Terms of UseThis Website (“the Website”) is owned and its contents is published by Bikesconnect Pty Limited (ACN 155 855 422) (“Bikesconnect”). Bikesconnect provides access to the Website subject to the terms set out below. You must not access, browse or use this website unless you agree to be bound by the terms and conditions set below. Please read the terms and conditions very carefully before using the Website. If you do not agree to these terms and conditions you must not use the Website. By using the Website, you signify your agreement to be bound by these terms and conditions which will be deemed to occur upon your first use of the Website. Orders for products placed through this website are subject to Bikeconnect’s Trading Terms, a copy of which can be found by following this link: Trading Terms and Conditions of Sale For an explanation of the practices and policies of Bikesconnect relating to the collection, use and storage of information of users of the Website, users should refer to the Privacy Policy and Disclosure Statement of Bikesconnect on this website, a copy of which can be found by following this link: Privacy Policy and Disclosure Statement No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you. 1. Definitions and Interpretation The following definitions apply: Account means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website; Bikesconnect means Bikesconnect Pty Limited (ACN 155 855 422), registered office address at Level 15, 309 Kent Street, Sydney NSW 2000; Carrier means any third party responsible for transporting purchased Goods from our warehouse to customers; Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; Goods mean any products that Bikesconnect advertises and / or makes available for sale through this Website; Payment Information means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; Purchase Information means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; Service means collectively any online facilities, tools, services or information that Bikesconnect makes available through the Website either now or in the future; System means any online communications infrastructure that Bikesconnect makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; User / Users means any third party that accesses the Website and is not employed by Bikesconnect and acting in the course of their employment; and Website means the website that you are currently using (www.bikesconnect.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions. 2. Age Restrictions Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.. 3. International Customers If Goods are being ordered from outside Bikesconnect’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Bikesconnect is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Bikesconnect cannot guarantee that the packaging of your Goods will be free of signs of tampering. 4. Intellectual Property Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bikesconnect, our affiliates or other relevant third parties or is being by Bikesconnect with permission by the relevant owner. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws. You must not reproduce, copy, distribute, store in a retrieval system, transmit or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Bikesconnect. You must not remove any copyright or other proprietary notice from any material you download from the Website. Any unauthorised use of material displayed on the Website may breach copyright laws, trade mark laws, privacy laws and other laws. 5. Third Party Intellectual Property Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You must not reproduce, copy, distribute, store in a retrieval system, transmit or in any other fashion re-use any such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. 6. Links to Other Websites For convenience, the Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Bikesconnect or that of our affiliates. We assume no responsibility for the content and functionality of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves, those in control of them or of any information, goods or services referred to. 7. Links to this Website Those wishing to place a link to this Website on other sites may do so only to the home page of the site (www.bikesconnect.com) without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bikesconnect. To find out more please contact us by email at admin@bikesconnect.com 8. Use of Communications Facilities and Information you supply When using the enquiry form or any other System on the Website you agree that you will do so in accordance with the following terms and conditions:
9. Accounts In order to purchase Goods on this Website you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
Your creation of an Account is further affirmation of your representation and warranty. It is recommended that you do not share your Account details, particularly your username and password. Bikesconnect accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Bikesconnect immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to you notifying us of the unauthorised nature of the purchase, Bikesconnect accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information. When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account. 10. Termination and Cancellation Either Bikesconnect or you may terminate your Account. If Bikesconnect terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. If Bikesconnect terminates your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched. Bikesconnect reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch. If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases. If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases. 11. Goods, Pricing and Availability Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Bikesconnect correspond to the actual Goods, Bikesonnect is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 13 for incorrect Goods. Where appropriate, you may be required to select the required model, number and other features of the Goods that you are purchasing. Bikesconnect does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website. All pricing information on the Website is correct at the time of going online. Bikesconnect reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every month and from time to time when necessary. In the event that prices are changed during the period between an order being placed for Goods and Bikesconnect processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price. All prices on the Website include GST. 12. Delivery Bikesconnect will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. Property and risk in the Goods passes to you on delivery. If Bikesconnect receives no communication from you, within 28 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems. 13. Returns Policy Bikesconnect aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Bikesconnect is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. If any Goods you have purchased have faults when they are delivered to you, you should contact Bikesconnect within 28 days to arrange collection and return. Bikesonnect is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. If any Goods develop faults within their manufacturer’s warranty period (if any), you are entitled to a repair or replacement under the terms of that warranty. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Bikesconnect within 10 days and arrange collection and return. Bikesconnect is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. If you wish to return Goods to Bikesconnect for any of the above reasons, please contact us at info@bikesconnect.com to make the appropriate arrangements. 14. Privacy Use of the Website is also governed by our Privacy Policy and Disclosure Statement which is incorporated into these terms and conditions by this reference. To view the Privacy Policy and Disclosure Statement, please click on the link above. 15. Disclaimer of Liability 15.1 Information on the Website Information on this website may contain technical inaccuracies or typographical errors. Bikesconnect makes no warranty or representation regarding the accuracy or completeness of information of the Website, that the Website will meet your requirements, regarding the accuracy and complete of information that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate and that it will be free of technical errors and viruses. Bikesconnect makes no warranty of any specific results from the use of our Services. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. You agree that you use this Website at your own risk. No part of this Website is intended to constitute a contractual offer capable of acceptance. 15.2 Goods Supplied Through this Website Where indicated, certain Goods supplied by Bikesconnect are not for street legal use or highway use and are for use in closed circuit, racing and track days only (“Racing Goods”). Bikesonnect will not be liable for any outcome, death or injury occurred while using the Racing Goods. Using Racing Goods which are not legal for street use could be considered a crime or be prosecuted. Bikesconnect strongly discourages the use of Racing Goods outside closed circuit, racing and track days. Due to the nature of the Goods supplied by Bikesconnect, Bikesconnect relies solely on the manufacturer’s original supplier’s warranty (if available). The Customer agrees that it does not rely on the skill or judgment of Bikesconnect in relation to the suitability of any Goods for a particular purpose. Further, unless specific notice is given that the Goods conform to current Australian Standards, no claim can be made to the contrary that the products conform to current Australian Standards. Any advice, recommendation, information or assistance provided by Bikesconnect is provided without any liability by Bikesconnect whatsoever. 16. Changes to terms and conditions Bikesconnect reserves the right to change the Website, its Content, these Terms and Conditions, the terms and conditions of Sale and the Privacy Policy and Disclosure Statement at any time without notice. You will be bound by any changes from the first time you use the Website following the changes. If Bikesconnect is required to make any changes to Terms and Conditions of Sale of Goods, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. 17. Availability of the Website The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults and/or viruses. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Bikesconnect accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, virus infection ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. 18. Limitation of Liability 18.1 The Website To the maximum extent permitted by law, Bikesconnect accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. This includes, but is not limited to the transmission of any computer virus. Users should be aware that they use the Website and its Content at their own risk and should take appropriate action. Bikesconnect will not be liable to any party for any direct, indirect, special or other consequential damages arising out of any use of this website, or any other hyperlinked website, and including, but without limitation, loss of profits, interruption of business, loss of data on your information handling system or otherwise, even if Bikesconnect has been expressly advised of the possibility of such damage. Bikesconnect provides no representations or warranties, express or implied, including any implied warranties of fitness for a particular purpose, merchantability or otherwise in relation to any information provided by Bikesconnect on this website. In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. 18.2 Goods Supplied The terms and conditions of sale shall not exclude, or limit the application of any provisions of any statute including any implied condition or warranty the exclusion of which would contravene any statute (including the Goods Act 1923 (NSW) and Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) (as amended)) or cause any part of this clause 18.2 to be void or unenforceable. To the maximum extent permitted by law all conditions, warranties and undertakings are expressly excluded. Bikesconnect' liability under for breach of a non-excludable condition or warranty is limited at Bikesconnect' option, to any one of the following: i) the replacement of the Goods or the supply of equivalent Goods; ii) the repair of the Goods; or iii) the payment of the cost of providing replacement Goods or of acquiring equivalent Goods; iv) the payment of the cost of having the Goods repaired. Except as set out in the paragraph immediately above, Bikesconnect shall not be liable for any direct or indirect loss whatsoever including installation costs, labour, personal injury, consequential loss, loss of profits, loss of opportunity or loss of use arising under or in connection with the Goods. 19. Events beyond our reasonable control Bikesconnect will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights. 20. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 21. Indemnity You agree to indemnify Bikesconnect against any claims, losses, liabilities, damages and expenses (including legal fees), arising out of your use of this site. 22. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 23. Notices All notices / communications shall be given to us either by post to our Postal Address (PO Box 1063, Fairfield NSW 1860) or by email to admin@bikesconnect.com. Such notice will be deemed received 3 days after posting if sent by first class post (within Australia), the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. If sent outside Australia, such notice will be deemed received 14 days after posting. 24. Law and Jurisdiction These terms and conditions and the relationship between you and Bikesconnect shall be governed by and construed in accordance with the laws of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these terms and conditions are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms and conditions, which will continue in full force and effect. 25. Additional Condition All invoices are due for payment 14 days from the date of the relevant invoice. Any invoice outstanding beyond this period will be referred to a debt collection agency we elect in our discretion and will be subject to additional costs, charges, expense and legal fees which will be the responsibility of the customer and will be legally enforceable. |