Terms and Conditions

Last updated: February 2019

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  1. User Agreement
    1. By using the 2XU website (and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and www.2xu.com Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
       
  2. Defective Goods
     
    1. Goods purchased from 2XU.com or a 2XU Retail Performance Center come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
       
  3. Registration and User Requirements
    1. To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
    2. By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
       
  4. Access and use of the Website
    1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
    2. You must not (or attempt to):
      1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
      2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
      3. interfere (or attempt to interfere) with security-related or other features of our site; or
      4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
    3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
    4. You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
    5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
       
  5. Information on this Website
    1. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
    2. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in color) from the way they appear on the Website.
       
  6. Disclaimer and Liability
    1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
      1. errors, mistakes or inaccuracies on the Website or our social media pages;
      2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
      3. personal injury or property damage of any nature resulting from your access to or use of the Website;
      4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
      5. any interruption or cessation of transmission to or from the Website;
      6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
      7. the quality of any product or service of any linked sites.
      8. Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.
      9. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
         
  7. Indemnity
    1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
       
  8. Placing Orders
    1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
    2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
    3. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
    4. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
    5. We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
    6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and on the Website.
    7. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
       
  9. Price, Payment and Use of Promotional Discount/Coupon Codes
    1. The prices of goods, delivery and other charges shown are in local currency.
    2. All payments must be received in full before dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
    3. We are currently unable to accept payment via foreign credit cards. Only New Zealand issued credit card payments can be accepted at this time.
    4. There is a limit of one promotional discount or coupon code per transaction.
    5. Coupon "stacking" and the use of multiple coupon codes is not permitted.
    6. We reserve the right to extend, change or cancel a promotional discount or coupon code at any time.
       
  10. Supply and Delivery of Goods
    1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.
       
  11. Goods Out of Stock
    1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfill your order.
       
  12. Change of Mind Returns
    1. 2XU has a strict Customer Return Policy and Procedure to ensure that each item is dealt with quickly and professionally.  Please note 2XU Australia/New Zealand is no longer accepting online exchanges.  Instead, we ask you to purchase your preferred item through the website and submit your request for a full refund for the item that you wish to return.  We will allow a change of mind return for refund, provided that the item in question is
       
      1. A full priced and/or outlet item;
      2. returned within 30 days of order from 2XU.com;
      3. in original purchased condition with tags attached;
      4. not underwear or socks; and
      5. not damaged in any way.
    2. Garments purchased from a wholesale account (Rebel Sports, AMART, Baby Bunting etc) are not eligible for change of mind return to 2XU. These must be returned to the place of purchase. Garments purchased from unauthorized sellers, including unauthorized Internet sites, are not eligible for change of mind return to 2XU.
    3. Garments purchased from a 2XU Retail Performance Centre must be returned to the place of purchase for a Return request
    4. Gifts cannot be returned for change of mind by the giftee. The gifter must contact 2XU with their relevant Order information (Name & Customer Order #)
    5. Garments purchased from 2xu.com/au must be returned to 2XU Online. A return or exchange request must be submitted via http://www.2xu.com/au/returns-and-exchanges.html
    6. Refunds will be permitted to the original account used at the time of purchase (the original Credit Card or PayPal Account used).
    7. For orders placed during promotions that included a gift with purchase, the gift with purchase must be returned back along with the rest of the order if you no longer qualify for the gift.  Refunds will not be processed until 2XU receives all required items back.
       
  13. Process for Returns and Refunds
    1. When seeking a return on a product, please contact us via the Help Centre or email australia@2xu.com. Once contacted we will assess whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply. 
    2. Once an item is returned we will inspect your goods and investigate any claims and where we believe it is applicable, provide you with a refund or exchange.
    3. Refunds will be issued using the payment method used for purchase.
    4. We aim to process refunds and replacements within 5 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
       
  14. Social Media and Content
    1. 1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (‚ÄúSocial Media‚ÄĚ), is the sole responsibility of the person from whom such content originated.
    2. 2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
    3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
      1. you do not have the right to post;
      2. is defamatory or in contempt of any legal or other proceedings;
      3. is misleading or deceptive;
      4. is offensive or discriminates against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
      5. denounces religious or political beliefs;
      6. contains religious or political material;
      7. is indecent, obscene, vulgar, pornographic or offensive;
      8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
      9. contains any unsolicited or unauthorised advertising or promotional material;
      10. contains or links to viruses, malware, spyware or similar software; or
      11. impersonates any person or misrepresents your relationship with any person.
    4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
    5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
       
  15. Intellectual Property
    1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to 2XU, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
      1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
      2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
    4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
       
  16. General
    1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
    2. This Agreement will be governed by and interpreted in accordance with all applicable laws.
    3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
       
  17. Privacy and Personal information
    1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.
       
  18. Promotion Terms and Conditions

THE 2XU WIN A SERIES ENTRY (6 RACES) FOR THE 2XU TRIATHLON SERIES

    1. The Promoter is 2XU Pty Ltd, 43 Cremorne St, Cremorne, Victoria, Australia 3121 (ABN 85 112 308 602) (Promoter).‚ÄĮ
    2. This competition is a game of chance.¬† All entries must be an independent submission by the entrant and free of any claims that they infringe any third-party rights.‚ÄĮ
    3. Entrants must be 18 years old and over and resident of¬†Australia. Employees of the Promoter and their immediate family members are ineligible to enter this competition.‚ÄĮ
    4. To enter this competition, entrants must:‚ÄĮSign up to 2XU Crew¬†By¬†17th¬†October 2021. Only one entry is permitted per person.‚ÄĮ
    5. All entries become and remain the property of the Promoter. The Promoter may use an entrant's name and creative submission for any commercial purpose, including future promotional marketing and publicity purposes.‚ÄĮ
    6. The Promoter reserves the right to verify the validity of entries.‚ÄĮ
    7. The Promoter reserves the right to withdraw, amend or extend this competition.‚ÄĮ
    8. The prize is¬†entry to all 6 races within the 2XU Triathlon Series. The total prize value is $490.‚ÄĮ
    9. The prize is non-transferable and non-redeemable for cash. Any attempt to resell or auction all or any part of this prize will result in immediate cancellation of the prize. The prize will be invalid if the winner is no longer contactable by 2XU.
    10. Entries will be judged at the Promoter's Head Office within two days of the promotions end date. The judges' decision will be final, and no correspondence will be entered into.‚ÄĮ
    11. The Promoter will contact the winner by email no later than one week after the last day of the promotion.‚ÄĮ‚ÄĮ
    12. If the winner is uncontactable or does not agree to redeem the prize within one week after the¬†18th¬†October 2021, entries will be re-drawn¬†and a new winner chosen at the Promoter's Head Office within 48 hrs.‚ÄĮ
    13. The winner is responsible for any tax implications which may arise by accepting the prize.
    14. By entering this competition, entrants agree to opt-in and receive electronic marketing from the Promoter. Entrants may unsubscribe from the Promoter's electronic marketing at any time by clicking the "Unsubscribe" link in the footer of any email sent by the Promoter or by contacting the Promoter's Customer Service Team.‚ÄĮ
    15. The Promoter's Privacy Policy is available at https://www.2xu.com/au/privacy-policy.html.‚ÄĮ
    16. By entering this competition, entrants are deemed to have accepted and agreed to be bound by these terms and conditions. 

 

"the Activity": Triathlon Workshop 

    1. In consideration of¬† joining¬† in¬† the¬† above-described¬† event(s), classes, activities, or other programs, and using the premises,¬† facilities,¬† and/or¬† equipment,¬† or¬† any¬† other¬† location¬† or venue where 2XU is providing services (the ‚ÄúActivity‚ÄĚ or¬† ‚ÄúActivities‚ÄĚ),¬† I¬† agree¬† and¬† acknowledge¬† that¬† I¬† am¬† fully¬† aware¬† that¬† there¬† are¬† significant¬† inherent¬† risks¬† and¬† dangers¬† involved¬† in¬† physical¬† training, cycling, swimming¬† and¬† running¬† exercise¬† activities,¬† including¬† the¬† potential¬† of¬† death,¬† injury,¬† and/or¬† property damage.¬† I accept all the risks of participating, even if the risks are created¬† by¬† the¬† carelessness,¬† negligence¬† or¬† gross¬† negligence¬† of¬† a¬† Released¬† Party¬† (as¬† defined¬† below)¬† or¬† anyone else.¬†¬†
    2. ‚ÄúClaims‚ÄĚ includes but is not limited¬† to¬† any¬† and¬† all¬† liabilities, claims, demands, legal actions, rights of actions for damages,¬† costs,¬† procedures,¬† personal¬† injury¬† or¬† death¬† in¬† connection¬† with¬† participation¬† in¬† the¬† Activity.¬†¬†¬† ‚ÄúReleased Party‚ÄĚ means 2xu pty ltd, and¬†¬† all¬†¬† of¬†¬† their¬†¬† affiliates, franchisees¬†¬† and¬†¬† their¬†¬† respective¬†¬†¬† representatives,¬† ¬†directors,¬†¬†¬† officers,¬†¬†¬† agents,¬†¬†¬† employees and volunteer staff.¬†
      1. (a)  I  am  in  proper  physical and mental condition to participate in the Activities, and    am    aware    that    participation    could,    in    some    circumstances,   result   in   physical   injury,   serious   physical   injury  or  death; 
      2. (b)  I  understand  my  physical  limitations  and  am  sufficiently  self-aware  to  stop  physical  activity  before  I  become ill or injured;
      3. (c) if, in the subjective opinion of any Released  Party,  I  would  be  at  risk  by  participating  in  the  Activities,  I  may  be  denied  access  to  the  Activities  and  related  facilities  until  I  furnish  an  opinion  letter  from  my  medical  physician,  at  my  sole  cost  and  expense,  specifically  addressing the Released Party’s concerns and stating that the Released  Party’s  concerns  are  unfounded; 
      4. (d)  at  all  times  I  shall  comply  with  all  stated  and  customary  terms,  posted  safety signs, rules, and verbal instructions given to me by any Released  Party;   
      5. (e)  I  am  aware  that  if  the  Activities  occur  outdoors, the streets adjourning the area of the Activities are open  to  regular  vehicular  traffic  during  the  Activities  and  I  will obey all traffic laws and regulations;
      6. (f) I understand that I am under no obligation to participate in the Activities and it is  my  choice  to  both  participate  and  attend. I  further  understand  that  I  am  solely  responsible  for  my  own  safety,  physical   and   mental   health   and   wellbeing   and   that   my   participation is completely voluntary and optional.
    3. I hereby, for  myself  and  for  my  heirs,  next  of  kin,  executors,  administrators  and  assigns,  fully  and  irrevocably  release, waive, forever discharge and agree not to assert, any and  all  rights  or  Claims  I  may  have,  now  or  in  the  future,  against  any  Released  Party, even  if  the  Claims  are  based  on  the carelessness, negligence or gross negligence of a Released Party  or  anyone  else. Without  limiting  the  foregoing,  I  further irrevocably release, waive and agree not to assert any recourses  which  I  may  now  or  hereafter  have  resulting  from  any decision of any Released Party.
    4. I agree not  to  sue  any  Released  Party  for  Claims,  even  if  the  Claims  arise  from  the  carelessness,  negligence  or  gross  negligence  of  any  Released  Party  or  anyone  else. I  agree to indemnify (reimburse for any loss) and hold harmless each  Released  Party  from  any  loss  or  liability  (including  any  reasonable  legal  fees  they  may  incur)  defending  any  Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else. 
      1. (a) I have no physical or medical condition  which  would  prevent  me  from  properly  and  safely  participating  in  the  Activities; 
      2. (b) I have  not  been  instructed  by  a  physician  to  avoid  physical  activity  and/or  exercise; 
      3. (c) I have  no  symptoms  or  suggestions  of  mental  distress or trauma which would prevent me from properly and safely   participating in the Activities;   and  
      4. (d) if I have consulted  a  physician  and/or  mental  health  professional, I have taken my physician’s advice.
    5. I am aware that there is no obligation for any person to provide me  with  medical  care  during  the  Activities.    I  understand  and  acknowledge  that:
      1. (a)  there  may  be  no  aid  stations  available  for  the  Activities; 
      2. (b)  there  will  be  no  mental  health  professionals  available  for  the  Activities;  and 
      3. (c) if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care  is  rendered.  I  acknowledge  that  I  am  responsible  to  inform   a   physician   or   mental   health   professional   if   I   experience  symptoms  of  mental distress or trauma prior, during or after my participation in the Activities.  
    6. I grant my permission to the Released Party and any transferee or licensee¬†¬† or¬†¬† any¬†¬† of¬†¬† them,¬†¬† to¬†¬† utilize¬†¬† any¬†¬† photographs,¬† motion¬† pictures,¬† videotapes,¬† recordings¬† and¬† other references or records of the Activity which may depict, record or refer to me, my aural or visual likeness, my voice or other depictions of me or my persona or personality, together with my aural or visual likeness, my voice or other depictions of¬† me¬† or¬† my¬† persona¬† or¬† personality¬† contained¬† therein,¬† in¬† whole¬† or¬† in¬† part,¬† for¬† any¬† purpose¬† (‚ÄúImages‚ÄĚ),¬† including¬† commercial¬† use¬† by¬† the¬† released¬† parties,¬† their¬† sponsors¬† and¬† their¬† licensees. This¬† permission¬† is¬† for ¬†use¬† anywhere¬† in¬† the¬† world and on the Internet and in any other media now known or¬† hereafter¬† created¬† and¬† for¬† an¬† unlimited¬† period¬† of¬† time. I¬† understand¬† and¬† agree¬† that¬† I¬† will¬† not¬† be¬† compensated¬† or¬† receive¬† additional¬† consideration¬† for¬† consenting¬† to¬† the¬† use¬† of¬† the¬† Images¬† and¬† that¬† I¬† will¬† not¬† be¬† given¬† a¬† chance¬† to¬† receive,¬† inspect¬† or¬† approve¬† the¬† promotional¬† or¬† marketing¬† material,¬† messages¬† and/or¬† content¬† that¬† may¬† use¬† the¬† Images. I¬† hereby¬† release¬† the¬† Released¬† Party¬† including,¬† without¬† limitation,¬† all¬† persons who took or otherwise created, recorded or modified the¬† Images,¬† from¬† any¬† and¬† all¬† claims,¬† actions,¬† damages,¬† interest, costs, expense and compensation of whatsoever kind and¬† howsoever¬† arising,¬† whether¬† known¬† or¬† unknown,¬† and¬† which¬† I¬† now¬† have¬† or¬† at¬† any¬† time¬† hereafter¬† can,¬† shall¬† or¬† may¬† have¬† in¬† connection¬† with,¬† or¬† in¬† any¬† way¬† resulting¬† or¬† arising¬† from, the Images and the creation, use or disposition of them.
    7. I acknowledge and  agree  that  the  Released  Party  shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part  of  the  Images,  and  that  the  Released  Party  has  the  unrestricted  right  to  use,  license,  sell,  transfer  or  otherwise  dispose of any or all of them, as well as the Released Party’s rights   under   this   Release   and   Waiver,   in   any   manner   whatsoever  and  without  any  accountability  to  me.  I  hereby  assign  to  the  Released  Party  all  right,  title  and  interest,  throughout  the  world,  I  may  have  in  and  to  the  Images  and  any  materials  comprising  all  or  any  part  of  the  Images,  including  all  intellectual  property  rights  thereto.  I  hereby  irrevocably waive any and all of my moral rights and any other irrevocable  rights  I  may  have,  throughout  the  world,  in  or  to  the  Images  and  any  materials  comprising  all  or  part  of  the  Images.
    8. I understand that¬† some¬† of¬† the¬† information¬† provided¬† by¬† me,¬† including,¬† but¬† not¬† limited¬† to,¬† my¬† name,¬† address,¬† and¬† date¬† of¬† birth¬† (the¬† ‚ÄúInformation‚ÄĚ)¬† will¬† be¬† collected¬† and¬† used¬† by¬† the¬† Released¬† Party,¬† and¬† I¬† consent¬† to¬† the¬† transmission¬† of¬† the¬† Information¬† to¬† the¬† Released¬† Party,¬† its¬† agents¬† and/or¬† service providers and authorize the Released Party, its agents and/or¬† service¬† providers¬† to¬† record,¬† process¬† and¬† store¬† such¬† Information¬†¬† as¬†¬† necessary¬†¬† for¬†¬† purposes¬†¬† of¬†¬† providing¬†¬† and¬†¬† administering¬†¬† the¬†¬† Activity.
    9. I understand that  I  must  be  at  least  the  greater  of  either eighteen (18) years of age for  participation  in  the 
    10. If any provision  of  this  Release  and  Waiver  shall  be  unlawful,  void  or  for  any  reason  unenforceable,  then  that  provision  shall  be  deemed  severable  from  this  Release  and  Waiver  and  shall  not  affect  the  validity  and  enforceability  of  any remaining provisions.
    11. I have fully  read  and  understand  this  Release  and  Waiver.  I am aware that by signing this Release and Waiver, I am  waiving  certain  legal  rights  I  or  my  heirs,  next  of  kin,  executors,  administrators  and  assigns  may  have  against  the  Released Party.
    12. BY COMPLETING BELOW, Participant accepts and agrees to the terms and provisions contained in this Release and Waiver.
    13. IF  PARTICIPANT  IS  UNDER  18  or  the  age  of  majority  of  the  jurisdiction  where  I  reside: I  certify  that  I  am  the  parent  or  legal  guardian  of  the  child  named  above.  I  confirm  that  I  have read and understand the above Release and Waiver and that I agree (on behalf of my child) to be bound by each of the above conditions.

Win 1 of 10 $100 2XU gift cards with Klarna

  1. Information on how to enter and the prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.

Eligibility

  1. Entries into the Competition open on Thursday 28th October 2021 at 00:01 AEDT and close at 23:59 AEDT on Sunday 7 November 2021.¬†(‚ÄúCompetition Period‚ÄĚ).
  2. Entry is open to residents of Australia, New Zealand and the United States of America, aged 18 years and over at the start of the Competition Period.
  3. Directors, management, officers, employees and contractors of the Promoter and associated agencies, retailers, suppliers and companies, and their immediate families are ineligible to enter.  Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, uncle, aunt, niece, nephew, siblings, step-siblings or first cousin, whether or not they live in the same household as the director, manager, officer, employee or contractor.

How to Enter

  • Each time a valid Entrant makes a transaction using Klarna as the payment method in 2XU Performance Centres, 2XU Outlets or online at www.2xu.com during the Competition Period they will automatically be entered into the draw to win 1 of 10 2XU e-gift cards, thanks to Klarna, each to the value of a $100 issued in local currency (‚ÄúEntry‚ÄĚ).
  • Use by the Entrant of Klarna as a payment method is subject to the terms and conditions and privacy policy of Klarna available athttps://www.klarna.com.au/¬†and¬†https://www.klarna.com/au/privacy/.
  • Any costs associated with entering this Competition are the responsibility of each Entrant.

Judging Criteria

  1. This Competition is a game of chance, and skill plays no part in determining the Winners.
  2. The Promoter’s decision in relation to any or all aspects of this Competition is at its complete discretion, final and binding on all persons who enter into this Competition and no correspondence will be entered into.

Prize Draw

  1. A draw of all valid Entries received within the Competition Period will be drawn using randomdraws.com.au at the global head office of 2XU, 43 Cremorne St, Cremorne VIC 3121 at 10:00am AEDT on Wednesday, 10 November 2021.
  2. The first ten(10) valid Entrants drawn (each a ‚ÄúWinner‚ÄĚ) in each of three participating regions, will win one 2XU e-Gift card to the value of $100 each ( ‚ÄúPrize‚ÄĚ).¬†
  3. e-Gift card will be issued to Winners in a local currency, as related to their country of residence.
  • 10 x AUD100 e-gift cards
  • 10 x NZD100 e-gift cards
  • 10 x USD100 e-gift cards
  • The total Prize value is estimated at AUD $3,285

Notification of Winners

  1. The Winners will be notified via email by 10:00am AEDT Friday 12 November 2021 and will be asked to confirm their contact details, following which the Promoter will deliver the Prize to each Winner.
  2. The Promoter will take no responsibility if a Winner's details are incorrect or incomplete and the Winner cannot be contacted.
  3. Promoter reserves the right to appoint a new winner if a Winner cannot be contacted within 48 hours or if the Prize cannot be redeemed by a Winner.
  4. This new winner will be appointed by conducting a second judging of the Entries, such judging to take place in the same manner and at the same premises as the initial judging on a date to be determined by the Promoter.

Prize Limitations 

  1. Prize is not transferable and is not redeemable for cash. The Prize must be taken as stated and no compensation will be paid if a Winner is unable to use the Prize. In the event that the Prize becomes unavailable for reasons beyond the Promoter’s control, the Promoter may substitute a Prize, or element of it, of equal or greater value.
  2. The Winners must be ready, willing and able to receive and/or participate in the Prize as required by these terms and conditions.
  3. The Prize will only be valid and able to be redeemed within 3 years from the date of the Prize being issued, as specified on the gift card/voucher and may only be redeemed in accordance with the Promoter’s standard terms and conditions relating to online gift cards/vouchers. Once awarded, the Promoter is not liable for any gift card/voucher that has been lost, stolen, forged, damaged or tampered with in any way.

Privacy

  1. The Promoter will use the Entrants’ personal information in order to conduct the Competition.  If the information requested is not provided, the Entrant may not participate in the Competition. The collection, use and disclosure of personal information provided in connection with this Competition is governed by the Promoter’s privacy policy, available at https://2xu.com/pages/privacy-policy
  2. By entering the Competition, the Entrant consents to receipt of information (including via post, phone, email and SMS) regarding the Competition and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in. The Promoter may continue to provide the Entrant with this information for an indefinite period unless and until advised otherwise by the Entrant.

Australian Consumer Law

  1. The Promoter shall not be liable for any loss, damage or injury suffered or sustained as a result of accepting and/or using a Prize in relation to the promotion, except for any liability which cannot be excluded by law. 
  2. If in the conduct of this Promotion, the Promoter is liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any other commonwealth, state or territory law that cannot be excluded, the Promoter’s liability under that legislation is limited, to the extent permitted by law, to the cost of replacement of any benefit or prize won. 
  3. Without limiting the previous paragraph, the Promoter will not be liable for any damage, loss or delay in transit to the prize.

Additional 

  1. This Competition, or any aspect of it, may be changed or withdrawn by the Promoter at any time without prior notification.
  2. Any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this Competition may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. 
  3. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of Entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
  4. Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
  5. These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
  6. The¬†‚ÄúPromoter‚Ä̬†is 2XU Pty Ltd (ABN 31 613 298 338) of 43 Cremorne St, Cremorne Victoria 3121. For any queries regarding this promotion, contact us via email at¬†online@2xu.com

 Black Friday Early Access

    1. To access Black Friday Member Preview Sale offer, customers must register and activate a 2XU Crew Member account at 2xu.com/account/register. Upon successful activation of the account, registered members will receive a promotional code via email, to access Black Friday Early Member Access sale online.
    2. Black Friday Early Member Access: 30% off selected styles, excluding Light Speed and Force compression, wetsuits, Triathlon range and already reduced Outlet styles. Offer is available exclusively online to 2XU Crew Members. To redeem, apply unique promo code at check out. Discount will be applied to participating styles. Early Member Access  ends 11:59pm Sunday 21st of November 2021. While stocks last. Not available in conjunction with any other offers. 

 

  1. Custom Design Lab Terms & Conditions By using the 2XU Design Lab you accept these terms and conditions (‚ÄúAgreement‚ÄĚ). This Agreement is between you and 2XU Pty Ltd (referred to in this Agreement as ‚Äúwe‚ÄĚ, ‚Äúus‚ÄĚ or ‚Äúour‚ÄĚ). We may change these terms at any time. By continuing to use the Website, you agree to be bound by the changes.
      1. Personal Data and User Requirements
        To submit custom artwork you must provide us with personal information including your name, phone number and a valid email address. You must ensure this information is accurate and current.
        By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

      1. Access and use of the Website
        You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
        You must not (or attempt to):
        1. Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
        2. Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
        3. Interfere (or attempt to interfere) with security-related or other features of our site; or
        4. Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
        We may refer fraudulent or abusive or illegal activity to the relevant authorities.
        We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

      1. Information on this Website
        You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services via a 2XU Custom Sales Representative.
        Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to an extent in visual appearance (for example in colour) from the way they appear on the Website. Some items may be represented by a digitally rendered interpretation of the product and not an actual photo.

      1. Disclaimer and Liability
        To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
        1. Errors, mistakes or inaccuracies on the Website or our social media pages;
        2. You acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
        3. Personal injury or property damage of any nature resulting from your access to or use of the Website;
        4. Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
        5. Any interruption or cessation of transmission to or from the Website;
        6. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
        7. The quality of any product or service of any linked sites.
        Where any law (including Federal, State, County or Provence Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
        Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

      1. Indemnity
        You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

      1. Orders
        You are responsible for all orders placed, including for any discrepancies or errors in your order caused by you.
        The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
        Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
        We may reject your order, including in circumstances where we believe there may be payment fraud, where we believe the text or logos requested to be applied are considered in our opinion offensive or damaging to the 2XU brand, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
        You must review your order carefully before placing it with the 2XU Custom Sales Representative. Once an order is confirmed, you are unable to cancel or change it.
        In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

      1. Price, Payment and Use of Promotional Discount/Coupon Codes
        The prices of goods, delivery and other charges shown are in local currency.
        Where your order requires full pre-payment, payments must be received in full before dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we reserve the right to withhold your order until payment is furnished. In accordance with local laws, 2XU Custom reserves the right to on-charge credit card surcharges at cost.

      1. Supply and Delivery of Goods
        Subject to this Agreement, we will supply the goods shown on your sales order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.

      1. Goods Out of Stock
        We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfil your order.

      1. Change of Mind Returns
        Due to the bespoke nature of custom manufacturing, 2XU Custom cannot provide refunds or exchanges for changes of mind. Once artwork submissions are confirmed in writing by the customer, artwork is deemed final and is placed into production by the 2XU Custom Sales Representative.

      1. Defective Goods
        You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure as determined by 2XU in agreeance with the customer. This guarantee covers manufacturing defects but not abuse, accidental damage or normal wear and tear. Warranty becomes void if you have not followed the care instructions written on the label.
        The 2XU Custom warranty on all products is 12 months from the date of Sales Order raising. Warranty becomes void if you have not followed the care instructions written on the label. Warranty is not valid for standard wear and tear including garment snagging or overstretching.

      1. Process for Refunds
        When seeking a refund on a product, please contact us via your 2XU Custom Sales Representative or via custom.au@2xu.com. Once contacted we will provide you with instructions on how to return your goods, with which you must comply. The postal fees associated with returning alleged defective garments are the customer’s responsibility.
        Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is immediately applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you.
        Refunds will be issued using the payment method used for purchase. We aim to process refunds and replacements within 5 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

      1. Social Media and Content
        You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (‚Äúcontent‚ÄĚ) posted on, transmitted through or linked from the Website, our Instagram page, Linkedin page or other like application or site that allows for the publication of user generated material (‚ÄúSocial Media‚ÄĚ), is the sole responsibility of the person from whom such content originated.
        You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
        As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
        1. you do not have the right to post;
        2. is defamatory or in contempt of any legal or other proceedings;
        3. is misleading or deceptive;
        4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
        5. denounces religious or political beliefs;
        6. contains religious or political material;
        7. is indecent, obscene, vulgar, pornographic or offensive;
        8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
        9. contains any unsolicited or unauthorised advertising or promotional material;
        10. contains or links to viruses, malware, spyware or similar software; or
        11. impersonates any person or misrepresents your relationship with any person.
        We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
        You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

      1. Intellectual Property
        All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to 2XU, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
        Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
        You may not:
        1. Modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
        2. Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.;
        If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

      1. General
        We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
        This Agreement will be governed by and interpreted in accordance with all applicable laws. You irrevocably submit to the exclusive jurisdiction of the courts of which the offices of 2XU are located.
        If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
        If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

      1. International Sales Taxes
        Orders delivered outside of Australia are not subject to Australian taxes. Because the shipments pass through customs, they are subject to import duties, taxes, and custom processing fees. In most cases, a bill will accompany the delivery, and is payable upon receipt of the package, or the bill will follow shortly in the mail. All taxes and customs duties are the responsibility of the recipient of the delivery. Please note that we cannot estimate the amount of the taxes, duties and/or fees that will be applied to international orders. We suggest you contact your country's customs bureau before placing your order.

    1. Privacy and Personal information
      If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.

Last updated: June 2018

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ZWIFT COMPETITION

The promoter is 2XU Pty Ltd, 43 Cremorne St, Cremorne, Victoria, Australia 3121 (ABN 85 112 308 602) (Promoter).

Entrants must be 18 years old and over and resident of Australia, New Zealand, Canada, United States or the United Kingdom. Employees of the Promoter and their immediate family members are ineligible to enter this competition.

This promotion ends on June 4th, 2021 at 11.59pm (Australian Eastern Daylight Saving Time).

For entries to be valid, entrants must:

Complete the online registration form, including a creative submission to the question "in 25 words or less, what is your finish line?" by 11.59pm (aest) June 4th, 2021.

Only one entry per person - that is, one entry via the online form per person,

All entries become and remain the property of the Promoter. The Promoter may use an entrant's name and creative submission for any commercial purpose, including future promotional marketing and publicity purposes.

The Promoter reserves the right to verify the validity of entries.

The total prize value is $800 AUD, separated into nine (9) x 2XU Cycling and Triathlon kits

The Promoter reserves the right to withdraw, amend or extend this promotion.

The prize will be invalid if the winner is no longer contactable by 2XU.

Entries will be judged at the Promoter's Head Office within one week of the competition end. The judges' decision will be final, and no correspondence will be entered into.

The Promoter will contact the winner by email no later than one week after the winner has been drawn.

If the winner is uncontactable or does not agree to redeem the prize within one week of being contacted, entries will be re-judged and a new winner chosen at the Promoter's Head Office within 48 hrs.

The winner is responsible for any tax implications which may arise by accepting the prize.

By entering this promotion, entrants agree to opt-in and receive electronic marketing from the Promoter. Entrants may unsubscribe from the Promoter's electronic marketing at any time by clicking the "Unsubscribe" link in the footer of any email sent by the Promoter or by contacting the Promoter's Customer Service Team.