01. Use
This website (https://escapecollective.com) is for your own personal use unless otherwise previously approved by the Escape Collective. Whether or not you decide to register for an account (either free or paid), you can not (without our prior express written permission):
- Attempt to restrict or stop other website users from using or enjoying the Escape Collective;
- Disassemble, reverse engineer, decompile, or otherwise attempt to extract or use the source code of this website
- Post a user comment that contains any advertising or any other commercial content unless prior approval by the Escape Collective is granted
- Post a user comment or any other material or content to the website, or otherwise use the website in any way that is dishonest, misleading, fraudulent or unlawful or is otherwise vulgar, threatening, harassing, abusive, defamatory, violent, invasive of privacy, offensive, obscene, profane or objectionable
- Attempt to access data or any part of this website that is not intended for you, or which you are not allowed to access, or attempt to obtain goods or services to which you are not otherwise entitled
- Impose an unreasonable load on any of our networks or systems
- Distribute, modify, copy, publish, transmit, display, reproduce, or license any of the material on this website
- Attempt to use any of the material published on this website to create any other publication, website, social media post, or other
- Transfer or sell any of the information, products, functionality, or the services made available on the website, or suggest that you are entitled to do so
- Pretend that you someone else, or that you represent someone else, company, brand, or organisation
- Scan, probe, or test our website or any related system or network for the purpose of breaching security or authentication measures
- Track or monitor any of our content, users, or our website functionality
By using this site you acknowledge that we do not verify or review the content of any individual user comment. We reserve the right to amend or remove a user comment at any stage using our discretion and without prior notice. If we believe that you have not been compliant with these terms or any other agreement with the Escape Collective at any time, we may terminate or suspend your access, restrict your use of the website, or cancel your subscription or membership. You agree that we can do so without any prior notice to you and without liability to you or anyone else.
02. Account Management
To use certain components and functionality of the Escape Collective website you may be required to create an account (free or paid). You are fully responsible for your own use of the website, and you must not give your account details or password to anyone else. If another person accesses our website using your account details, then you are personally responsible for use of the website by that individual.
You may also access certain areas of the website by logging in using a third-party platform (such as Google or Facebook) or alternatively by using your email address. If you log in via a third-party platform, you confirm that you are the owner of the account. The Escape Collective may collect certain personal information via your account (such as your email address, your public profile name).
If you believe your account has been accessed by an unauthorised user you must immediately update your account details and notify us of any fraudulent activity or security breach. We will not be liable for any loss you suffer as a result of unauthorised use of your account. You will be liable for any loss we suffer (except where the unauthorised use or access was outside your reasonable control).
03. Subscriptions and memberships
You will be required to subscribe or become a member to access certain aspects of the website, or to access certain offers, benefits and/or functionality. You will have to create an account to access a subscription or membership package. Subscription and membership packages are available for purchase at any time via the website. You may not sublicense, deliver, transfer or assign your subscription or membership to any other person.
The subscription or membership period may at the Escape Collective’s discretion be:
– An ongoing or continuously renewing period in which payment fees may be applicable only to specific transactions made by you within that period (ongoing subscription or membership);
– Limited to a trial period, and/or limited in functionality during that period, which is not capable of being renewed on the same terms (a trial subscription or membership).
Further details of subscription and membership tiers and inclusions are set out on the Escape Collective website. We may restrict the functionality of our website or your access to certain parts of the website, based on your subscription or membership tier.
You must pay your subscription or membership fees in accordance with the applicable subscription terms and must provide the Escape Collective with all the necessary information to enable us to receive such payment. It is your responsibility to ensure that such stored information in your account is current and correct at all times.
If the Escape Collective website is provided on an periodic or ongoing subscription or membership basis, the subscription or membership will continue for such time as all applicable subscription fees are paid to the Escape Collective unless it has been terminated earlier.
The Escape Collective may change your subscription or membership fees in respect of use of the website at any time by notice to you, and those fees will apply to any future subsequent transaction (for ongoing subscriptions or memberships) or subscription period (for any periodic subscriptions). If you do not accept the change your subscription will expire at the end of the then-current subscription period.
04. Classifieds
1. Introduction
Welcome to the Escape Collective Classifieds. These terms and conditions govern your use of our website. By accessing or using our site, you agree to abide by these terms. If you do not agree with any part of these terms, you may not use our site.
2. User Accounts
a. In order to access certain features of our site, you may be required to create an account. You agree to provide accurate and complete information when creating your account.
b. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
c. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. User Content
a. Our site allows users to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content that you post on our site.
b. By posting User Content on our site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display such User Content on our site and on any other platforms operated by us.
c. You represent and warrant that you have the right to post User Content on our site and to grant the licenses described above. You agree to indemnify and hold us harmless from any claims arising out of your User Content.
4. Prohibited Activities
a. You agree not to engage in any of the following prohibited activities:
i. Posting or transmitting any User Content that is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
ii. Posting or transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
iii. Interfering with or disrupting the operation of our site or any servers or networks connected to our site.
iv. Attempting to gain unauthorized access to our site, user accounts, computer systems, or networks connected to our site.
5. Intellectual Property
a. Our site and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. You agree not to reproduce, modify, distribute, display, perform, or create derivative works of any part of our site without our prior written consent.
6. Limitation of Liability
a. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of our site.
b. We shall not be liable for any damages arising from the conduct of any third party on our site, including without limitation, defamatory, offensive, or illegal conduct.
7. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.
8. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these terms and conditions at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9. For Buyers
We accept advertisements from Sellers in good faith. Advertisements on the Site for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.
All other information on the Site and Products acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.
10. For Sellers
All advertisements must relate to cycling and fall within the Site’s search criteria. We may reject advertisements that are not relevant to these areas of interest and reserve the right to cancel/and/or amend such advertisements, without notice and without refund.
We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect or not in keeping with the Site’s style standards and tone.
Advertisements on the Site may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product.
Sellers must not use this Site to promote any products not permitted to be sold via the Site nor advertise hyperlinks directing Buyers to other websites.
No Seller shall be entitled to claim any loss or damage against us for the use, publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.
05. Fantasy Competition – Prize Giveaway
1. Eligibility
1.1. The prize giveaway is open to all individuals 18 years of age or older at the time of entry.
1.2. Employees, officers, and directors of Escape Collective, its subsidiaries, affiliates, and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, officer, and director are not eligible to participate in the prize giveaway.
2. Entry Period
2.1. The prize giveaway begins on 12 August, 2024 and ends on 18 August 2024 (the “Entry Period”). Entries submitted after the Entry Period will not be eligible.
3. How to Enter
3.1. Entrants must sign up to the Escape Collective Fantasy Competition, and actively participate in the competition to be eligible.
3.2. Limit one (1) entry per person. Multiple entries by the same person will be disqualified.
4. Prize
4.1. The prizes are described in detail on the prize giveaway announcement page.
4.2. The prize is non-transferable and no substitution or cash equivalent is permitted, except by Escape Collective, who reserves the right to substitute a prize of equal or greater value.
5. Winner Selection
5.1. Daily POC helmet winners will be selected by random drawing from all eligible entries received during the Entry Period. The Zwift Ride with KICKR CORE smart bike will be awarded to the entrant with the most points at the end of the entry period.
5.2. The odds of winning daily POC helmet prizes depend on the number of eligible entries received. The Zwift Ride with KICKR CORE smart bike winner is determined by a game of skill.
5.3. The winners will be notified by email within 5 days of the drawing. Winners will be announced in a daily email.
6. Cheating and Disqualification
6.1. Cheating is prohibited. Yes we had to put that in writing. Any attempt to manipulate the entry process or interfere with the giveaway will result in disqualification.
6.2. If Escape Collective suspects any form of cheating, we reserve the right to disqualify any entrant at our discretion without prior notice.
7. Disputes
7.1. Escape Collective reserves the right to make all final decisions regarding any disputes that arise in relation to the prize giveaway.
7.2. Any decision made by Escape Collective regarding the prize giveaway is final and binding in all respects.
8. Limitation of Liability
8.1. By participating in the prize giveaway, entrants agree to release and hold harmless Escape Collective, its affiliates, and their respective officers, directors, employees, and agents from any and all liability for any injuries, losses, or damages of any kind arising from or in connection with the prize giveaway or the acceptance, possession, or use of any prize.
9. Publicity
9.1. By entering the prize giveaway, entrants consent to the use of their name, likeness, and entry for promotional purposes without additional compensation, unless prohibited by law.
10. Governing Law
10.1. The prize giveaway and these Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any conflict of law principles.
11. Privacy
11.1. Information collected from entrants is subject to Escape Collective’s privacy policy, which can be found at https://escapecollective.com/privacy-policy.
12. Sponsor
12.1. The prize giveaway is sponsored by Escape Collective, POC, and Zwift.
13. Shipping, Duties, and Taxes
13.1. Any costs associated with shipping, duties, and taxes for the prize are the sole responsibility of the winner.
13.2. The winner will be required to provide accurate shipping information and be responsible for any additional fees, duties, and taxes incurred during the delivery process.
14. Availability
14.1. The prize is subject to availability in terms of size, model, colour, and region.
14.2. Escape Collective will make reasonable efforts to accommodate the winner’s preferences, but reserves the right to substitute a prize of similar value if the specified prize is unavailable.
By participating in the prize giveaway, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.