Triathlon Training Camps Terms & Conditions
(Updated 10th December 2021)

Company Information
We are;
Tri-Alliance Pty Ltd (ABN: 88 135 980 595)
of  23, Rica Street Moorabbin VIC, 3189, Australia
Phone: 1300 680 874
Fax: +613 9645 4448
[email protected]

  1. General

These terms and conditions are the entire terms and conditions governing your relationship with Tri-Alliance. If any provision of these terms and conditions are invalid, unenforceable, illegal, or void for any reason then such provision shall be deleted or read down to the extent necessary to overcome the difficulty and the remaining terms and conditions shall be valid and enforceable.

These terms and conditions shall be governed by the law of the state of Victoria, Australia and each of you and Tri-Alliance submit to the non-exclusive jurisdiction of the courts of Victoria and Australia.

A waiver by Tri-Alliance of any breach by you of these terms shall not be deemed to be a waiver of any subsequent breach.

Tri-Alliance shall not be responsible for any failure on its part to perform its obligations under these terms and conditions if such failure is beyond the reasonable control of Tri-Alliance.

This website is about Tri-Alliance triathlon/fitness coaching and related products & services.

 

  1. Registration and Access

Tri-Alliance reserves the right to refuse to accept any registration or to cancel any registration at any time at Tri-Alliance’s discretion.

You must register to use the information available on our website. By completing the registration process, you: –

Acknowledge that you have read and agree to be bound by these terms and conditions;
You promise that all of the registration information you provide about yourself is true, accurate, complete, and up to date and that you will advise Tri-Alliance if any of your registration details change.

These terms and conditions may be varied from time to time at Tri-Alliance’s sole discretion and you will be deemed to have accepted such variation to the terms and conditions unless within seven (7) days of notification to you of the variation you cancel your registration.

Upon acceptance of your registration, you will be allocated a username/password which you will need to use to access the member’s section of the website.

 

  1. Registration and Payment Conditions

All registrations require full payment or the set deposit amount in order to be accepted. Payment can be made by credit card through a secure gateway at time of booking, or alternate means by arrangement. Tri-Alliance do not see nor store these credit card details. Early bird discounts, where offered, apply only when payment is received with registration.
All camps with a deposit option require payment of the balance no later than 21 days prior to the camp commencing or the camper’s place may be forfeited.
An online registration is confirmed only when a confirmation email and receipt from Tri-Alliance Triathlon Training Camps is received by the applicant stating that the registration was successful. This is generally received in the 24 hours post payment.
To confirm the registration and secure a place, payment is required AND you must complete the terms and conditions, and medical information provided to you via correspondence.
All booking must be made via the Triathlon Training Camps website (https://triathlontrainingcamps.com.au) The medical and authorisation information must be received within 14 days of camps commencement date, or we reserve the right to cancel the booking. Cancellation fees apply.
All prices are priced in AU$, however our payment system allows you to pay from other currencies converted from the AUD amount.
Triathlon Training Camps Fees all include GST. Prices for merchandise/gear are also GST inclusive. Merchandise purchased online will be delivered to the camper at the applicable camp. Postage charges will apply if this is not possible.
Applications will be accepted in the order of their booking time and date; however, Triathlon Training Camps reserves the right to accept or reject any booking.

 

  1. Cancellations and Transfers

For all camps conducted in Australia, cancellations made up to 28 days prior to the commencement of a camp will receive a refund, less an administrative charge of $50. Cancellations made between 28 days & 7 days prior to the camp will incur a cancellation fee of 50% of the camp fee. Cancellations made within 7 days of the camp will incur a charge of 100% of the camp fee. Where possible, Triathlon Training Camps will endeavour to refund some portion of the camp fee.
For all overseas camps (not in Australia), cancellations made between 28 days & 14 days prior to the camp will incur a cancellation fee of 50% of the camp fee. Cancellations made within 14 days of the start of camp will incur a cancellation fee of 100% of the camp fee.
A $50 transfer fee applies if transferring between camps, within a season. Transfers are not permitted within 14 days of the original camp start date.  Refunds will not be given for partial attendance.

 

  1. Pricing & Payment

All fees may be made via VISA, MasterCard via the Secure Westpac Payway Gateway. AMEX or Diners Club will not be accepted.

Physical products purchased through our online store may be made in Visa or Mastercard, via the Secure Westpac Payway Gateway.

We endeavour to keep our website and catalogue prices updated and accurate, but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.

Prices include Australian good and service tax. If you show by your delivery address that you reside outside Australia and are exempt from GST, then please contact us in writing to notify us directly and Tri-Alliance will make arrangements with your agreement to reimburse the GST amount.

 

  1. Postage & Shipping

We can ship internationally on request, however most deliveries made are within Australia.  The prices are fixed rates calculated by the total weight of the order;

  • Level 0: Pick Up has no postage costs
  • Level 1:  0kg to 3kg is $10
  • Level 2:  3kg or over is $20

Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

If we ourselves are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.

We will dispatch your order within 3-5 business days.

We may deliver the Goods in instalments if they are not all available at the same time for delivery.

Goods are sent at your risk until signed for by you or by any other person at the address you have given to us.

Goods are sent by post.  We will send you a message by email to tell you when we have despatched your order.

 

  1. Cancellation of Physical Products Ordered from Our Online Store
  • You may cancel your order at any time before we despatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it.
  • Details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
  • If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
  • If you cancel after we have despatched the Goods, we will refund the price of the goods only.
  • The option to cancel your order is not available if the Goods are:
    • perishable;
    • made or altered to your specification;
    • shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
    • newspapers or magazines
  •  If you cancel your order after we have despatched the Goods, you must return them to us within 7 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
  • You are responsible for the cost of returning them.
  • To assist us in identifying your Goods on receipt by us, we ask you to telephone us (number at the top of this page) for a returns reference to be placed below our address / returns label.
  • If you fail to return the goods, within 14 days, we are entitled to arrange for their collection.  If we do, we shall look to you to repay us the cost of collection.
  • If your request for refund is approved, we will refund your money within 30 days.
  • This paragraph does not affect your rights in the event that the Goods are faulty.

 

  1. Digital Images & Media

Tri-Alliance reserves the right to use any photographs, digital images or film taken at training sessions, programs, or events for the purposes of advertising, publicity, marketing or promotion. Unless written advice is received by Tri-Alliance indicating that participants do not wish to appear in such material. Tri-Alliance may use this material as described above.

  1. Risk and Your Health

Training and exercising may involve the risk of injury and you exercise and train using our facilities at your own risk. You also abide to subscribe to the terms and conditions of entry to our third-party training facilities. Please monitor your physical condition at all times and train to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a Tri-Alliance Coach or staff member. If you believe there is a risk to your health from doing any Tri-Alliance activities, you must tell us in writing. If your medical condition changes after you join you must also notify us in writing.
On the day you join Tri-Alliance and each time you use our services, you promise us that:

  • You are in good physical health
  • You know of no medical or other reason why you cannot do active or passive exercise
  • Exercise will not damage your health, safety, comfort or physical condition
  • We may choose to refuse your membership application, until: Your Doctor agrees in writing that you are fit to participate or you show us proof that you have received medical advice on an appropriate exercise program
  1. Liability Recreational Activities

In the course of training or engaging in any Recreational Activities while using any Tri-Alliance facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence.

In this paragraph:

recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission;
Please refer to the warning notice below which we are required to provide to you if you are in Victoria, under the Fair Trading Act 1999 (Victoria) in relation to this limitation on our liability.

WARNING UNDER THE FAIR TRADING ACT (1999)
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that Tri-Alliance is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.

  1. Liability for Supply of Other Services

Without limitation to information supplied in these terms and conditions and any other terms which are implied into this agreement by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limitation unless we have breached these obligations, we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.

 

  1. Personal Details

You must keep us up to date with your contact details by amending your profile in the members section of the Tri-Alliance section of our website. In the event that you do not notify us of your change in contact details the records we have for you will constitute valid notice to you under these Terms.

We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member. If the third party fails to provide the same facilities and services in all material respects as provided by us, you may terminate your membership upon giving Notice of Termination. Please refer to the Cancellation and Termination section of these Terms & Conditions.
We take the privacy of our members seriously and our Privacy Policy explains the ways in which we use and protect your personal information.

We will collect personal information from you that may relate to your physical health or condition, including through your Profile Application Form, a Change of Circumstances Form and Health Check Questionnaire. Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information, please email [email protected]

You must tell us about anything that affects your profile, and changes to your:

Postal address
Email address
Contact numbers

  1. Website – Use of chat rooms, bulletin boards and social media

If you use a chat room, bulletin board or social media on this site or those directly linked to this site then you:-
Accept sole liability for all communications you post;
Indemnify Tri-Alliance in respect of any claim or loss it suffers or incurs as a consequence of communications you have posted
Acknowledge that Tri-Alliance is not responsible for communications posted within the chat room, bulletin board or social media and that any reliance you make upon such communications or bulletin boards is at your own and sole risk entirely;
Agree that you will not post any material which violates any laws or any other party’s intellectual property rights or which is unlawful, obscene, defamatory, threatening, harassing, abusing, slanderous, hateful or embarrassing to any other person or entity; and
Your use of the chat room, bulletin board or social media shall solely be in connection with the intended purpose of this site and will not in any way injure the interests of Tri-Alliance.
Tri-Alliance reserves the right to monitor all communications in chat rooms, bulletin boards or social media for the protection of Tri-Alliance’s interests and to take any action it deems necessary to protect those interests.

 

  1. Intellectual Property Rights – Website

You acknowledge and agree that Tri-Alliance owns all rights, titles and interest in the content, layout, design, concept and organisation of this site and copyright, and all material created for or by Tri-Alliance in forming part of this site. You agree that you will not copy, upload, transmit, reproduce, distribute or any other way exploit any of Tri-Alliance’s intellectual property rights nor do anything to hinder, impede, invalidate or challenge Tri-Alliance’s intellectual property rights.

Whilst you remain a registered user of this site, you are granted a non-exclusive and non-transferable right to view, download, print or otherwise reproduce in unaltered form a single copy of any material contained within this site.

This web site and the products, technologies or processes described in this web site may be the subject of other intellectual property rights owned by Tri-Alliance Pty Ltd or by third parties. No licence is granted in respect of those intellectual property rights. Your use of this web site must not infringe the intellectual property rights of any person.

Except where you obtain the prior written consent of Tri-Alliance Pty Ltd:

  • trademarks (unregistered or registered) and logos must not be used or modified in any way; and
  • you must not link to this web site.
     
  1. Disclaimer of Liability

The content of this site is for educational and informational purposes only.
Your use of this site and its contents is at your own risk. The information contained in this site is not intended to be a substitute for professional medical advice or treatment and you are encouraged to seek medical advice in respect of any questions you have regarding a medical condition. Tri-Alliance shall not accept responsibility for any medical condition or illness or injury arising from the provision of information within this site.

Tri-Alliance makes no representation or warranty about the accuracy, reliability, completeness or timeliness of the information contained within this site or that information contained within this site is appropriate for any one individual.

Tri-Alliance hereby excludes to the maximum extent permissible by law any and all conditions and warranties that may be expressed or implied by statute, common law or otherwise, whether such conditions or warranties be as to quality, outcome, fitness, care, skill or otherwise. To the extent permitted by law, the liability of Tri-Alliance for breach of any express or implied warranty shall be the re-supply of the services or reimbursement of the cost of having those services supplied again.

To the full extent permitted by law, you hereby release Tri-Alliance from any claim of any nature arising from your registration with Tri-Alliance or use of this site.

 

  1. Indemnity

You hereby indemnify Tri-Alliance and its Directors, officers, employees, partners, and any other associated persons from any loss or damage you or any third person suffers or incurs as a consequence of your registration with Tri-Alliance and use of its website. On acceptance of your membership, you agree that Tri-Alliance will not be liable for:

Any loss, damage or theft of property belonging to, or brought into a training session by you or your guest in promotional activities such as “Bring a friend” or “One-week free trial” unless caused by our gross negligence.
Any death, personal injury or illness during training sessions or membership activities including the use of facilities, equipment except where this results from our gross negligence.

 

  1. Feedback and Complaints

Your feedback is important to us, and we take your concerns seriously. We will endeavour to answer your feedback and suggest solutions to any problems. If you make a complaint, you will be contacted by one of our staff members within one week to discuss your concerns. If you feel your complaint has not been fully resolved, the staff member will raise your complaint with a Director of Tri-Alliance who will request your concern to be in writing to [email protected] in order for it to be fully investigated. A staff panel will review your concern and write back within 21 days of your written letter.

  1. Email

We receive and reply to email from users on a regular basis. For record-keeping purposes, we retain copies of all incoming and outgoing email. Information in the email we receive or send will not be disclosed to any third party without the permission of the sender, either express or implied, unless required by law.

 

  1. Changes to the Privacy Policy

We may change our Privacy Policy from time to time at our discretion and without notice. If we do, an updated version of this Privacy Policy will be made available on this site so that you remain aware of the data we collect, how we use it, and under what circumstances we disclose

 

  1. Security Policy

When purchasing from our website via PayWay, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is approximated to take at least one trillion years to break and is the industry standard. If you have any questions regarding our security policy, please contact us in writing via [email protected].

 

Privacy Policy

In order to provide our services, we need to collect, use and dispose of certain personal information about individuals, in particular our customers. We respect those individuals’ privacy and will ensure that we deal with the information in accordance with the National Privacy Principles under the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000.

We will take all reasonable steps to ensure that all personal information we collect is only used for the reason it was given. We will make all reasonable efforts to store this information in a secure environment and to ensure that it can only be accessed by authorised personnel for permitted purposes. We will not sell, spam or swap any personally identifiable information that you give us with any other third party, except with contractors and related companies where they require your information to perform a business service on our behalf.

By using this site, you agree that you have been adequately informed of our privacy policy and that you consent to us collecting, using and disclosing your personal information in accordance with this Policy.

We reserve the right at our discretion, to change, modify, add or remove portions of this Privacy Policy at any time. Please check this Privacy Policy periodically for changes. Continued use of this site after any changes will mean that you have accepted those changes.