Membership Terms & Conditions
1. APPLICATION
a. By becoming a financial Soft Cogs Inc member you agree to be bound by
i. The terms and conditions contained in this document;
ii. The Soft Cogs Website Terms of Business
iii. Social Media Terms and Conditions
iv. Ride Terms and Conditions;
v. Any other policies and procedures of Soft Cogs, as amended from time to time.
b. Please read these terms and conditions carefully as they apply to your ongoing membership.
c. We may revise these terms and conditions from time to time. The revised terms will take effect when they are posted on the Soft Cogs Inc Website (softcogsinc.com).
2. DEFINITIONS
a. “Annual Fee” means the payment due annually between a member and Soft Cogs Inc to access the membership benefits and inclusions set out on the Soft Cogs Website.
b. “Junior Member” means a person that is a Soft Cogs Inc Member and is aged between 11 and 18 years of age, and whom on application provides a signed letter of authority from that person’s parents or guardians consenting to the person being such a member.
c. Soft Cogs Committee means Office Bearers and those nominated and accepted by the Office Bearers to run Soft Cogs Inc affairs.
d. “Soft Cogs”, “us”, “we”, “our” means Soft Cogs Inc (ABN 89408511288)
e. “Soft Cogs Inc Member” – user whose membership application has been accepted by the Soft Cogs Inc Committee and who and is financial by having fees paid up to date.
f. “Soft Cogs User” means a user who is not a Member but attends/participates in Soft Cogs events, social rides, activities included on the official Soft Cogs Inc Social Calendar (including other rides as arranged from time to time). These may include, but are not limited to, official Soft Cogs organised social rides, Soft Cogs organised training rides, Soft Cogs social events including fundraisers or any rides or events entered in an official/endorsed Soft Cogs capacity indicated by way of inclusion of the official Soft Cogs social calendar published on the website.
g. “User”, “you” or “your” means the persons described on the application form.
3. USERS
a. Members
i. Members are Users whose membership application has been approved by the Soft Cogs Committee, is financial by having paid fees up to date;
ii. Soft Cogs Inc, reserves the right to refuse a person’s application to be a Member.
iii. The maximum term for prepayment of Membership is 3 years and may be varied at the discretion of Soft Cogs Inc.
iv. Members are eligible for the benefits outlined on the Soft Cogs Website.
v. Members may be required to show their membership card to third parties to qualify for member benefits. Membership benefits may change from time to time.
b. Associated Persons
i. Associated Persons are persons who are not Members, but attends/participates in Soft Cogs events/social rides/activities and/or purchases Soft Cogs Goods and Services. Associated Persons may attend Soft Cogs functions from time to time by paying the nominated fee specific to the event each time they attend an event. Associated Persons will not be eligible for discounted members pricing.
ii. Associated Persons may participate in Soft Cogs events at any time providing they accept the relevant terms and conditions online or in writing each time they attend an event.
c. Other Users
i. Soft Cogs Inc reserves the right to create new categories of Associated Persons that may have different fee structures, costs and discounts. Potential categories may include, but are not limited to, corporate, university students, seniors, sporting teams and junior or secondary school students.
4. PAYMENT AND FEES
a. Annual fees
i. Soft Cogs members are required to pre-pay their membership for a minimum 12-month period. The maximum membership period is 36 months, as outlined in Clause 3(a)(iii). The maximum membership period may be varied at the discretion of Soft Cogs Inc.
ii. Membership fee structures are published on the Soft Cogs Website.
iii. Membership payments must be made via the secure Soft Cogs website. Cash and cheques will not be accepted. Payment via other methods will be at the discretion of the Soft Cogs Inc Committee.
b. User fees
i. User fees for individual Soft Cogs events will be unique to each event and will be published on the Soft Cogs website and via official mediums such as social media pages. Associated Persons will not be eligible for discounted members pricing.
c. Other Fees
i. If a membership card is lost, destroyed or damaged and requires replacement, a replacement card fee will be charged and is payable to Soft Cogs Inc.
5. CHANGES TO FEES CHARGED
a. Soft Cogs Inc reserves the right to increase any fee structures. Notice of the fee increase will be placed on the Soft Cogs Inc Website only. No further notice will be given.
b. Modifications to the fee structures will not affect existing financial members for the duration of their current membership agreement.
c. Soft Cogs Inc reserves the right to charge different Class Users different fees.
d. Soft Cogs Inc reserves the right to offer incentives or discounts, at its discretion, to increase membership, and promote new Users.
6. CANCELLATION, TERMINATION AND REFUND
a. Cancellation and termination
i. Membership cancellations, terminations and refunds (full or partial) will only be considered under extenuating circumstances.
ii. Requests are to be submitted in writing and submitted to the Soft Cogs Inc Committee 74 Pioneer Rd Hunterview NSW 2330 or admin@softcogsinc.com
iii. In the case of a cancellation being granted, Soft Cogs Inc, will at its sole discretion calculate the unused portion of membership, and may refund the calculated amount to you.
iv. A reasonable administration charge, calculated at the discretion of Soft Cogs Inc, may be deducted from the amount refunded.
b. Termination
i. Soft Cogs Inc reserves the right to, at its discretion, cancel a Member’s membership by giving notice to the Member.
7. USER OBLIGATIONS
a. General conduct
i. When attending Soft Cogs Inc events, you must conduct yourself in a civil manner respecting the rights and reasonable expectations of other Users and Members.
ii. From time to time Soft Cogs Inc may host licensed events where alcohol is consumed. You must monitor your alcoholic intake to ensure your conduct is respectful and reasonable.
iii. You must also act in accordance with:-
a. The Soft Cogs Inc Social Media Terms and Conditions when interacting on official Soft Cogs Inc social media platforms, or representing Soft Cogs Inc on Third party Social Media sites;
b. The Soft Cogs Website Terms of business when interacting with the Soft Cogs Inc Website;
c. The Soft Cogs Inc Ride Terms and Conditions when attending/participating in Soft Cogs Social Rides or rides associated with the Soft Cogs social calendar;
d. Any relevant terms and conditions specific to a Soft Cogs event.
e. All relevant legislation.
b. Instructions
i. Whilst in attendance of any Soft Cogs event you are required to follow any reasonable instructions, requests and signage of any Soft Cogs Inc Committee Members, Soft Cogs volunteers and/or the organisers/staff/volunteers of any third party events.
ii. Users and members will be required to attend the safety briefing for any riding related event.
iii. Users will need to accept the Ride Terms and Conditions by completing a ride sign on sheet each time you participate in a ride event. Members agree to these terms and conditions at the time of becoming a member.
c. Health
i. By becoming a Soft Cogs member you represent to Soft Cogs Inc that you are in good physical condition and have no health or medical issues or impairment that may prevent you from participating in your selected Soft Cogs events.
ii. You acknowledge that Soft Cogs Committee Members and Volunteers are not medically trained will not provide any medical advice before, during or after a Soft Cogs event.
iii. You must consult with your Doctor regarding any medical or health concerns you have before participating in any Soft Cogs Ride events.
iv. You acknowledge that you are solely responsible for your health and it is your decision to participate in Soft Cogs events. You should not participate in Soft Cogs events if you are not fit to do so. Your chosen participation should correspond with your fitness level and ability.
d. Equipment
i. You agree to maintain your cycling equipment in good and safe working order.
ii. When participating in riding activities you agree wear a helmet and appropriate clothing and safety equipment.
iv. You agree to carry the relevant equipment to ensure you are totally self sufficient with participating in ride activities. You must provide your own water, food, tools, pump, spares, puncture repair kits, first aid materials and whatever else you desire on unsupported rides unless explicitly stated otherwise.
e. Photography
i. Users and Members acknowledges and agrees that he/she may be photographed or filmed during Soft Cogs Events and consents to Soft Cogs Inc using the picture and likeness contained in any photographs or film for publicizing the Soft Cogs, the Ride and for promoting any future events staged by Soft Cogs inc.
f. Safety
i. From time to time Soft Cogs Inc may host social events for members and non-members. Whilst all due care will be taken in the planning of such events. The User and Members:
ii. Agrees that they attends the Events at their own risk.
iii. Acknowledges that Soft Cogs Inc is not responsible for the conduct or activities of any User and Member and that Soft Cogs
8. INDEMNITY
a. You agree to indemnify, and hold harmless, Soft Cogs for any injuries, losses, damages, expenses, liabilities, claims and actions that Soft Cogs Inc incurs arising out of, caused by or attributable to any conduct by you.
9. LIABILITY AND RELEASE
a. Soft Cogs Inc honours all benefits to which you are entitled under the Australian Consumer Law, and otherwise we exclude all liability to the fullest extent permitted by law, including, but not limited to:
i. You acknowledge that you attend any Soft Cogs Inc event at your own risk and agree to release and not hold Soft Cogs Inc, its Committee, volunteers, partners, sponsors, representatives responsible for any actions or claims you, or other parties on your behalf may make regarding or arising out of any injury, loss, damage or death caused to you or your property caused by negligence, breach of contract or any other cause;
ii. Soft Cogs Inc is not liable for any personal property lost or damaged at Soft Cogs events.
iii. You acknowledge that Soft Cogs inc is providing recreational services and is not liable for other Members and Users defective equipment, nor are we liable for defective products sold on our website. Soft Cogs Inc purchases the products from third parties and does not manufacture any of the goods, therefore will not bear any liability relating to the manufacture of and relevant safety defects associated with the goods.
iv. You acknowledge that Soft Cogs Inc hosts all events from third party locations and facilities. Soft Cogs Inc is providing recreations services and are not liable for the state of such locations and facilities and equipment contained herein, nor are we liable for the contact of general members of the public at these locations and facilities. Therefore we will note bear any liability relating to any relevant safety defects associated with these locations and facilities.
10. PRIVACY
a. Soft Cogs Inc will keep all confidential information in accordance with the Soft Cogs Inc Privacy Policy.
11. COMMUNICATIONS
a. You can communicate with us by writing, email or through the Contact Us section of the Soft Cogs website.
b. We can communicate with you by writing, email, telephone, the Soft Cogs Website or official Social Media platforms.
c. You must notify Soft Cogs Inc, in writing, or via the membership portal of our website of any change to personal contact information.
d. Changes to the Terms and Conditions, fees and other matters noted in this document will be published on the Soft Cogs website.
12. GOVERNING LAW AND JURISDICTION
a. These Terms and Conditions will be governed by and construed in accordance with the laws applicable in the State of New South Wales and are subject to the non-exclusive jurisdiction of the courts of the State of New South Wales in respect of all matters arising under or relating to these Terms and Conditions.