Terms & Conditions
bikeExchange.com.au is also referred herein as the ‘Site’.
Bike Exchange Pty Ltd is also referred herein as the ‘Bike Exchange’.
bikeExchange.com.au is a website owned and operated by Bike Exchange Pty Ltd (ABN 35 957 254 570).
A ‘retailer’ is defined as a customer who chooses the retailer products within the site. A retailer must be based in Australia, have an ABN, commercial residence and operated out of a shop front.
To use this ‘Site’ you must first agree to the terms & conditions as set out below. If you do not agree to the terms & conditions as set out below, please leave the ‘Site’ now.
‘Bike Exchange’ reserves all rights to alter the terms and conditions as set out below, at its discretion. Each time you use this ‘Site’, it is your total responsibility to be aware of our current terms and conditions.
Advertisers, Sellers and Buyers
This ‘Site’ is an online advertising medium / marketplace where potential buyers contact sellers directly and negotiate the sale privately.
This ‘Site’ is an online advertising medium / marketplace for Bicycles and Bicycle accessories. Bike Exchange will reject advertisements not relevant to Bicycles and Bicycle accessories and reserves the right to cancel such adverts, without notice and without refunds.
‘Bike Exchange’ will in no way be involved in any transactions between buyer and seller. Buying or selling a product via this site is the total responsibility of the user, buyer or seller.
Advertisers or Sellers on this site must not post / submit illegal content to this site and must not use derogative terms to describe their product/s on this site.
Any advertiser or seller who submits such content may be reported to the proper authorities. Bike Exchange reserves the right to immediately cancel and remove, without notice or refund, from its site, any advertisement which is deemed by Bike Exchange to contain illegal content and or derogative terms.
Advertisers and Sellers shall not use this ‘Site’ to promote any other site or products outside the services provided on this site.
Sellers must be legally able to sell advertised products.
All advertising content must be cycling related and fall with the bikeExchange.com.au search criteria.
To submit a private advertisement, you must be a private advertiser, submit completed appropriate BikeExchange forms and pay in full all relevant fees, if applicable.
A Private advertisement will expire after 60 days at which time the customer has the option to renew the advertisement at a cost of 50% of the original fee. The renewal period is for 60 days.
Any fees paid to bikeExchange to place an advertisement on the ‘Site’ do not grant you exclusive rights to any web page on the ‘Site’.
All advertisements placed on this ‘Site’ must be prepaid, unless stated otherwise or prearranged with an authorised representative of Bike Exchange.
All fees listed on the bikeExchange.com.au are inclusive of GST.
It is your responsibility as the seller to notify us upon the sale of the item in your advertisement.
When submitting information to the ‘Site’, you hereby assign all copyright of that information to Bike Exchange. If submitting information to the ‘Site’ which is not yours in copyright, it is your responsibility to gain permission from the original owner of that information.
Your bikeExchange advertisement may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.
We reserve the right to verify the availability of items offered for sale, and to verify the information contained in any advertisement. You agree that we 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 we reasonably require.
Retailer Payment Terms and Conditions
Products are subscription based and the minimum term of the contract is outlined in the product that is selected by the customer. - Minimum 12 month subscription is a minimum 12 month term - Minimum 6 month subscription is a minimum 6 month term - The Monthly product is billed on a monthly basis. No fixed term.
Payments will be charged to customer accounts monthly based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March and so on. If the original payment date does not fall in the proceeding month customer accounts will be charged on the next available date.
Once the minimum term has passed bikeExchange Pty Ltd will continue to charge the customers account until bikeExchange Pty Ltd is notified in writing to cancel the service.
By agreeing to the terms and conditions you have authorised us to arrange for funds that may from time to time become due to us under your account, to be debited from your nominated account in amounts and intervals as advised by us to your financial institution.
We will give you at least 14 days notice in writing of any changes to the terms and conditions of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes to the terms.
Unless agreed with you otherwise your account details will be kept confidential except that information may be provided by your financial institution to initiate the drawing or charging to your nominated account, or in connection with a claim of alleged incorrect or wrongful withdrawal/charging.
All retailers are required to use the default phone number being 1300 335 333 within their advertisments. Under no circumstances are retailers to advertise their own shop numbers within their advertisements on bikeExchange.com.au. Failure to comply may result in your service being suspended or cancelled.
Retailer advertisiments must be “classified in nature”. Blanket advertisements such as “25% off all clothing” is considered to be generic advertising are not allowed within the classified section of bikeExchange.com.au. Failure to comply may result in your service being suspended or cancelled.
Cancellations
Cancellations of subscriptions must be made and accepted by bikeExchange Pty Ltd in writing before the 15th day of the month to the below address:
PO BOX – 350 Abbotsford VIC, 3067
Fax – (03) 9416 5259
email – sam@bikeExchange.com.au
Cancellation of minimum 6 month or 12 month subscriptions will incur a penalty of one month. Service to your bikeExchange.com.au will still be maintained during this time period.
Cancellations received after the 15th will be processed in the month proceeding.
Copyright
All content, graphics and programming codes on this ‘Site’ are and will always remain the intellectual property of Bike Exchange and is protected by Australian and International copyright laws.
Authenticity
Bike Exchange makes no warranties of the authenticity of its advertisers or users on this ‘Site’.
General Terms and Conditions
Bike Exchange will not permit data mining of any of the content on this site in anyway. Bike Exchange will not permit the use of this ‘Site’ to send anything which could be considered as spam, or bulk electronic messaging.
Some information on this ‘Site’ may be derived from external sources. Bike Exchange 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 ‘Site’, does not imply a Bike Exchange endorsement of such information.
Information contained in the ‘Community’ section of this ‘Site’ does not constitute recommendations or advice relating to the suitability of a riding/training/racing technique, product or service, in the light of an individual’s particular circumstances. Bike Exchange advocates you seek independent advice, medical or otherwise before acting upon material on this ‘Site’.
The content of bikeExchange.com.au is for general information purposes only and is not to be taken as directives or instructions from bikeExchange.com.au. Cycling is a potentially dangerous recreational activity. Participation is done entirely at the risk of the rider. Bike Exchange accepts no liability or responsibility for injury, loss, damage or death however caused.
Hyperlinks to other sites contained within bikeExchange.com.au are not maintained or controlled by Bike Exchange. These third party hyperlinks are provided as a reference solely for the convenience of the ‘Site’ users. As a result Bike Exchange makes no warranties about third party sites, nor do we accept responsibility for or endorse content or use of these sites. If you enter a third party ‘Site’ from bikeExchange.com.au, you do so at your own risk.
You must not use any bikeExchange.com.au facilities available on the ‘Site’ for any activities or transmit to including 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.
You must not knowingly transmit any virus, worm, Trojan Horse or any other disabling features to or from bikeExchange.com.au.
We may withdraw or alter the material you send us if we deem it to be inappropriate or incorrect.
If Bike Exchange does not act in relation to a breach of any of the terms & conditions herein, this is not to be interpreted as a wavier of these terms & conditions and Bike Exchange rights to it.
Any phone numbers you provide for advertisement must be yours or you must have permission to use them.
We endeavour to display your advertisements in a similar fashion as submitted by you. However we make no guarantees regarding placement or content of advertisements displayed on the same page as your advertisement.
Bike Exchange can place third party advertisements on any web page of the ‘Site’.
Bike Exchange reserve absolute editorial control including; - BikeExchange may terminate, limit or refuse to publish advertisements if we reasonably deem it necessary, not in the best interests of the ‘Site’ or to be offensive or inappropriate for publication; and - We reserve the right to limit/cancel your access to the bikeExchange.com.au site if we deem it necessary.
Privacy
In order for you to register as a seller Bike Exchange needs to collect some personal information, this information may be used for certain follow up services provided by bikeExchange.com.au. Other than personal information which you send to us for inclusion on the bikeExchange.com.au, we do not disclose your information to third parties.
BikeExchange reserves the right to monitor email enquiries.
Disclaimer
All reasonable care will be taken whilst compiling bikeExchange.com.au content, including advertising content. However we do not warrant or represent that it is complete, current or free from typographical error, other errors, or omissions. Information, software, products, and services may include inaccuracies. Bike Exchange endeavours to provide continual availability of our services and access to our ‘Site’. However access to the ‘Site’ may not always be possible due to numerous factors including those which are out of our control. Bike Exchange does not warrant or represent that our services and access to our ‘Site’ will be timely, continuous, fault free, uninterrupted, secure or virus free.
BikeExchange accept advertisements in good faith. All such information, software, products and services are provided "as is" without warranty of any kind. We do not warrant or represent that the services, software or products, advertised on the bikeExchange ‘Site’ will be suitable for any purpose, or that an advertiser has any particular skills, knowledge, qualifications or is legally entitled to carry on a particular business. As a buyer it is your responsibility to verify any information on the bikeExchange.com.au site, you must investigate for yourself the condition, quality and suitability of any goods or services advertised on the ‘Site’.
BikeExchange hereby disclaim all warranties and conditions with regard to any information, software, products, and services, including but not limiting to;
- Warranties and conditions of merchantability.
- Fitness for a particular purpose.
- Title and non-infringement.
Under no circumstance will Bike Exchange or its suppliers be liable for any, incidental, direct, indirect, special, consequential or punitive damages arising out of or in any way connected with use of the ‘Site’ or inability to use the ‘Site’ or for any products, information, services and software obtained through the ‘Site’, or otherwise arising out of the use of the ‘Site’, even if Bike Exchange has been advised of the possibility of damages.
In accepting these terms you agree to indemnify Bike Exchange and our suppliers, contractors, employees and agents against all claims, costs, demands, damages and liabilities related to use or inability to use the ‘Site’.
Bike Exchange and you are independent. No contractor, agency, partnership, joint venture or employment relationship is created by these terms.
These terms and dealings with Bike Exchange are subject to the laws of Victoria, Australia.
Commercial advertisers on the ‘Site’ are subject to laws and regulations as set out by the Australian Bureau of Fair Trading, and any other Australian laws pertaining to the Australian Retail Act.