NEASA CREATIVE INTEGRANT (“we” or “us”) respects and is committed to the protection of your personal information and your privacy. This Personal Data Protection Notice (“Notice”), prepared in accordance with the Personal Data Protection Act 2013 (the “Act”), sets out our personal data protection practices that are put in place to protect the personal data of individuals who we deal with.
Please note that we may amend this Notice at any time without prior notice and will notify you of any such amendments via our website or by email.
Personal Data Protection Act, 2013
- By providing any information, personal or otherwise of yourself or other person who you are registering for, in order to sign up for the Event or any activity(ies) involving the Organiser and the Event sponsors (if any), you and /or any other person who you are registering for are deemed to have agreed to the following:
- The Personal Data of the Registered Parties shall be used by the Organiser and NEASA for the purposes of sending communication materials to the Registered Parties, including but not limited to, direct mailers, emails, Short Messaging Service and/or telephone calls.
- The Organiser may engage the services of third parties to process the Registered Parties’ Personal Data. All such third parties are contractually obliged not to use the Registered Parties’ Personal Data for any other purpose, other than as specified herein.
- Any of the Registered Parties has the right, at any time, to:
- withdraw his/her consent for the use of the Personal Data;
- to request for any correction/update of the Personal Data; or
- raise any general queries regarding the use of his/her Personal Data;
- by contacting the Organiser directly and NEASA by sending an email to email@example.com. Organiser’s email and contact numbers are listed in the event details.
Waiver of Liability
- Mountainbiker.my only acts as a portal for registration and collection of payments and is not responsible for the organisation, staging and safety of any events. Any claims by the Registered Parties howsoever arising shall be directed to the organiser. RaceXasia.com shall not be liable for all or any refunds, claims, damages, compensations, liabilities or costs arising from or in connection with the Event.
- The Registered Parties acknowledges and agrees that there may be certain danger and risk involved in the Event which may not be foreseeable, including without limitation to personal injury, property damage or death.
- The Registered Parties acknowledges and declares that:
- the Organiser their subcontractors, agents, directors, employees;
- com, their subcontractors, agents, directors, employees, advisers;
- all municipal agencies and local governments whose property or personnel are used;
- all sponsors (including co-sponsors), their subcontractors, agents, directors, employees; and
- any individuals related to the Event, volunteers and affiliates;
- (collectively referred to as the, “Releasees”);
- shall not be liable to the Registered Parties for any liability in contract, tort (including negligence) or otherwise for any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to the Registered Parties or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting his/her registration) arising out of the Registered Parties taking part in the Event or any other matter arising under these Conditions nor for an aggregate amount greater than the Fee paid by the Registered Parties.
- Without limiting the foregoing, the Releasees will not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
- The Registered Parties hereby expressly and irrevocably renounces, for him/herself, heirs and successors in title the right to any recourse or claims whatsoever against the Releasees, or persons for whom it is answerable (“Associated Parties”) as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by the Registered Parties, directly or indirectly, or by his/her family or by any dependents and caused by an event in any way relating to the Registered Parties’s participation in Event.
- The Registered Parties hereby undertakes, for him/herself, heirs and successors in title to indemnify and hold harmless the Organiser, and the Associated Parties for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made. The Registered Parties also agrees to indemnify the Releasees and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the Registered Parties’s declarations above and/or the Registered Parties’s negligent acts or omissions and/or wilful misconduct.
- The Registered Parties hereby release, waive, discharge and covenant not to sue FitCircle for any and all liability from any and all claims arising from the participation in the events by you or any other registered party. The Registered Parties acknowledges that participation in the event will be physically demanding and warrants that he/she is in good physical condition and have sufficient preparations and is able to safely participate in the Events. The Registered Parties is fully aware of the nature of the event and the associated medical and physical risks and hazards involved in participating in the Events, including the possibilities of serious physical trauma, injury or death.
- The Registered Parties consents to the use of his/her name, photographs taken and any appearance filmed or recorded by the Organiser and RaceXasia.com in broadcasts, newspapers, magazines, brochures, internet website, and other media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the event. Registered Parties further agrees that he/she shall not claim or demand for any compensation or payment for such usage.
- The Registered Parties acknowledges that any payment of the fee and transaction costs (if any) for the events, is non-refundable, non-transferable and non-deferrable.
- The Registered Parties acknowledges that the Organizer of the Events has the right to alter, change, cancel and/or postpone any of these events as a results of circumstances that would direct affect or impact the event which is or beyond control.
- FitCircle makes no warranty and assurance that the services in RaceXasia.com registration portal will be uninterrupted, secure or error free. FitCircle also does not guarantee the accuracy or completeness of any information, or provided in connection to the Events or otherwise in the website.
- The Registered Parties agree that this Agreement and Waiver is governed and construed in accordance to the laws of Malaysia. The Registered Parties further agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by law of Malaysia.
- The Registered Parties affirm that they have read, understood and fully agreed to the terms and waiver, and they will give up substantial rights, including the rights to sue and to release all liability to the greatest extend allowed by law.