BIKE CHASER PTY LTD (ACN 163 037 054)
The terms and conditions set out below apply to your use of www.bikechaser.com.au and variations thereof and any other products and services of Bike Chaser Pty Ltd (ACN 163 037 054) (‘the Company’) including any of the Company’s mobile apps for smart phone and tablet devices. www.bikechaser.com.au (‘the Website’) is a website operated by the Company.
As a condition of use of the Website you agree to the terms and conditions of use as set out below. Should you not agree to these terms and conditions of use then please leave the Website now.
The Company reserves all rights to alter the terms and conditions as set out below at its discretion. Each time you use the site, it is your responsibility to be aware of our current terms and conditions.
‘Buyer’ means a person who is seeking to purchase products or services from a Seller who advertises goods or services for sale on the Websites and/or any mobile version of the Websites.
‘Company’ means Bike Chaser Pty Ltd (ACN 163 037 054).
‘Products’ means the bicycle products and bicycle parts and related accessories that are offered for sale by a Seller on the Website and/or any mobile version of the Website.
‘Seller’ means an individual person, an entity or a company that has Products or services advertised for sale on the Website and/or any mobile version of the Website.
‘Private Seller’ means a person who has Products or services advertised for sale on the Website and/or any mobile version of the Website.
‘Bike Shop’, ‘Bike Store’ or ‘Retailer’ means a Seller who has registered with Bike Chaser as a Bike Shop. A Bike Shop must have an Australian Business Number (ABN), be based in Australia and do business from retail premises.
‘Website’ means www.bikechaser.com.au (and/or any mobile version of the Website).
2. The Site
2.1 The Website is provided as an online advertising platform for use by the general public, and provides a marketplace for buying and selling bicycles and bicycle parts and accessories. Users of the Website may browse, purchase, sell, and negotiate with others the sale and purchase of Products or services in accordance with these terms and conditions of use.
2.2 The Company, at its discretion, may reject advertisements not relevant to the Products and the cycling industry, and reserves the right to cancel any such advertisements or any other advertisements that the Company deems not fit for the Website, without notice and without refunds.
2.3 The Company does not facilitate any payment transactions between a Buyer and Seller in relation to the sale of Products or services advertised for sale on the Website, but rather, provides the Website as a marketplace for users of the Website to advertise goods and services for sale.
2.4 The Company may offer subscriptions to users of the Website, with such subscriptions to be offered on terms as detailed in any subscription offer published by the Company from time to time.
3.1 Any advertisements uploaded by users must be in accordance with these terms and conditions. The Company may charge a fee that it sees fit for any uploads of advertising material.
3.2 Any fee paid to the Company to place an advertisement on the Website does not grant you exclusive rights to any web page on the site.
3.3 The Company reserves the right to charge a commission on the sale of any Products or services advertised by a Seller on the Website. If any such commission is applicable, the Company will notify the Seller at the time of or prior to the Seller placing the advertisement for the sale of the Products or services to which the commission applies.
3.4 Any paid advertisements uploaded to the Website must be prepaid, unless stated otherwise or prearranged with an authorised representative of the Company.The Company offers no refunds for Products or services provided by the Company, unless the Products or services have not been delivered and the Company is at fault.
3.5 When submitting information to the site, you assign all copyright of that information to the Company. If you submit information to the site that is not yours in copyright, it is your responsibility to gain permission from the original owner of that information and you indemnify the Company from and against any claims made against it by third parties for infringement of their intellectual property rights arising from your submission of information.
3.6 Your advertisement on the Website may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
3.7 Any phone numbers you provide for advertisement must be yours or you must have permission to use them.
3.8 The Company will not be a party to any transaction that arises between a Buyer and a Seller through the Website. The exchange of money and the Products will be the responsibility of the Buyer and Seller only and the Company has no responsibility to either party in relation to any such transactions, and shall not under any circumstances be liable for the acts or omissions of a Buyer or Seller in relation to any commercial transaction between them.
3.9 The Company reserves the right to verify the availability of any Products or services offered for sale and to verify the information contained in any advertisement. You agree that the Company may access your records and systems and/or contact you for the purposes of verification or clarification. You agree to provide such additional information as the Company reasonably requires.
3.10 Unless otherwise specifically permitted by the Company, Sellers who are retailers may not advertise their own shop numbers within their advertisements on the Website. Failure to comply may result in your service being suspended or cancelled.
3.11 To submit a private advertisement, you must be a private advertiser, submit completed forms required for the advertisement and, if applicable, pay all fees for the placement of the advertisement.
3.12 A private advertisement will expire after sixty (60) days at which time the Seller or advertiser has the option to renew the advertisement at no cost. The renewal period is for sixty (60) days. The Seller is able to renew the advertisement as many times as the Seller sees fit until the Product advertised has been sold.
4.1 All prices in advertisements are to be in AUD.
4.2 Any payments of fees to the Company are to be in AUD.
5. Shipping and Delivery Policy
5.1 The Company is not responsible for, nor party to, any arrangements between the Buyer and Seller for the shipping and delivery of any Products and provision of any services.
5.2 The shipping and delivery of any Products and provision of services bought or sold through the Website is to be arranged by the Buyer and Seller by whatever means they see fit and at a cost as agreed between those parties.
When purchasing any advertising or listing space and paying online, your financial details are dealt with following the best security standards. The website has a SSL certificate that allows a secure connection between your personal computer and the Website. Furthermore, the server has an active server scanner against viruses and abuse attempts.
The Company accepts credit card payment using a third party merchant facility and PayPal, both options which are integrated into the Website.
If you have any questions regarding our security policy, please contact the Company.
7. Users Obligations
7.1 By placing an advertisement, the Seller warrants that they are legally entitled and able to sell the advertised Products or services.
7.2 All advertisers on the Website must comply with the Australian laws and regulations, including without limitation the fair trading laws and the Australian Consumer Law.
7.3 All Sellers advertising on the Website will be responsible for all aspects of the sale of Products or services to a Buyer. This includes but is not limited to customer service, charge backs, fulfillment, warranties, returns and Product defects etc.
7.4 Advertisers or Sellers on this site must not post / submit illegal content to this site and must not use offensive terms to describe their Product/s on this site. The Company reserves the right to immediately cancel and remove, without notice or refund, from the Website, any advertisement which is deemed by the Company to contain illegal content and or offensive terms.
7.5 Advertisers and Sellers shall not use the Website to promote any other site or products and services outside those which are provided on the Website.
7.6 It is the Seller’s obligation to notify the Company upon the sale of the Product subject of their advertisement.
7.7 Sellers must not use the Website or its functions for any activities, or to transmit information, which could defame, harass, threaten, menace or offend any person including information that could infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets) or is inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, illegal in Australia, defamatory or confidential, is false, misleading inaccurate or deceptive, is discriminatory in breach of State or Commonwealth anti-discrimination legislation, or which identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority.
7.8 Any users the Website must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from the Website.
8. Purchased Advertising
8.1 Fees listed on the Website do not include GST (unless otherwise indicated). The Company is not currently registered for GST.
8.2 Bike Shop account holders are charged a monthly subscription fee (unless otherwise agreed between the seller and the Company) for the use of the Website. Details of current subscription fees for new sellers can be found here.
8.3 Payments will be charged in monthly intervals (unless otherwise agreed) from the original purchase date. If the original purchase date does not occur in the following month, accounts will be charged on the next available date. E.g. an account opened on 31 May will be charged again on 30 June.
8.4 All Sellers are responsible for product fulfilment, returns, customer service, dispute resolution and all other matters relating to the offering for sale of Products and services via the Website.
8.5 Bike Chaser Pty Ltd will continue to charge subscription fees until the Company receives a notification to cancel the service. Cancellations of subscriptions must be made and accepted by the Company in writing via mail or email to the below addresses:
Bike Chaser Pty Ltd
Level 2, 14 Toorak Road
South Yarra VIC 3141
9. CopyrightAll content, graphics and programming codes on the Website are and will always remain the intellectual property of the Company and is protected by Australian and International copyright laws.
10. General Terms and Conditions
10.1 Users may only use the Website for the purposes of buying and selling, and advertising, Products and services for sale in accordance with these Terms and Conditions of Use. Users may not use the Website for any other unrelated purposes or for their own commercial purposes not otherwise permitted.
10.2 Users of the Website are not permitted to carry out data mining of any of the content on the Website in any way nor are they permitted to use the Website to send anything which could be considered as spam, or bulk electronic messaging.
10.3 Some information on the Website may be derived from external sources. The Company does not endorse or warrant the accuracy of the editorial or advertising data or accept any liability for inaccuracies or omissions of this information. Content on the Website and/or any mobile version of the Website do not imply an endorsement by the Company of such information.
10.4 Hyperlinks to other sites contained within Website domain (www.bikechaser.com.au) are not maintained or controlled by the Company. These third party hyperlinks are provided as a reference solely for the convenience of the Website users. As a result the Company makes no warranties about third party sites, nor does the Company accept responsibility for or endorse content or use of these sites. If you enter a third party site from the Website, you do so at your own risk.
10.5 The Company will endeavour to display your advertisements in a similar fashion as submitted by you. However the Company makes no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement.
10.6 The Company has full discretion to place third party advertisements on any page of the Website.
10.7 The users and the Company acknowledge that no contractor, agency, partnership, joint venture or employment relationship is created by these Terms and Conditions of Use or any transaction between you and the Company in connection with your use of the Website.
11.1 You agree to indemnify the Company, its officers, employees and agents from and against all claims, damages, obligations, liabilities, debts, costs and expenses (including legal fees on a full indemnity basis) arising from:
(a) your use of the Website and/or any mobile version of the Website;
(b) your violation of any third party right, including any copyright, property, or privacy right; or
(c) your breach of these Terms and Conditions of Use.
11.2 The indemnities referred to in this clause shall survive the termination of these Terms and Conditions of Use and your use of the Website and/or any mobile version of the Website.
12. No Warranty
12.1 You agree that your use of the Website and/or any mobile version of the Website is solely at your risk. To the fullest extent permitted by law, the Company, its officers, employees and agents disclaim all warranties whether express or implied in connection with the Website and/or any mobile version of the Website and your use of it.
12.2 All users of the Website acknowledge and agree that the Company shall not be responsible or liable for any loss or damage suffered by a person as a result of any acts or omissions or other conduct of any user of the Website, including in particular the failure of a Buyer or Seller to perform any agreement, promise or undertaking to each other.
12.3 The Company does not warrant or represent that the content on the Website and/or the mobile version of the Website or on any other website linked to the Website and/or any future mobile version of the Website is accurate or complete.
12.4 The Company does not warrant as to the fitness and appropriateness of any the Products or services advertised by third parties on the Website and any mobile version of the Website and you agree that the Company shall in no way be responsible for your dealings with third parties who so advertise.
13. Limitation of the Company’s Liability
To the fullest extent permitted by law, and in respect of the Website and any mobile version of the Website, in no way shall the Company, its officers, employees or agents be liable for any loss, damage, liabilities, costs or expenses suffered or incurred by any person resulting or arising from:
(a) any errors of content;
(b) any viruses, trojan horses or the like which is transmitted through the Website or any mobile version of the Website by a third party; or
(c) any unauthorized access of secure servers which results in access to personal, sensitive and/or financial information stored therein.
14.1 The Company may in its absolute discretion terminate your right to access the Website and any mobile version of the Website by taking any reasonable measure to prohibit your access.
14.2 The Company may terminate, limit or refuse to publish advertisements if the Company reasonably deems it necessary, not in the best interests of the Website or to be offensive or inappropriate for publication and the Company reserves the right to limit/cancel your access to the Website (and any affiliated websites) if the Company deems it necessary and justifiable.
The Company may vary these Terms and Conditions of Use at any time without notice. By continuing to use and visit the Website and/or any mobile versions of the Website you agree to be governed by these Terms and Conditions of Use as the case may be from time to time. It is your responsibility to check whether these Terms and Conditions of Use have been varied.
16. No Waiver
Any failure by the Company to enforce any right or obligation under these Terms and Conditions of Use shall not constitute a waiver of that right or obligation and the Company may at any time seek to enforce that right or obligation.
If any provision under these Terms and Conditions of Use is deemed to be invalid, then that provision shall be severed from these Terms and Conditions of Use and the other provisions of these Terms and Conditions of Use shall continue to have effect to the fullest extent permitted by law.
18. Governing Law and Jurisdiction
These Terms and Conditions of Use shall be governed by the laws of Victoria, Australia and you submit to the exclusive jurisdiction of the Courts of Victoria to hear disputes arising under or in connection with these Terms and Conditions of Use and the courts entitled to hear appeals from those courts.
19. Entry into Terms and Conditions
By using the Website and/or a mobile version of website, you acknowledge and agree that you have the capacity to enter into and be governed by these Terms and Conditions of Use.