Mercedes-Benz

Terms and Conditions

Conditions of Entry

The Promoter is Patterson Cheney Pty Ltd trading as Mercedes-Benz Berwick ABN 52 005 805 247 (Mercedes-Benz Berwick).

Mercedes-Benz Berwick is conducting the 2019 Mercedes-Benz Berwick Cycling Challenge (Challenge).

All Entrants must accept the Conditions of Entry to participate in the Challenge. 

The minimum age to participate in the Challenge is 18 years old at the time of the Challenge.

Instructions and information on how to enter the Challenge form part of the Conditions of Entry.

By my clicking on “I agree” when submitting my entry, I agree, acknowledge and understand that: 

Own Risk

1.                   I am participating in the Challenge departing from The Port Melbourne Yacht Club, 38 Beach Street, Port Melbourne, to Point Nepean Road, Blairgowrie, voluntarily and solely at my own risk.

2.                   I may withdraw from the Challenge at any time before the Challenge starts or during the Challenge.

Dangerous Activity

3.                   I accept the risks associated with the Challenge and acknowledge that they are inherently hazardous and regarded as dangerous.  Any such hazards or dangers may include, but are not limited to:-

(a)                 The colliding of my bicycle with other bicycles, vehicles, persons or property, whether part of the Challenge or not;

(b)                 Acts of violence, recklessness, errors of judgment and other acts that may cause harm (whether intentional or inadvertent) committed by persons attending or participating in the Challenge, other road users or the public more generally;

(c)                 The failure or unsuitability of facilities (including without limitation, the public roads over which the Challenge will be conducted);

(d)                 Breakdown or defects in my bicycle and other person’s equipment; and

(e)                 The Challenge sharing open public roads with other road users (including but not limited to bikes, pedestrians, cars, buses and trucks).

Warranties 

4.                   I warrant, promise and agree: –

(a)                 To follow all the Challenge rules and conditions of participation, follow all directions and instructions given or shown to me by any representative of Mercedes-Benz Berwick, Total Rush or Bicycle Network officials;

(b)                 To abide by any road rules and traffic signals, and instructions provided by any law enforcement agency representative;

(c)                 To have a zero blood alcohol level and that I will not be under the influence of any drug or drugs;

(d)                 To participate in the Challenge in a safe manner and not to unnecessarily put me, any other participant, person or road user or property at risk of damage, death or injury.

5.                   Further, in consideration of Mercedes-Benz Berwick allowing me to participate in the Challenge, I warrant the following:-

(a)                 I am over 18 years of age and have capacity to sign this form;

(b)                 I agree to conduct myself in a proper manner during and in relation to the Challenge and not do anything (or fail to do anything) which would bring myself, other competitors, Mercedes-Benz Berwick, or any of Mercedes-Benz Berwick's representatives into ridicule or disrepute.

(c)                 I accept that when cycling I am at risk and may suffer or cause serious injury or death or property loss or damage.

(d)                 At all times during and in relation to the Challenge, I will strictly and promptly comply with all directions and instructions (whether written, verbal or otherwise) given to me by Mercedes-Benz Berwick or any of Mercedes-Benz Berwick’s representatives.

6.                   I acknowledge that: –

(a)                 I am participating in the Challenge on a voluntary basis;

(b)                 Participation in the Challenge is dangerous and contains inherent risks;

(c)                 I am responsible for ensuring that I am sufficiently fit and healthy to participate in the Challenge and if I have any health issues or doubts prior to the Challenge, I am responsible for seeking  appropriate medical advice;

(d)                 I am responsible for arranging appropriate insurance for myself in relation to the Challenge; and;

(e)                 Mercedes-Benz Berwick may refuse to allow me to take part or continue in any or all aspects of the Challenge, if Mercedes-Benz Berwick determines, in its absolute discretion, that I am not in the mental or physical condition necessary to be able to safely participate in the Challenge or my participation poses a danger to myself or anyone else. 

Consent to use name, image etc. 

7.                   By consenting to these Conditions, I also consent to:

(a)                 Mercedes-Benz Berwick (and any third parties authorised by Mercedes-Benz Berwick), capturing, recording or using my name, likeness, image, photo and/or voice in any digital, video, written and/or audio format (Content);

(b)                 Mercedes-Benz Berwick using, disclosing and publishing all or any part of the Content for any purpose Mercedes-Benz Berwick may deem useful and appropriate, including without limitation and at Mercedes-Benz Berwick’s discretion to promote the Challenge, any similar events in the future and/or promoting any products manufactured, distributed and/or supplied by Mercedes-Benz Berwick (Purpose);.

(c)                 grant Mercedes-Benz Berwick, without any obligation on Mercedes-Benz Berwick to pay me any remuneration, compensation or fee, the irrevocable and royalty free right to forever keep, reproduce, copy, edit, alter, transmit, distribute, disclose, publicise and otherwise use the Content, or any part of it, for the Purpose, anywhere in the world (Right of Use).

(d)                 irrevocably assign to Mercedes-Benz Berwick any rights (including intellectual property rights) that I may have in the Content, and consent to Mercedes-Benz Berwick exercising the Right of Use with or without acknowledgement of my participation.

Limitation of Liability

8.                   I agree that Mercedes-Benz Berwick and its related companies and their officers, employees and agents will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury (Loss) which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to my participation in the Challenge except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).

9.                   I continually indemnify Mercedes-Benz Berwick and its related companies and their officers, employees and agents against any claim or proceeding that is made, threatened or commenced and any loss Mercedes-Benz Berwick and/or its related companies and/or their officers, employees and agents incurs or suffers as a direct or indirect results of any act or omission by me in relation to my participation in the Challenge. 

10.                I acknowledge and agree that Mercedes-Benz Berwick does not make any promise that the Challenge (or any services connected with the Challenge) will be provided with due care and skill or that any materials or equipment provided in connection with the services will be fit for the purposes for which they are supplied. I acknowledge that, to the extent that any warranty (or promise) is implied it is excluded to the full extent permitted by law. 

11.                Mercedes-Benz Berwick reserves the right, in its absolute discretion, to refuse to allow a participant to participate in the Challenge or to remove a participant from the Challenge for breach of these Conditions of Entry or otherwise determines it appropriate to do so.

Governing law and jurisdiction

12.                These terms and conditions are governed by the laws of the State of Victoria and the relevant federal courts and courts competent to hear appeals from those courts.

Severability 

13.                If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from these terms and conditions, but the rest of these terms and conditions are not affected.

14.                The failure by Mercedes-Benz Berwick to enforce any provision of these Terms of Entry shall not be treated as a waiver of that provision, nor shall it affect Mercedes-Benz Berwick’s right to subsequently enforce that provision.

By submitting my Entry, I acknowledge that I have read and understood them and accept and agree to these Terms of Entry.

Privacy Statement

The personal information that we obtain from or about you is collected for the purpose of conducting the Challenge as specified above.  Our Privacy Policy details why we collect this personal information, who we may disclose it to (including whether we are likely to disclose it to overseas recipients), and the main consequences (if any) if we do not collect it.   Our Privacy Policy also contains information about how you may seek access to, or correction of, the personal information held about you, and our complaint resolution procedures.  Our Privacy Policy is available at www.mbberwick.com.au or by request to us.

We guarantee to make it worth your while.

Mercedes-Benz Berwick are dedicated to providing you with the highest level of service, from your vehicle purchase through to your aftersales care.
Our dedicated team guarantee to make it worth your while and exceed your expectations each & every time you call, email or visit Mercedes-Benz Berwick.
So contact Craig Howard and his award winning team today to see why Mercedes-Benz Berwick was awarded Metropolitan Retailer of the Year for the 5th time in 6 years. 

Aftersales experience.

Our service department is open 6 days a week, including Saturdays between 8.30am-12.00pm.
We are a certified Express Service Centre and also offer Capped Price Servicing across the Mercedes-Benz range to give you transparency and peace of mind.
With over 35 loan vehicles available we invite you to Experience the Difference.
So book your service today with Mercedes-Benz Berwick.

2018 Mercedes-Benz Metropolitan Retailer of the Year.

It is a great honour and privilege to announce that Mercedes-Benz Berwick was awarded 2018 Mercedes-Benz Metropolitan Retailer of the Year, for the 5th time in 6 years.
The award recognises dedication and excellence, which have been hallmarks of the Mercedes-Benz brand for over 130 years.
Thank you to all our loyal customers and our dedicated team. Without you this award would not be possible.