose, apart from local fair dealing legislation.
(b) The right to use the Application is licensed to you and is not being sold to you. You have no rights in the Application other than to use it in accordance with these Terms.
(c) These Terms and User Licence govern any updates to, or supplements or replacements for, this Application, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
8. User Warranties
(a) By using our Application, you warrant that you possess the legal capability and authority to enter into the Terms and to use the Application in accordance with the Terms; any registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and your use of our Application does not violate any applicable law or regulation.
(b) As a condition of your use of our Application, you agree to abide by the Terms; not to provide the Application to any third party; that Bolt For Gold has the right to refuse you any and all current or future use of the Application and that Bolt For Gold reserves the right to include or exclude entry to, or remove a User from the Application.
9. Online Payment
(a) The Application is free to download and use but access to additional features requires either an in-app purchase or monthly subscription payment, depending on the feature the User wishes to access, as set out in the Bolt For Gold Game Rules. The payment methods for in-app purchases and subscriptions are set out at the place of purchase, in the currency specified at the time of transaction.
(b) To keep information secure and confidential, Bolt For Gold uses SSL security with payments and payments details being managed by PAYPAL. Bolt For Gold does not handle any payments or payment details provided by a User.
(c) In the absence of fraud or mistake, all payments made are final and you do not have the right to cancel your purchase for any reason and further you agree to satisfy all such payments made.
(d) Nothing prevents us from taking any action necessary to recover any unpaid purchase price. If you fail to pay, your information will be passed on for collection and or legal action. You acknowledge and agree that you are liable for and will pay all costs including debt collection, commission, solicitor’s fees and any out of pocket expense. If you at any time exceed our payment terms and as a result are passed on for collection and or legal action, we may place a default against you with a credit reporting agency.
(e) Our pricing structure or payment methods may be amended from time to time in our sole discretion.
10. User Information and Security
(a) The Application may require the transmission of information provided by the User including User names and passwords, addresses, e-mail addresses, the User’s location (User Information).
(c) The Application records a User’s location during a Race for the sole purpose of reviewing the Race paths and/or determining if a User has breached the Bolt For Gold Game Rules.
(d) User Information is stored securely. If we are aware of a breach of security, we will notify affected Users and we will cooperate with authorities regarding the breach.
(e) The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for the purposes of the Application, for all transactions and other activities in the User’s name, whether authorised or unauthorised.
(f) The User agrees to immediately notify us of any unauthorized transactions or breach of security associated with the Application. We are not responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.
(g) The Application may allow Users to submit status text, profile photos and other communications (Status Submissions). These Status Submissions may be hosted, shared, and/or published as part of the Application, and may be visible to sponsors and other Users. Direct messages, location data and photos or files that you send directly to other Users (Private Posts) will only be viewable by those User(s) or group(s) of Users you directly send such information; but Status Submissions may be globally viewed by Users. You acknowledge that if you do consent to this publication, you will not submit it as a Status Submission to the Application. You retain your ownership rights in your Status Submissions. You acknowledge that whether or not such Status Submissions are published, Bolt For Gold does not guarantee any confidentiality with respect to any Status submissions.
(h) In connection with Status Submissions, you warrant that: (i) you own or have the necessary licences, rights, consents, and permissions to use, and you authorise Bolt For Gold to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Application and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Application and these Terms.
(i) By submitting any Status Submissions to the Application, you hereby grant Bolt For Gold a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Application and Bolt For Gold (and its successor's) business, including without limitation for promoting sponsors features on the Application and promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Application a non-exclusive licence to access your Status Submissions through the Application.
(j) The Application may require the transmission of User Information. In order to access and use the features of the Application, you acknowledge and agree that you will have to provide Bolt For Gold with your mobile phone number and location. You expressly acknowledge and agree that in order to provide the Application, enable you to participate in Races and claim prizes, Bolt For Gold will periodically determine your location through your Device. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Bolt For Gold to access your location in order to provide and use the Application. We do not collect addresses, just names, mobile phone numbers, email addresses and User locations.
(k) Bolt For Gold does not endorse any Status Submission, Private Posts or any opinion, recommendation, or advice expressed therein, and Bolt For Gold expressly disclaims any and all liability in connection with Status Submissions and Private Posts. Bolt For Gold also reserves the right to decide whether Content or a Status Submission or a Private Post is appropriate and complies with these Terms. Bolt For Gold may remove such Status Submissions or Content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
(l) You are solely responsible for the Status Submissions, Private Posts and other information that you submit and that are displayed for your Device on the Application. You must notify Bolt For Gold immediately of any breach of security or unauthorised use of your Device. Although Bolt For Gold will not be liable for your losses caused by any unauthorised use of your Account, you may be liable for the losses of Bolt For Gold or others due to such unauthorised use.
(m) You are solely responsible for Status Submissions or other communications you transmit onto third party platforms (such as Facebook and Twitter) using the Application and may be subject to third party terms and conditions. Bolt For Gold does not guarantee any confidentiality with respect to these Status Submissions.
11. Acceptable Use and Prohibited Use
(a) Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content, Status Submissions and Private Posts must comply with these Terms and the Bolt For Gold Policies. In no event may the Application be used in a manner that:
i. harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
ii. is unlawful, fraudulent or deceptive;
iii. uses technology or other means to access the Application or Content that is not authorized by us;
iv. uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Application or Content;
v. attempts to or tampers with, hinder or modify the Application, attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Application including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Application;
vi. attempts to gain unauthorised access to our computer network or user accounts;
vii. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
viii. violates these Terms;
ix. attempts to damage, disable, overburden, or impair our servers or networks;
x. fails to comply with applicable third party Terms; or
xi. facilitates or assists another person to do any of the above acts.
You must not:
(b) post, upload, publish, submit or transmit any Content (including but not limited to Status Submissions) that:
i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights or rights of publicity or privacy;
ii. is fraudulent, false, misleading or deceptive;
iii. requests money from, or is intended to otherwise defraud other Users;
iv. denigrates Bolt For Gold or the Application;
v. transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.
vi. contains videos, images or media content of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
vii. is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
viii. is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
ix. promotes illegal or harmful activities or substances.
(d) breach copyright or Intellectual Property rights, including but not limited to, that you must not republish, copy, distribute, transmit or publicly display material from our Application; alter or modify any of the code or the material on the Application;
(e) cause any of the Application to be framed or embedded in another website;
(f) use the Application for commercial purposes;
(g) collect or harvest any personally identifiable information, including phone number, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation or spam purposes;
(h) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Application; or
(i) attempt to cheat in a Race or claim a prize through fraudulent means;
(j) facilitate or assist another person to do any of the above acts.
(k) We reserve the right, in our sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the Application, that we reasonably believe is or might be in violation of these Terms or Bolt For Gold Policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
(l) Upon termination of the Terms, we have no further obligation to you, and may cease to provide the Application to you. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
(a) Our Application comes with consumer guarantees under applicable local consumer law that cannot be excluded.
(b) Certain legislation, including Australian Consumer Law, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Bolt For Gold are able to do so, the liability of Bolt For Gold and its affiliates under those provisions will be limited, at its option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (2) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
(a) We provide the Application to the User as is, and the User is using the Application at his or her own risk.
(b) To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Application is merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Application by the User is in compliance with laws applicable to the User or that User Information transmitted in connection with the Application (including as part of online payment) will be successfully, accurately or securely transmitted.
(c) We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the Application, technical accessibility, fitness or flawlessness of the Application, or that your use of the Application will not infringe rights of third parties.
(d) Use of our Application may require you to undertake exercise in the form of walking, jogging and/or running and may expose you to inclement weather and unsafe and/or dangerous terrain. You acknowledge and agree that you are aware of the inherent risks of injury to health resulting from use of the Application and participating in exercise generally. You acknowledge and agree to release us, our sponsors, our agents, affiliates, employees, members, promoters and any person or body directly or indirectly associated with us against any liability, claims, demands, and proceedings arising directly or indirectly from your access or use of the Application, participation in a Race or in claiming or using a prize. Any advice we provide you is general and should not be used as a substitute for medical treatment. We accept no responsibility and will not be liable for any harm, loss, damage or injury that you suffer as a result of any advice that is inaccurate, incomplete, unsuitable or misinterpreted.
14. Limitation of Liability
(a) As a condition of using the Application, and in consideration of the Application provided by us, we exclude and you agree to the fullest extent allowable under applicable law, in no event shall Bolt For Gold and its parent or related bodies corporate (i) be liable to the User or any third party with respect to use of the Application, including without limitation participation in online payment; and (ii) be liable to the User or any third party for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss of earnings, loss of business opportunities, loss, theft or corruption of User Information, the inability to use the Application or device failure or malfunction, however arising (including negligence) or otherwise arising in connection with:
i. participation in a Race;
ii. claiming a prize or making use of a prize;
iii. the use of the Application by you, including but not limited to damages resulting from or arising from your reliance on the Application, or the interruptions, errors, defects, delays in operation or other conduct by third parties, or any failure of performance of the Application;
iv. any unauthorised access to or use of our secure servers and /or any personal information or financial information stored therein;
v. any errors or omissions in any Content posted, emailed, transmitted or otherwise made available or any offensive, defamatory or illegal Content;
vi. the disclosure of any of your information;
vii. the breach, or alleged breach, of any warranty, express or implied, relating to these Terms or any transaction; or
viii. Government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control.
(b) To the fullest extent allowable under applicable law, the User’s sole remedy is to cease use of the Application or to cease participation in online payment.
(c) To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of Bolt For Gold and its parent or other affiliated companies to a User, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Application, is the amount that the User pays, if any, to Bolt For Gold for access to or use of the Application during the six months period immediately prior to the event giving rise to such liability or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(d) The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Bolt For Gold.
(a) By using the Application, you agree to defend and indemnify officers, directors, contractors, employees and agents from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Application or participation in a Race promoted and hosted via the Application; any breach by you of these Terms; any wilful, unlawful or negligent act or omission by you; and any violation by you of any applicable laws or the rights of any third party.
(b) We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and your use of the Application. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
(a) Amendments: Bolt For Gold reserves the right to amend, change or modify these Terms or any other Bolt For Gold Policies related to use of the Application at any time and at its sole discretion by posting revisions on the Application. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications. If any change or modification is unacceptable to you, you can choose to cease to use our Application.
(b) Governing Law and Jurisdiction: This Application is governed by the laws of New South Wales and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales.
(c) Severability: If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
(e) Entire Agreement and Understanding: In respect of the subject matter of the Terms, the Terms contain the entire understanding between the Parties. Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms and each of the Parties has relied entirely on its own enquiries before entering into the Terms.
(f) Termination: The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.
For any questions or notice, please contact us at:
Bolt For Gold Pty Ltd (ACN 614 977 338)
Last update: 28 December 2017
LegalVision ILP Pty Ltd owns the copyright in this document and use without permission is prohibited.
BOLT FOR GOLD PROPRIETARY LTD SPONSOR TERMS AND CONDITIONS
TERMS AND CONDITIONS – attached to Proposal
1. ACCEPTANCE 1.1 These Terms are between Bolt For Gold Proprietary Ltd (ACN 614 977 338), its successors and assignees (referred to as “we” and “us”) and you, the person, organisation or entity described in the Proposal (referred to as “you”), each a “Party” and collectively the “Parties”. These Terms apply to all Services provided by us to you. 1.2 You have requested the Services set out in the attached Proposal. You accept the Proposal and these Terms by either: (a) signing and returning the Proposal; (b) confirming by email that you accept the Proposal; (c) instructing us to proceed with the Services; or (d) making part or full payment for the Services. 1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details in the Proposal. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older. 1.4 We will not commence performing the Services until you have paid our Fees. 2. SERVICES & RACES 2.1 You can request our Services by placing a booking in accordance with our policies and procedures, as advised by us from time to time. 2.2 You must submit a new booking request for each Race that you wish to sponsor. 2.3 We agree to perform the Services with due care and skill. 2.4 We reserve the right to refuse any request that we deem inappropriate, unreasonable, incomplete or illegal. 2.5 Dates and times of Races are subject to availability and are ultimately as advised by us. 2.6 Races are generally scheduled between 6 am – 7 pm. 2.7 In promoting you as a sponsor of a Race we will: (a) display your company details and logo on the page of the Application that features the Race you are sponsoring; (b) accept any name you suggest for the Race provided that it is, in our opinion, reasonable; and
(c) advertise the distance of the Race as nominated by you. 2.8 We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms. 2.9 Third parties who are not our employees or our direct contractors will be your responsibility. We are not responsible for the products or services provided by those third parties. 2.10 If you request a Variation you must email us at [email protected] We have discretion as to whether we accept it and whether an adjustment to the Fee may be required. You must pay the Variation Fee before we commence the Variation. We will invoice you accordingly for the Variation. 2.11 You acknowledge and agree that in offering non-monetary prizes to Race entrants you are contracting with the Race entrants directly. You are solely responsible for ensuring that nonmonetary Race prizes are made available, delivered to and are otherwise redeemable by Race winners in accordance with any terms under which you or we (acting on your instructions) advertised or held out the prize. You indemnify and hold us harmless against any harm, loss or damage caused or suffered by a Race winner or a third party claiming through them due to your failure to supply or deliver a non-monetary prize in accordance with the advertised terms of the prize. 2.12 You acknowledge that we do not accept responsibility for any disruptions, disturbances, faults or malfunctions of the Application, including but not limited to errors in function, virus and other malicious software, delay or the stability of the Application, which may affect users ability to access and makes use of the Application and/or their ability to participate in Races. While we will undertake all reasonable efforts to rectify disruptions to the Application in a timely manner, you acknowledge and agree that you cannot make a claim in respect of any such disruption, disturbance or malfunction. If a Race you are promoting is affected by such a disruption, disturbance or malfunction you may elect to cancel the Race and reclaim the Prize, at no charge to you, or reschedule the Race to a later time. 2.13 You acknowledge that we do not and cannot guarantee that in using our Services, promoting a Race or offering prizes to Race winners that you will obtain a particular result and/or outcome including, but not limited to, increasing your brand awareness and/or target audience.
BOLT FOR GOLD PROPRIETARY LTD SPONSOR TERMS AND CONDITIONS
2.14 You acknowledge that we will not advertise your business, products or services on the Application indefinitely and any content identifying you as a Race sponsor will be deleted once the scheduled time for participation in your Race/es expires. 3. FEES, INVOICING AND PAYMENT 3.1 You agree to pay us the Fees, using the Payment Method, as set out in the Proposal. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable). 3.2 The Fees and Services can be varied by written agreement between us, including by email. 3.3 Fees must be paid before the date the Services in respect of a Race you are sponsoring are provided. 3.4 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion, the changes will apply to you for Services provided to you after the date of the change and in any event no earlier than the date that the amended or new Terms are provided to you, or if you enter into a new Proposal, whichever is earlier. After a pricing change, you have the choice to continue using our Services or to cease using our Services without penalty. 4. YOUR OBLIGATIONS AND WARRANTIES 4.1 You warrant that throughout the term of these Terms that: (a) there are no legal restrictions preventing you from agreeing to these Terms; (b) you will cooperate with us, and provide us with information and instructions as are reasonably necessary to enable us to perform the Services as requested by us from time to time, and will comply with these requests in a timely manner; (c) you will make your company logo available to us in the format requested by us to enable us to brand the Race you are sponsoring; (d) you will name Races you are sponsoring and will nominate a Race distance and will do so in a timely manner; (e) you will pay, source or supply (as the case may be) Race prizes to winners of Races you sponsor; (f) where you are offering non-monetary prizes, you will supply each prize to the relevant Race winner within 2 weeks of the Race ending; (g) where you are offering monetary prizes, you will transfer the prize funds and our Fees into our nominated bank account no later than 48 hours before the Race to
which the prize relates is scheduled to start; (h) the names of your Races and your company logo will not contain language or imagery that is discriminatory, has the potential to incite hatred, is vulgar, obscene or is otherwise in bad taste; (i) the information you provide to us is true, correct and complete; (j) you will not infringe any third party rights in working with us and receiving the Services; (k) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that the Parties will use all reasonable efforts to resolve your concerns; (l) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions; (m) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you; (n) if applicable, you hold a valid ABN which has been advised to us; and (o) if applicable, you are registered for GST purposes. 5. OUR INTELLECTUAL PROPERTY 5.1 The Materials contain material which is owned by or licensed to us and is protected by Australian and international laws. We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials. 5.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission. 5.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission. 5.4 You must not breach our Intellectual Property rights by, including but not limited to: (d) altering or modifying any of the Materials; (e) creating derivative works from the Materials; or (f) using our Materials for commercial purposes such as on-sale to third parties. 5.5 This clause will survive the termination of these Terms.
BOLT FOR GOLD PROPRIETARY LTD SPONSOR TERMS AND CONDITIONS
6. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS 6.1 You agree to provide information including any Intellectual Property to us to enable us to provide the Services. You: (a) warrant that you have all necessary rights to provide the Intellectual Property to us; (b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and (c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights. 6.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you: (a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you; (b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship; (c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and (d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth) and has not been induced by duress or any false or misleading statements. 6.3 This clause will survive the termination of these Terms. 7. CONFIDENTIAL INFORMATION 7.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you, and not for any other purpose. 7.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality services to you and not for any other purpose. 7.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed; (b) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; (c) is received from a third party, except where there has been a breach of confidence; or (d) must be disclosed by law or by a regulatory authority including under subpoena. 7.4 This clause will survive the termination of these Terms. 8. FEEDBACK AND DISPUTE RESOLUTION 8.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us. 8.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure: (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting. (b) If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute. 8.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity. 8.4 This clause will survive the termination of these Terms. 9. TERM, CANCELLATION & TERMINATION 9.1 You may cancel a scheduled Race you are sponsoring by providing us no less than 2 weeks written notice. If you cancel a scheduled Race we will refund you any monies you have deposited into our nominated bank account. 9.2 Either Party may terminate these Terms without cause by providing the other Party with notice, in writing, per the Notice Period, provided that there is no scheduled Race that you are sponsoring. 9.3 Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.
BOLT FOR GOLD PROPRIETARY LTD SPONSOR TERMS AND CONDITIONS
9.4 We may terminate these Terms immediately, at our sole discretion, if: (a) you commit a non-remediable breach of these Terms; (b) you commit a remediable breach of these Terms and do not remedy the breach within 10 days after receiving notice of the breach; (c) we consider that a request for the Services is inappropriate, improper or unlawful; (d) you fail to provide us with clear or timely instructions to enable us to provide the Services; (e) you fail to pay, supply, deliver or honour a prize in the requisite timeframe or fail to pay, supply, deliver or honour a prize on the advertised terms; (f) the name of your sponsored Race and/or your company logo contains language or imagery that is discriminatory, has the potential to incite hatred, is vulgar, obscene or is otherwise in bad taste; (g) we are of the reasonable opinion that there is a conflict of interest; (h) we consider that our working relationship has broken down including a loss of confidence and trust; (i) for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or 9.5 Except for our breach, on termination of these Terms you agree that any awarded prizes are not refundable to you, and you are to pay for all costs and expenses reasonably incurred by us in providing Services to you prior to termination. 9.6 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and/or Intellectual Property. 9.7 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and/or Intellectual Property. 9.8 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the
statutory periods, or on termination of these Terms. 9.9 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms. 10. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS 10.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). 10.2 We guarantee that the Services we supply to you are rendered with due care and skill, fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. 10.3 Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. 10.4 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out in the Proposal where it is affected by your delay in response, or supply of incomplete or incorrect information. 10.5 Warranties: Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose. 10.6 Availability: To the extent permitted by law, we exclude all liability for: (a) the Services being unavailable; and (b) any Claims (whether direct, indirect, incidental, special, consequential and/or incidental) for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services or the late supply of Services, even
BOLT FOR GOLD PROPRIETARY LTD SPONSOR TERMS AND CONDITIONS
if we were expressly advised of the likelihood of such loss or damage. 10.7 Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Services, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Our total liability to you for all damages in connection with the Services will not exceed the price paid by you under these Terms for the 12 month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made. 10.8 This clause will survive the termination of these Terms. 11. INDEMNITY 11.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation; (b) your breach of these Terms; (c) any misuse of the Services by you, your employees, contractors or agents; and (d) your breach of any law or third party rights. 11.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. 11.3 This clause will survive the termination of these Terms. 12. GENERAL 12.1 Good faith: The Parties must at all times act toward each other with good faith. 12.2 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. 12.3 Publicity: You consent to us advertising or publically announcing that we provided Services to you, including but not limited to mentioning you on our website and in our promotional material.
12.4 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer. 12.5 GST: If and when applicable, GST payable on the Fee for the Services will be set out on our invoices. You agree to pay the GST amount at the same time as you pay the Fee. 12.6 Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee. 12.7 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld). 12.8 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable. 12.9 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate these Terms with you by giving you 5 Business Days’ notice in writing. 12.10 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and notices will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 12.11 Jurisdiction & Applicable Law: These terms are governed by the laws of New South Wales and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the
BOLT FOR GOLD PROPRIETARY LTD SPONSOR TERMS AND CONDITIONS
exclusive jurisdiction of the courts operating in New South Wales. 12.12 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between the Parties and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing. 13. DEFINITIONS 13.1 Application means the ‘Bolt For Gold’ mobile application. 13.2 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales, Australia. 13.3 Commencement Date is set out in the Proposal. 13.4 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration, investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a Party to this Agreement or otherwise. 13.5 Confidential Information includes confidential information about you, your credit card or payment details, and the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, technology, and other information of either Party whether or not such information is reduced to a tangible form or marked in writing as “confidential”. 13.6 End Date is set out in the Proposal. 13.7 Fees are set out in the Proposal. 13.8 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
13.9 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs, any corresponding property rights under the laws of any jurisdiction, discoveries, circuit layouts, trade names, trade secrets, secret processes, know-how, concepts, ideas, information, processes, data or formulae, business names, company names or internet domain names, and any Confidential Information. 13.10 Invoice Terms is set out in the Proposal. 13.11 Materials means work and materials that we provide to you in carrying out the Services. 13.12 Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth). 13.13 Notice Period is set out in the Proposal. 13.14 Payment Method is set out in the Proposal. 13.15 Proposal means the Proposal to which these Terms are attached. 13.16 Race means a foot race contest hosted on the Application. 13.17 Services are set out in the Proposal. 13.18 Terms means these terms and conditions. 13.19 Variation means amended or additional services, including but not limited to changes to the Proposal, scope, or a sponsored Race, including the Race prize. 13.20 Variation Fee means the additional cost for a Variation. Unless otherwise defined herein or the context otherwise requires, capitalised terms used in these Terms will have the meanings given to them in the Proposal.
Last update: 14 March 2017
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