ADDITIONAL ORGANISER TERMS & CONDITIONS

1. BACKGROUND

1.1       These Additional Organiser Terms & Conditions form part of the agreement between you and Major League Systems Pty Ltd, ACN 621 664 113, trading as Buncheur (Buncheur, we, us or our), setting out the terms and conditions that govern your use of, and interaction with, the Site, being the website located at the domain name http://www.buncheur.com/. 

1.2       By using the Site to sell tickets, merchandise and other products, and solicit donations, for events which you (Organiser) hold, including cycling races (Events), you agree to comply with these Additional Organiser Terms & Conditions. 

1.3       These Additional Organiser Terms & Conditions bind you in addition to:

(a)      the Terms & Conditions, available at https://www.buncheur.com/terms (Terms & Conditions); and

(b)      our Privacy Policy, available at http://www.buncheur.com/privacy (Privacy Policy). 

2. RIGHTS IN RELATION TO EVENTS

2.1       No Organiser has a right to have any Event or Events listed on the Site.  We may, in our absolute discretion, refuse to allow an Event to be listed, or referred to in any way, on the Site.

2.2       Each Organiser warrants that it has all of the necessary rights, licences, permits, documentation, authorisations and, where necessary, accreditation to list each Event of that Organiser on the Site and to hold that Event.  This includes having the proper authorities in place as required by all applicable laws and regulations.

2.3       When uploading information about an Event on the Site, the Organiser must provide to us such evidence as we reasonably request to demonstrate that the Organiser has complied with clause 2.2.

2.4       We may modify any part of the content or material relating to an Event on the Site at any time in our sole discretion, with or without notice to the Organiser for that Event.  We may also in our sole discretion, without notice to the relevant Organiser, remove an Event from the Site.

2.5  If an Event is listed on the Site, we may agree to also provide administrative services to the Organiser of that Event, including services for recording entrants to Events and finishing times.  Buncheur does not warrant the accuracy of the records created by Buncheur as contemplated by this clause 2.5. 

3. PROCESSING OF ENTRIES FOR EVENTS

3.1       Registrations will only be accepted on the Site if made at least 60 hours prior to the scheduled commencement of the relevant Event.

3.2       Buncheur will ensure that the following details of each person who registered for any Event of an Organiser that is listed on the Site are made available on that Organiser’s page of the Site as soon as practicable and in any event within 12 hours of that registration occurring:

(a)      name;

(b)     email;

(c)      club of the registrant;

(d)     mobile telephone number;

(e)     Cycling Australia licence number;

(f)      State criterium and road race handicaps; and

(g)      age group.

3.3       The details provided to an Organiser in accordance with clause 3.2 will be the details provided by the relevant person on the Site.  Buncheur has no responsibility of any nature to check the accuracy of any of the details provided by any person as referred to in clause 3.2.

3.4       If agreed from time to time between the Organiser and Buncheur, Buncheur may also list on a publicly accessible area of the Site the name of each person who has been accepted by the Organiser for registration in an Event of that Organiser.

3.5       The Organiser agrees to promptly assess every potential entrant in any Event of the Organiser that is made available on the Organiser’s page of the Site and to notify any such potential entrant promptly if that potential entrant’s application to participate in the relevant Event is not accepted.  The Organiser agrees that it will make each such assessment, and provide any necessary notifications to potential applicants, not later than 24 hours prior to the time that the Event is held.

4. PAYMENTS FROM PARTICIPANTS

4.1       Each Organiser acknowledges and agrees that all payments made by any person for tickets, merchandise and other products, or for donations, for any Event of the Organiser that is listed on the Site will be via the “Pin Payments” system or any other payments system operated by Southern Payment Systems Pty Ltd (SPS).

4.2       All payments made via the Site of the type referred to in clause 4.1 will be received by Buncheur in its account held with SPS and as agent for the relevant Organiser. 

4.3       Buncheur will procure that SPS will pay to the relevant Organiser’s bank account by direct transfer all payments received in Buncheur’s account with SPS and that are made by any person for tickets, merchandise and other products, or for donations, for any Event of the Organiser not later than the date which is 7 days after the date the Event is held (or, where the Event is cancelled or otherwise not held, the date the Event was proposed to be held).

4.4       In the event that any person is entitled to, or seeks, a refund of any amount paid by that person for tickets, merchandise and other products, or for donations, for any Event of an Organiser, that Organiser must make that refund itself or must otherwise resolve the dispute with the relevant person.  For the avoidance of doubt, Buncheur will not make refunds to any person in respect of any Event, including where the Event is cancelled or otherwise not held, and this will be the responsibility of the relevant Organiser.

4.5       Each Organiser must separately provide to SPS its bank account details and obtain a token to allow payments to be made by SPS to that Organiser’s own bank account in accordance with clause 4.3. 

4.6       No Organiser will be able to use the Site, in any way, until it has complied with clause 4.5.

4.7       Each Organiser must pay all fees charged by SPS for or in respect of any payments made by SPS to that Organiser as contemplated by this clause 4.  Each Organiser acknowledges that SPS may deduct any such fees from the amounts that would otherwise be payable to that Organiser by SPS.

4.8       Except as set out in this clause 4, Buncheur accepts no liability, of any nature, in relation to any payments made by any person to the Organiser via the Site or using any system operated by SPS. 

5. OTHER OBLIGATIONS AND INDEMNITY

5.1       Each Organiser will comply with all applicable laws in holding each of its Event that is listed on the Site and in using the Site.

5.2       Each Organiser represents and warrants that all of the information provided to Buncheur by that Organiser was true and correct as at the date it was provided and will promptly notify Buncheur if any information that Organiser provided to Buncheur is or becomes incorrect for any reason.

5.3       Each Organiser indemnifies Buncheur from and against any and all loss, damage, costs, expenses (including reasonable legal fees), claims, demands and actions arising from or related to any breach of these Additional Organiser Terms & Conditions, the Terms & Conditions or the Privacy Policy (together, the Documents) or any misuse of the Site arising from or related to any act, error, omission, fault, negligence or misconduct by that Organiser except to the extent this was caused by Buncheur or Buncheur’s breach of any Document.

6. MODIFICATIONS TO TERMS & CONDITIONS

6.1       We may modify these Additional Organiser Terms & Conditions from time to time.  The most up to date version of these Additional Organiser Terms & Conditions is available on the Site.

6.2       If you do not agree with any modification to these Additional Organiser Terms & Conditions, you must immediately terminate your account and you must stop using or accessing the Site, in any way.

7. GOVERNING LAW

7.1       The Agreement is governed by the laws of New South Wales.