Privacy and Use of Data and Images
1. The Organiser complies with the Australian Privacy Principles and its other obligations under the Privacy Act 1988 (Cth) (the “Act”). A copy of our privacy policy can be found at www.ferraritour.com.au.
2. Any personal Information collected by us in connection with this event will only be used:
a. for the management of your registration and your participation in the event,
b. to grant you authorization to access a site or Event;
c. to realize and manage all the necessary activities, related and connected with the organization of the event;
d. to execute all our present and future legal obligations;
e. subject to your express consent, to use and publish your image on the websites or other promotional communications of the Organiser or Ferrari;
f. to manage or facilitate the provision of assistance in any emergency health situation, such as motor-vehicle or other accident or in relation to the prevention of contagions such as Covid-19;
g. to offer additional services and experience offerings that align with the event.
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3. You agree that we may share your personal information with Ferrari and other Associated Entities to the extent consistent with the above.
4. You further warrant and agree that where you have provided personal information relating to another person (such as, for example, a companion that will join you during the event), you have informed and procured the consent of such person that their personal data may be used as set out in these terms and conditions.
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Limitations and Warranties
5. subject to clause 33:
a. the liability of the Organiser to you in connection with the Passion Day is limited to the extent permitted by law to the amounts paid by you to the Organiser to participate in the Passion Day.
b. no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance, merchantability or fitness for purpose of any goods or services provided under this Agreement is given or assumed by the Organiser and all such conditions, warranties and liabilities (including liability as to negligence) express or implied relating to such goods or services are hereby excluded.
6. Notwithstanding clause 32, if this Agreement constitutes a supply of goods or services to a consumer, as defined in the Australian Consumer Law, then to the full extent permitted by law, nothing in this Agreement will be construed as excluding, restricting or modifying any express or implied condition, warranty, right or remedy conferred by such legislation on you and the liability of the Organiser in respect of a breach of a condition or warranty implied by such legislation (other than any non-excludable implied conditions or warranties), including liability for any consequential loss which you or any other entity or person may sustain or incur, will be limited, at the Organiser’s option, to:
a. The repair or re-supply of the goods or services; or
b. the payment of the cost of having the goods or services repaired or re-supplied; or
c. in the case of goods, the replacement of the goods with equivalent goods, or the payment of the costs of such replacement.
Disputes
7. The parties undertake to use all reasonable efforts in good faith to resolve any dispute that arises between them in connection with these terms and conditions.
8. Any dispute, controversy or claim arising out of or relating to this Agreement will first be the subject of conciliation which will be administered by the Australian Disputes Centre Limited ("ADC") and conducted in accordance with the Conciliation Rules of the ADC in force at the date of this Agreement.
9. Any conciliation proceedings will be held in Sydney.
General
10. The obligations of the parties that are capable of enduring termination will survive termination of these terms and conditions.
11. A single or partial exercise or waiver of a right relating to these terms and conditions will not prevent any other exercise of that right or the exercise of any other right. A party will not be liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
12. Each provision of these terms and conditions is severable from the others and no severance of a provision will affect any other provision.
13. These terms and conditions constitute the entire agreement between the parties as to its subject matter and supersedes all prior representations and agreements in connection with that subject matter; and may only be altered in writing signed by both parties.
14. These terms and conditions are governed by the laws having effect in the State of New South Wales, and the parties submit to the exclusive jurisdiction of the courts having jurisdiction in that State, and all courts hearing appeals from them.