MARKETPLACE TERMS AND CONDITIONS

Chicks Who Ride Bikes Pty Ltd ACN 608 542 258 (referred to as Chicks Who Ride Bikes) provides an online introductory, networking, marketing and e-commerce platform connecting entities who are seeking cycling related groups, products and/or services (Vendor Products and/or Services) (such entities being referred to as Members) and entities who wish to share their knowledge of and experience with bicycles and bicycle riding (such entities being referred to as Vendors) (collectively, the Services).

The Services are available on the Chicks Who Ride Bikes website at www.chickswhoridebikes.com (Site).

 

 

Contract

  • These Marketplace Terms and Conditions (Terms) form a binding legal agreement between Chicks Who Ride Bikes, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services (referred to as User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Chicks Who Ride Bikes on the contact details at the end of these Terms.
  • The User’s use of the Site and the Services indicates that:

 

      1. he or she has had sufficient opportunity to access the Terms and contact Chicks Who Ride Bikes;
      2. he or she has read, accepted, and will comply with the Terms;
      3. he or she has legal capacity to enter into a contract for sale; and
      4. he or she is 18 years or older or, if younger than 18 years, the User has the approval of its parent or guardian.

If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

 

  • These Terms may be amended from time to time, without prior notice. The User’s continued use of the Services following any such amendments will be deemed to be confirmation that he/she accepts those amendments. Chicks Who Ride Bikes recommends that each User check the current Terms, before continuing use of the Services. Chicks Who Ride Bikes’ agents, employees and third parties do not have authority to change the Terms.
  • Chicks Who Ride Bikes’ Privacy Policy sets out how personal information is collected, used, and protected. This document is available on the Site.

 

 

 

Introductory Service Only

  • The Site and Services provide an online introductory, networking, marketing and e-commerce platform for Members and Vendors, through which Members will be able to contact other Members for social interaction.
  • The Site and Services provide an online introductory, networking, marketing and e-commerce platform for Members and Vendors, through which Members will be able to contact Vendors and request Vendor Products and/or Services including a searchable directory of Vendors, a blog and forum.
  • Vendors are able to:

 

  1. create a profile and event listings following the steps on the Site (Store) for Vendor Products and/or Services;
  2. showcase its Vendor Products and/or Services within its Store; and
  3. sell the Vendor Products and/or Services to Members for a set purchase price.

 

  • Members are able to:

 

  1. Connect and engage with one another through the social media platform;
  2. search for Vendors;
  3. view Stores and Vendor Products and/or Services;
  4. purchase the Vendor Products and/or Services from the Vendors for a set purchase price;
  5. rate Vendor Products and/or Services; and
  6. view media and interest pieces.

 

  • Each Vendor is responsible for its Store. It must manage its own Vendor Products and/or Services and set the purchase price of each Vendor Product and/or Service.
  • Each User understands and agrees that the Site is an online introductory platform only, and that Chicks Who Ride Bikes’ responsibilities are limited to facilitating the availability of the Site and the Services.
  • Chicks Who Ride Bikes is not a party to any agreement entered into between a Member and a Vendor. Chicks Who Ride Bikes has no control over the conduct of Members, Vendors and any other users of the Site and the Services. Chicks Who Rides Bikes disclaims all liability in this regard, as set out in these Terms.
  • Any arrangement between a Member and a Vendor is solely between the Member and the Vendor. It is strictly and expressly not part of the User’s agreement with Chicks Who Ride Bikes.

 

 

 

Online Registration

  • A visitor to the site can view the blog as an unregistered user of the Site.
  • A User must register on the Site as a member (Member) and create an account (Account) to access other Services and features on the Site, including creating a Store.
  • Each Member may only have one (1) Account on the Site, including a Store.
  • Basic information is required when registering on the Site for an Account. Each Member is required to provide certain information including name, email address and location and select a username and password.
  • Each Member agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Chicks Who Ride Bikes reserves the right to suspend or terminate any Member’s Account and his/her access to the Site and Services if any information provided to Chicks Who Ride Bikes proves to be inaccurate, not current or incomplete.
  • To keep information secure and confidential, Chicks Who Ride Bikes uses SSL Certificates to establish an encrypted link between a server and a User. Users may also be requested by Chicks Who Ride Bikes to change their passwords at regular intervals. Further information on the storage and security of your personal information can be found in our Privacy Policy.
  • It is the Member’s responsibility to keep its Account details, username and password confidential. The Member is liable for all activity on its Account, including purchases made using its Account details. The Member agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
  • The Member will immediately notify Chicks Who Ride Bikes of any unauthorised use of its Account.

 

 

 

Payments

  • Members can join the Site and use the Services at no charge
  • Vendors can purchase a Vendorship allowing them to create a store, event listings and contact Members; however, it does not guarantee event attendance and therefore, all agreements made about listings as well as any payments are solely up to the Vendor and Member to decide and discuss among themselves.
  • Vendorship Fee is payable to Chicks Who Ride Bikes Limited. Membership can be purchased for the duration of one month (from 9.99 AUD), three months (from 19.99 AUD) or one year (from 79.99 AUD). The payment method for the Membership is a recurring subscription-based payment.
  • When you initially subscribe for a Vendorship you will be charged immediately for the initial period of the Subscription at the then-current fee. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the User and auto-renewal may be turned off by going to the user’s Subscription section in Account Settings after purchase.
  • By agreeing to a Subscription payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
  • After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
  • Vendors agree that Chicks Who Ride Bikes Limited, in its sole discretion, may suspend or terminate your Vendor Account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
  • We reserve the right to terminate your access to the site for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
  • In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User’s personal identification information will be shared with legal authorities in cooperation for investigation.
  • A Vendor individually determines the Fee for Products or Services. Alternatively, a Vendor can also choose to provide free Products or Services. Before setting the Products or Services Fee the Vendor must evaluate the fees and any local taxes applied for providing services. The Products or Services Fee has to include any such fees and taxes that the Vendor determines that he/she has to collect. The Products or Services Fee displayed in the advertisement of a Store includes all fees and taxes and is final for the Member.
  • Chicks Who Ride Bikes’ pricing structure or payment methods may be amended from time to time in its sole discretion.

 

 

 

Vendors and Stores

  • Vendors who have created an Account may create a Store to sell their Vendor Products and/or Services. The Store will be created from information that is provided to Chicks Who Ride Bikes and will be subject to the approval of Chicks Who Ride Bikes. This information includes a Vendor’s postal or street address, email address, telephone number and shop name. Chicks Who Ride Bikes may refuse to approve a Store at its discretion.
  • Each Vendor acknowledges and agrees that any communications entered into with a Member is at his or her own risk. Chicks Who Ride Bikes does not provide the Members and cannot guarantee that these Members have genuine intentions.
  • If a Member contacts a Vendor and requests Vendor Products and/or Services, any agreement entered into is between the Member and Vendor. Chicks Who Ride Bikes is not a party to the agreement.
  • Each Vendor should report to Chicks Who Ride Bikes, any activities or requests of Members which are, or which the Vendor reasonably believes to be:

 

  1. suspicious;
  2. inconsistent;
  3. illegal; or
  4. likely to have a negative effect on the reputation of the Site, Services and/or User.

 

  • Each Vendor acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
  • Each Vendor represents and warrants that any content that it provides:

 

  1. will not breach any agreements it has entered into with any third parties;
  2. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Vendor in its local area and country; and
  3. will not conflict with the rights of third parties.

 

  • For the avoidance of doubt, Chicks Who Ride Bikes assumes no responsibility for a Vendor’s compliance with any applicable laws, rules and regulations.
  • Chicks Who Ride Bikes reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Store for any reason, including Accounts and/or Stores that Chicks Who Ride Bikes, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

 

 

 

Members

  • Members can access the Site to find a Vendor, to communicate with other Members and to request a Product and/or Service.
  • Each Member acknowledges and agrees that any communications entered into is at his or her own risk. Chicks Who Ride Bikes does not provide the Members or Vendors and cannot guarantee that these Members or Vendors have genuine intentions.
  • If a Member contacts a Vendor and requests Vendor Products and/or Services, any agreement entered into is between the Member and Vendor. Chicks Who Ride Bikes is not a party to the agreement and cannot guarantee the quality, service or the like of any Vendor Products and/or Services.
  • Each Member should report to Chicks Who Ride Bikes, any activities or requests of Vendor which are, or which the Member reasonably believes to be:

 

  1. suspicious;
  2. inconsistent;
  3. illegal; or
  4. likely to have a negative effect on the reputation of the Site, Services and/or User.

 

  • Each Member acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
  • Each Member represents and warrants that any content that it provides:

 

  1. will not breach any agreements it has entered into with any third parties;
  2. will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Members in its local area and country; and
  3. will not conflict with the rights of third parties.

 

  • For the avoidance of doubt, Chicks Who Ride Bikes assumes no responsibility for a Member’s compliance with any applicable laws, rules and regulations.
  • Chicks Who Ride Bikes reserves the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts that Chicks Who Ride Bikes, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

 

 

 

Forums

  • The Site has a social platform and forum on which Users are able to communicate.
  • Chicks Who Ride Bikes asks Users to limit their discussions to topics which are relevant to Chicks Who Ride Bikes’ Site and Services.
  • Users acknowledge and agree that they are not permitted to post content which contains foul language, illegal material, defamatory comments, business advertisement, spam, religious debates, comments which incite fear, and any form of abuse, insults or personal attacks.
  • Chicks Who Ride Bikes reserves the right to remove any posts by Users which Chicks Who Ride Bikes, at its sole discretion, deems to be inappropriate.

 

 

 

Dispute Resolution

  • By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Member, Vendor, or other third party, will be limited to a claim against the Member, Vendor or other third party, who caused harm to him or her. Chicks Who Ride Bikes encourages Users to communicate directly with the relevant Member, Vendor or third party to resolve any disputes.
  • Chicks Who Ride Bikes welcomes feedback from its Users. Chicks Who Ride Bikes seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact us.
  • If there are any complaints from a User, Chicks Who Ride Bikes will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Chicks Who Ride Bikes’ response, the User and Chicks Who Ride Bikes agree to the following dispute resolution procedure:

 

  1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Chicks Who Ride Bikes agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
  2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Chicks Who Ride Bikes may refer the matter to a mediator. If the User and Chicks Who Ride Bikes cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.

 

  • Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

 

 

 

Cancellation of Registration

  • If a Member wishes to cancel its registration, it will need to do so by writing an email to info@chickswhoridebikes.com.
  • There is no charge for cancelling a registration or deactivating an Account but a Vendor must pay any outstanding Commission payments immediately.
  • No refunds of Commission payments will be made upon cancellation.

 

 

 

Consumer Guarantees

  • Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
  • If the User is a consumer as defined in the ACL, the following notice applies to the User from Chicks Who Ride Bikes: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”

 

 

 

Copyright and Intellectual Property

  • The Site contains material which is owned by or licensed to Chicks Who Ride Bikes (or its affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content). Chicks Who Ride Bikes and all material used in connection with the Site are unregistered or registered trademarks of Chicks Who Ride Bikes.
  • Intellectual property includes all code, algorithms, copyright, fees, pricing, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Chicks Who Ride Bikes (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business; trade, business company or organisation names; internet domain names; and Site content, images and layout (Intellectual Property).
  • The User agrees that, as between the User and Chicks Who Ride Bikes, Chicks Who Ride Bikes owns all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. Chicks Who Ride Bikes own the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Chicks Who Ride Bikes or the owner of the content.
  • Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
  • Chicks Who Ride Bikes’ Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Chicks Who Ride Bikes or the applicable trademark holder.
  • Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Chicks Who Ride Bikes or the applicable trademark holder. Users may not do anything which interferes with or breaches the Intellectual Property rights.

 

 

 

User Licence

  • Subject to these Terms, Chicks Who Ride Bikes grants the User a personal, non-exclusive, non-transferable, limited and revocable licence to use the Site and Services for its own personal and commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without Chicks Who Ride Bikes’ prior written consent.
  • The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
  • This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

 

 

 

Permitted and Prohibited Conduct

  • The User is solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to its use of the Site and Services. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:

 

  1. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  2. register for more than one (1) Account or register for an Account on behalf of another individual and/or entity;
  3. use the Services to find a Vendor or Member and then complete, or assist another individual to complete, a booking or transaction independent of the Services in order to circumvent the obligation to pay any fees related to Chicks Who Ride Bikes’ provision of the Services;
  4. submit any false or misleading information;
  5. as a Vendor, offer any Vendor Products and/or Services that it does not intend to honour or cannot provide;
  6. as a Member, make any offers to the Vendor that it does not intend to honour or cannot provide;
  7. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
  8. copy, store or otherwise access any information contained on the Site and Services or Content for purposes not expressly permitted by these Terms;
  9. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  10. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  11. use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
  12. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
  13. use, display, mirror or frame the Site, or any individual element within the Site, Services, Chicks Who Ride Bikes’ name, any Chicks Who Ride Bikes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Chicks Who Ride Bikes’ express written consent; or
  14. advocate, encourage, or assist any third party in doing any of the foregoing.

 

 

Content

  • The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. The User acknowledges and agrees that the Site, Services, and Collective Content, including all associated intellectual property rights is the exclusive property of Chicks Who Ride Bikes and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Collective Content.
  • The User must not post, upload, publish, submit or transmit any content that:

 

  1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  2. is fraudulent, false, misleading or deceptive;
  3. denigrates the Site, Services, a Member, or a Vendor;
  4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
  7. promotes illegal or harmful activities or substances.

 

  • Chicks Who Ride Bikes reserves the right to remove any User content from the Site which, at its sole discretion, it deems to be in breach of this clause.

 

 

 

User Content

  • Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content on or through the Site and Services, the User grants to Chicks Who Ride Bikes a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services.
  • The User agrees that it is solely responsible for all User Content that it makes available through the Site and Services. The User represents and warrants that:

 

  1. it is either the sole and exclusive owner of all User Content that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Chicks Who Ride Bikes the rights in such User Content, as contemplated under these Terms; and
  2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Chicks Who Ride Bikes’ use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

 

Disclaimers

  • Chicks Who Ride Bikes does not guarantee that Vendors and Vendor Products and/or Services will be requested by any Member, nor does Chicks Who Ride Bikes guarantee that Members will be able to find desirable Vendors and Vendor Products and/or Services.
  • Chicks Who Ride Bikes does not endorse any Member, Vendor, Store or Products and/or Services. Chicks Who Ride Bikes requires Members and Vendors to confirm that they have provided accurate information. Chicks Who Ride Bikes does not perform any sort of background checks of Members and Vendors, and does not confirm any Member’s or Vendor’s identity, Stores or Vendor Products and/or Services.
  • Chicks Who Ride Bikes cannot and does not control the content contained in any Stores or the condition, legality or suitability of any Vendors or Vendor Products and/or Services. Members are responsible for determining the identity and suitability of Vendors that they contact via the Services.
  • Chicks Who Ride Bikes accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Chicks Who Ride Bikes disclaims any and all liability related to any and all Members, Vendors, Stores and Vendor Products and/or Services.
  • By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Member or Vendors or other third parties will be limited to a claim against the Member or Vendor or other third party who caused it harm. Chicks Who Ride Bikes encourages the User to communicate directly with the relevant Member or Vendor on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
  • To the fullest extent allowable under applicable law, Chicks Who Ride Bikes disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
  • For the avoidance of doubt, Chicks Who Ride Bikes is not responsible for any taxation, visa or immigration matters associated under these Terms. Chicks Who Ride Bikes advises that all Users using the Site and Services should seek advice in relation to these matters.
  • Each Member and Vendor who uses the Site and the Services does so at their own risk.
  • Chicks Who Ride Bikes excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:

 

  1. Chicks Who Ride Bikes expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
  2. Chicks Who Ride Bikes does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
  3. Chicks Who Ride Bikes takes no responsibility for, and will not be liable for, the Site, the Services, the Members, the Vendors and Vendor Products and/or Services being unavailable, failing to meet the Store description, failing to meet the User’s needs, or of being less than merchantable quality; and
  4. Chicks Who Ride Bikes will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, Content, inability to access or use the Site, the Services, the Store, the Products and/or Services, or the Terms, even if Chicks Who Ride Bikes was expressly advised of the likelihood of such loss or damage.

 

  • The User agrees not to attempt to impose liability on, or seek any legal remedy from Chicks Who Ride Bikes with respect to such actions or omissions.

 

 

 

Limitation of Liability

  • Chicks Who Ride Bikes’ total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Chicks Who Ride Bikes in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$70) if no such payments have been made, as applicable.
  • The limitations of damages set forth above are fundamental elements of the basis of the bargain between Chicks Who Ride Bikes and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
  • This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Chicks Who Ride Bikes.

 

 

 

Indemnity

  • Each User agrees to defend and indemnify and hold Chicks Who Ride Bikes (and Chicks Who Ride Bikes’ parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
  • Chicks Who Ride Bikes reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
  • This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Chicks Who Ride Bikes without restriction.

 

 

 

General

  • Accuracy: While Chicks Who Ride Bikes will endeavour to keep the information up to date and correct, Chicks Who Ride Bikes makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Chicks Who Ride Bikes expressly excludes any liability for such to the fullest extent permissible by law.
  • GST: If and when applicable, GST payable on Commission will be set out in our invoices. By accepting these Terms, the Vendor agrees to pay Chicks Who Ride Bikes an amount equivalent to the GST imposed on these charges.
  • Security: Chicks Who Ride Bikes has a secured business system with a Premium 256 bit encryption SSL connection to protect all User transactions and to ensure maximum security. All payments are processed by PayPal who is a secured third party processor. No credit card information is stored by Chicks Who Ride Bikes. Chicks Who Ride Bikes is simply notified of a successful or unsuccessful order between a Member and a Vendor.
  • Termination: Chicks Who Ride Bikes reserves the right to refuse supply of the Services required by any User, terminate any User’s account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User.
  • Fraudulent Activities: Each User acknowledges and agrees that, in the event Chicks Who Ride Bikes reasonably suspects that there are or fraudulent activities occurring within the Site and Services, Chicks Who Ride Bikes reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
  • Force Majeure: Chicks Who Ride Bikes will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
  • Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
  • Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Chicks Who Ride Bikes of any of the Terms shall be effective unless Chicks Who Ride Bikes expressly states that it is a waiver and Chicks Who Ride Bikes communicates it to the User in writing.
  • Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Chicks Who Ride Bikes’ prior written consent.
  • Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  • Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Queensland, Australia, and subject to the exclusive jurisdiction of the Queensland courts. The Site may be accessed throughout Australia and overseas. Chicks Who Ride Bikes make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
  • Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Chicks Who Ride Bikes and each User, and supersede any prior agreement, understanding or arrangement between Chicks Who Ride Bikes and each User, whether oral or in writing.

 

 

For questions and notices, please contact:

Chicks Who Ride Bikes Pty Ltd ACN 608 542 258
65 Port Road, Port Willunga SA 5173
0417 262 614
info@chickswhoridebikes.com

Last update: 13 August 2017