Trixity Pty Ltd (ACN 622 104 929) as trustee for the Bracy Family Trust and its related and associated entities (“Trixity”) provide website features and other products and services to you when you visit or shop at www.trixitytrails.com (the “website”), use Trixity products or services or use software provided by Trixity in connection with any of the foregoing (collectively “Trixity Services”).
The Trixity Services include the information, content, materials, products, and software included on or otherwise made available to you through the Trixity Services and references to the Trixity Services in these Terms and Conditions include any or all of these.
Trixity provides the Trixity Services and sells our products/services to you subject to the conditions set out on this page.
Conditions of Use
Please read these conditions carefully before using Trixity Services. By using Trixity Services, you agree to be bound by these conditions.
We offer a wide range of Trixity Services, and sometimes additional terms may apply. When you use a Trixity Service, you will also be subject to the terms and conditions and policies applicable to that Trixity Service (“Service Terms”). Our help pages may contain Service Terms and other important information relating to your use of the Trixity Services. If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will always prevail to the extent of any inconsistency.
- PRIVACY
Please review our Privacy Policy.
- ELECTRONIC COMMUNICATIONS
When you use any Trixity Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Trixity Services. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- COPYRIGHT AND OTHER RIGHTS
All content included in or made available through any Trixity Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Trixity or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.
Other than to the extent necessary to use any Trixity Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any Trixity Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any Trixity Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Trixity Service or its content without our express written consent.
- TRADEMARKS
All trademarks not owned by Trixity that appear in any Trixity Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trixity. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Trixity without our express written consent. You may not use any meta tags or any other “hidden text” utilising Trixity ’s names or trademarks without our express written consent.
- RIGHTS OF ACCESS AND USE
Trixity or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Trixity Services. The right granted to you does not include any license or permission to use the Trixity Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Trixity Service or any part thereof.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Trixity or its licensors, suppliers, publishers, rights holders, or other content providers.
You may not misuse the Trixity Services. You may use the Trixity Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Trixity under these Conditions of Use terminate if you do not comply with this clause 5.
- YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the relevant section of our website.
You may not use any Trixity Service: (i) in any way that causes, or is likely to cause, any Trixity Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an Trixity Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Trixity Service, the circumstances and our assessment of relevant factors. Suspension or termination of a Trixity Service may occur in connection with, or result in suspension or termination of other Trixity Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Trixity Service, cease using any Trixity Service, terminate your account or the Trixity Service, or remove or edit certain content and material you post (each as permitted by that Trixity Service).
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Trixity a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Trixity, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Trixity, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Trixity for all claims brought by a third party against Trixity arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
- INTELLECTUAL PROPERTY CLAIMS
Trixity respects the intellectual property of others. If you believe that an item or information on any Trixity Service infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Rights Infringements as set out in clause 19 below.
- EXPORT POLICY
Trixity sells and delivers products Australia wide.
- OTHER BUSINESSES
Parties other than Trixity may operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
- DISCLAIMER AND LIABILITY
Unless otherwise specified in writing, Trixity disclaims, and does not make, any representation or warranty of any kind in respect of the Trixity Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Trixity Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Trixity Services.
Trixity will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Trixity Services, (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to Trixity Services, we limit our liability to the amount you have paid to us for the relevant Trixity Service.
Nothing in these conditions is intended to (i) override any express commitments Trixity gives to you for particular Trixity Services (for example, commitments Trixity gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.
- APPLICABLE LAW
The laws of Queensland govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Queensland. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its related entities’ or any third party’s intellectual property or other proprietary rights.
- TRIXITY SERVICES
We reserve the right to cease providing any Trixity Service to you, to discontinue any Trixity Service and to make changes to any Trixity Services at any time. Your access to Trixity Services may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.
- AMENDMENTS
We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the Trixity Services. You may at any time, cease using any Trixity Services, terminate your account or the relevant Trixity Service (in accordance with Section 6) including in the event of any such change.
- SEVERABILITY
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- WAIVER
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
- CHILDREN
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the Trixity Services only with the involvement of a parent or guardian.
- OUR CONTACT DETAILS
For general inquiries: please refer to the “Contact us” page on the website
Address for service of notices for Trixity Pty Ltd:
c/o Frigo Adamson Legal Group Pty Ltd
P.O. Box 632, Mudgeeraba, QLD, 4213
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit a notice to us and the address stated below. We respond expeditiously to rights owners and their agents who complete and submit a notice to communicate concerns about any alleged infringement to Trixity.
Upon receipt of a notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a notice, you grant to Trixity the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Trixity for all claims brought by a third party against Trixity arising out of or in connection with the submission of a notice.
Important Warning: giving false, misleading or inaccurate information in the notice to Trixity may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
- ADDITIONAL TRIXITY SOFTWARE TERMS
- Use of the Trixity Software.You may use Trixity Software solely to use and enjoy the Trixity Services as provided by Trixity, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Trixity Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Trixity Software or otherwise assign any rights to the Trixity Software in whole or in part. You may not use the Trixity Software for any illegal purpose. We may cease providing any Trixity Software and we may terminate your right to use any Trixity Software at any time. Your rights to use the Trixity Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Trixity Software that are specifically identified in related documentation may apply to that Trixity Software (or software incorporated with the Trixity Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Trixity Service is the property of Trixity or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.
- Use of Third Party Services.When you use the Trixity Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering.Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the Trixity Software, whether in whole or in part, or create any derivative works from or of the Trixity Software.
- Updates.In order to keep the Trixity Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Conditions of Sale
These Conditions of Sale govern the sale of products on www.trixitytrails.com by Trixity Pty Ltd (ACN 622 104 929) as trustee for the Bracy Family Trust to you.
Please read these conditions carefully before placing an order for products/services sold by Trixity, by placing an order you agree to be bound by these conditions.
- OUR CONTRACT
With respect to products and services sold by Trixity, your order is an offer to us for you to buy the product(s)/service(s) in your order. When you place an order to purchase the product(s)/service(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). If you are using certain Trixity Services the Order Confirmation may be posted on a Message Centre on the Trixity website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s)/service(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s)/service(s) to you and send e-mail confirming that we’ve dispatched the product to you (the “Dispatch Confirmation”).
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format.
PAYMENT & RISK
Unless otherwise agreed to in writing with Trixity, payment for any product(s) and/or services must be made to Trixity Pty Ltd (ACN 622 104 929) as trustee for the Bracy Family Trust before we dispatch the product(s) to you. Risk in the product(s) passes to you when the product(s) are despatched to you.
- CANCELLATION POLICIES
Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- a service if Trixity has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.
STATUTORY RIGHTS AND REMEDIES
Our cancellation policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
- PRICING & AVAILABILITY
All prices are exclusive of GST unless otherwise specified. Any and all prices and/or price lists may change without notice for any reason.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
- DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, Trixity disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Trixity will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product/service by us on the website is limited to a refund of the relevant amount paid for the product/service.
The disclaimers, exclusions, and any other limitations on Trixity ’s liability in this Section do not override any express commitments Trixity gives to you.
Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
- APPLICABLE LAW
The laws of Queensland govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Queensland. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights.
- AMENDMENTS
We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our trails at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products/services from us.
- SEVERABILITY
If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- WAIVER
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
- CHILDREN
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use www.trixitytrails.com with the involvement of a parent or guardian.
- SAFETY
There’s an old adage that says that ‘safety is every everyone’s responsibility’. When we set each of our trails we make sure that we have your safe passage through them at the forefront of our planning. There were several clues consigned to the rubbish bin because they may have led the customer to cross a road in a certain place which was potentially hazardous. That said, we also strongly advise that you always use pedestrian crossings (with or without traffic lights) when getting around the trails, but sometimes it isn’t possible and you may also go off the track that we intended our clues to send you – in those instances PLEASE look after your own safety and that of the rest of your team, especially minors (if they join you). BE SAFE OUT THERE!
Trixity will not accept any liability for injuries associated with crossing the road, walking our trails or for any activities undertaken on our trails that would normally be expected of a tourist walking around the city. If you think you’re in an overly dangerous area e.g. crossing train racks or motorways, climbing over walls etc. you are probably lost – please take care of yourselves.
Another potential safety issue in Australia is the sun. Even on cloudy days you can burn, but on sunny Summer days it will take less than 15 minutes. In Australia, people have grown up with the slogan, Slip, Slop, Slap, Seek and Slide …. Slip on sun protective clothing, slop on the sunscreen, slap on a hat, seek shade, and slide on sunglasses that will protect your eyes from the damage that sunlight can cause.
Whilst these trails are planned as ‘walks’ some teams may aim to push for a faster time as there is a leader board. We do not accept any liability for heat exhaustion or any other injury or loss of life due to people pushing themselves on some of our uphill sections. This is not meant as an Army training exercise, it is a fun trail around a city. In order to help you stay safe we have included a function in our timing system which will stop the clock for you at any point in the trails between clues – please take advantage of that functionality and have breaks when you need them.
- LIABILITY
By participating in any recreational trail activities, either being individual sessions or group activities (the “Activities”) arranged by Trixity, you agree that neither Trixity nor any person associated with it, jointly and severally (hereinafter, individually and collectively “Trixity”) and the other Releasees (as defined below) will be liable to you or any other participant who joins you when undertaking the Activities for any direct or indirect damages that arise in any way. You agree to communicate this assumption of responsibility to any person that you invite to participate in your trail experience provided by Trixity.
IN CONSIDERATION of you electing to participate in the Activities from time to time conducted by Trixity, you, on behalf of yourself, your personal representatives, spouse, assigns, heirs, and next of kin:
- DECLARE that you medically fit to participate in the Activities and acknowledge that you are responsible for your own health and well-being at all times, as well as the health and well-being of any participants who join you in the Activities;
- ACKNOWLEDGE that Trixity may, without being obliged to do so and without being obliged to supply any reason, suspend your right to participate in the Activities at any time without prior notice;
- HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Trixity, other participants in the Activities, or any persons conducting the Activities whatsoever, and others who give recommendations, directions, or instructions regarding the Activities including directors, managers, members, officers, agents, contractors, consultants and employees of the foregoing (all of the foregoing referred to herein as the “Releasees”) from all liability to you, your personal representatives, spouse, assigns, heirs and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to you or your property or resulting in my death arising out of or related to the Activities, from any cause whatsoever, including, without limitation, the failure of anyone to enforce rules and regulations, the failure to make inspections of the condition of the location at which the Activities are undertaken, weather conditions during which the Activities are undertaken, the location for the Activities, the behaviour of other participants undertaking the Activities, and any act or omission of the Releasees or any of them or any other act whether caused by the negligence of the Releasees or otherwise and whether or not occurring during the course of undertaking the Activities, before or afterwards (all for the purpose herein referred to as “Claims”);
- HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the Claims, including without limitation Claims brought against the Releasees arising out of your injury or death (or that of any other participant who joins you when undertaking the Activities) while you are participating in the Activities or observing them and whether caused by the negligence of the Releasees or otherwise;
- HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the Activities whether caused by the negligence of the Releasees or otherwise, in relation to yourself or any participant in the Activities who joins me in undertaking same;
- HEREBY ACKNOWLEDGE that the Activities may be dangerous and involve the risk of serious injury and/or death and/or property damage. You also expressly acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees;
- HEREBY AGREE that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, including negligent rescue operations and is intended to be as broad and inclusive as is permitted by law; and
- HEREBY ACKNOWLEDGE AGREE that Trixity participates in social media outlets such as Facebook, Instagram, YouTube, Google+, etc. Through these mediums, Trixity share member pictures, updates and other helpful information that may benefit other users. You hereby authorise Trixity to use your photo and/or information related to your experiences with Trixity. You understand this information may be shared through various digital and social media platforms such as Facebook, Instagram, YouTube and Trixity’s website, and email communications.
This Release, its construction, interpretation and enforcement shall be governed by the laws of the State of Queensland (excluding its choice of law provisions) to whose personal jurisdiction all parties agree to submit.
YOU HAVE READ AND BY ACCEPTING THESE TERMS AND CONDITIONS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND HAVE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO YOU, AND YOU INTEND YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
- OUR CONTACT DETAILS
Our contact details are:
For general inquiries: please refer to the “Contact us” page on the website
Address for service of notices for Trixity Pty Ltd (ACN 622 104 929) as trustee for the Bracy Family Trust:
c/o Frigo Adamson Legal Group Pty Ltd
P.O. Box 632, Mudgeeraba, QLD, 4213
