TERMS AND CONDITIONS

These terms and conditions were last updated on 29 April 2024.

Introduction

We’re Nedd's Uncomfortable Challenge Pty Ltd (ABN: 17 677 085 808) (“NUC”, “we”, “our or “us”) and we’re responsible for Nedd’s Uncomfortable Challenge, which is a campaign designed to push the limits of human endurance and inspire collective action leading to a healthier lifestyle for Australians, while raising money for homelessness prevention in Australia, with all donations from this campaign (unless specified otherwise) going to We Are Mobilise Limited (ABN: 50 638 610 929).

By registering as a participant in Nedd’s Uncomfortable Challenge, you agree that these Terms and Conditions will apply to your participation. Participants must be at least 18 years of age unless they are minors with explicit permission from a parent or legal guardian to participate in Nedd’s Uncomfortable Challenge. Children under 18 years of age must be accompanied by a parent or legal guardian for the duration of their training and challenge in relation to NUC.

No person under the age of 18 may use neddsuncomfortablechallenge.com to donate or fundraise, unless the permission of a parent or guardian is sought to participate in the challenge.

We may vary these Terms and Conditions from time to time by publishing the changes on this website and we will endeavour to notify you of such variations.

Privacy

You consent to our collection, use, disclosure and storage of your personal information in accordance with our Privacy Policy.

Direct marketing

You consent to us, our related bodies corporate (including Bursty Company Pty Ltd) and our sponsors and partners sending you communications in connection with Nedd’s Uncomfortable Challenge. These communications may include ‘commercial electronic messages’ (as that term is defined in the Spam Act 2003 (Cth)) via email, SMS, social media direct messaging, and phone calls, which we may send to the contact details you provide us with when you register as a participant in Nedd’s Uncomfortable Challenge or as you otherwise update from time to time. You may opt out of receiving commercial electronic messages at any time by using the opt-out facility embedded in such communications or by contacting us.

Limitation of liability

These Terms and Conditions do not attempt to exclude any liability arising under statute which cannot be excluded by operation of that statute, including but not limited to under any consumer guarantees you may be entitled to under the Australian Consumer Law.

We do not accept liability to you for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our website or your participation in Nedd’s Uncomfortable Challenge. To the extent permitted by the Australian Consumer Law and any other applicable laws, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded. If a statute implies any condition or warranty and that statute prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty (as is the case with consumer guarantees under the Australian Consumer Law), that condition or warranty will be deemed included but our liability will be limited to the maximum extent permitted by the relevant statute. 

We reserve the right to cancel or reschedule any aspect of Nedd’s Uncomfortable Challenge, including but not limited to any event forming part of Nedd’s Uncomfortable Challenge.

 

Intellectual property

The intellectual property rights in any material we make available to you through this website or in connection with Nedd’s Uncomfortable Challenge (including but not limited to intellectual property rights in any written, audio or visual material) remain our property or the property of our licensors. Your use of our website or your participation in Nedd’s Uncomfortable Challenge does not grant you any rights, title or interest in such material.

Termination

These Terms and Conditions are effective until we terminate them, which we may do at any time and without notice to you. If terminated, all restrictions imposed on you by these Terms and Conditions, and any limitation of liability in these Terms and Conditions, will survive such termination.
 

Jurisdiction 

These Terms and Conditions are governed by the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts operating in the State of Victoria and any courts which may hear appeals from those courts.

Severance

If any provision of these Terms and Conditions is invalid or unenforceable, such provision will be deleted but only to the extent necessary and the remaining provisions will remain in full force and effect.

Our contact details 

For further information about our terms and conditions or practices, or to make a complaint, please email us at enquiries@neddsuncomfortablechallenge.com.