Welcome to cyclelifehq.com (“the Service”) a peer-to-peer marketplace provided by CycleLifeHQ Pty Ltd (ACN 612 304 364) trading as CycleLifeHQ. (“CycleLifeHQ," "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in our services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users”). By using the Service, you agree to and accept all of the terms and conditions of this Agreement, as modified from time to time. CycleLifeHQ reserves the right to amend, update or revise this Agreement at any time. Continued use of the Service constitutes an acceptance of all modifications.
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that CycleLifeHQ is not a party to any agreements entered into between buyers and sellers, nor is CycleLifeHQ an employer, agent or insurer.
CycleLifeHQ has no control over the conduct of sellers or other users of the service and disclaims all liability in this regard. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Users must be an organization or human over the age of 18 years of age and any registration, use or access to the Service by anyone under 18 is strictly prohibited. Accounts registered by “bots” or other automated methods are not permitted. CycleLifeHQ reserves the right to limit or restrict access by any person, in our sole discretion.
Users must provide an account contact including legal full name, a valid email address and any other information requested in order to complete this Agreement and provision access.
Users are responsible for maintaining the security of User Accounts and associated passwords. CycleLifeHQ will not be liable for any loss or damage from your failure to comply with this security obligation.
Users are responsible for all Content and activity that occurs under this Agreement (even when Content is posted by others who have accounts on this Service).
Users may not use this Service for any illegal or unauthorized purpose. The User must not, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws).
We may, from time to time, link to external websites. These links do not represent our endorsement of external content. We are not responsible for any external content. If you have any concerns about content on external sites, please get in touch with the owner or administrator of those sites. Please be careful when visiting external sites.
CycleLifeHQ is provided as a Service to Users. You understand that CycleLifeHQ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, and as such CycleLifeHQ takes no responsibility for Service availability.
The information contained in this site is generated by the Users of the Service and provided for general information purposes only. The information is hosted by CycleLifeHQ and while we endeavour to monitor and keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
CycleLifeHQ will update the Services from time to time to rectify defects and improve the Service. While we will provide advanced notice of updates where possible, the timing of the installation of updates will be at the sole discretion of CycleLifeHQ.
Our goal is to provide a fault free service although we cannot guarantee this. We will endeavour to conduct all scheduled maintenance during times of minimal usage. However, we may be required to suspend supply of our Services during normal working hours in order to carry out security patches or emergency repairs on our systems.
If we need to perform scheduled maintenance and it is feasible to do so, we will endeavour to notify you prior to any scheduled maintenance being required.
All support provided to User with respect to use of the Service is provided on a best endeavours basis only. You can you the Contact Us form to submit any questions or issues that you would like us to resolve. We will attempt to respond to these requests as quickly as possible.
SERVICE CHARGES AND PAYMENT
Payment for Services is required as each transaction is completed. Service charges are made up of a percentage fee (10% of the transaction) and a flat fee ($0.30) whichever is greater. Service Charges may increase or decrease at any time. All Service Charges are in AUD and inclusive of relevant taxes.
Your use of the Service is at your own risk. The service and any products are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No advice or information, whether oral or written, obtained by you from CycleLifeHQ or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, CycleLifeHQ, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or products will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
You agree to defend, indemnify and hold harmless CycleLifeHQ and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:(i) your use of and access to the Service or Products;
(ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties;
(iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
(iv) your violation of any law, rule or regulation of the Australia or any other country;
(v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
(vi) the Service being unavailable;
(vii) for loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, whether indirect or consequential, in contract, tort (including negligence), under any statute or otherwise arising from or related in any way from this Agreement or use of this Service; OR
(viii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CycleLifeHQ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
COPYRIGHT AND CONTENT OWNERSHIP
You own all your data and nothing in this agreement intends for you to transfer your ownership of your data to us. You grant us a world wide, non-exclusive, royalty free licence to use, modify and distribute any text, graphics, files, mapping files, images or multi-media uploaded onto the Service.
The contents of this Service, uploaded by Users is owned by those Users and likely to be protected under their own laws. Unauthorized use of Users content may violate copyright, trademark and other laws. You have no rights to use another users content without prior written consent from that user.
Content within this Service produced by CycleLifeHQ, including the text, graphics, files, mapping files, images or multi-media is protected under Australian and foreign laws. Unauthorized use of CycleLifeHQ content may violate copyright, trademark and other laws. You have no rights to use this content except as permitted by this agreement without prior written consent from us.
The CycleLifeHQ logo used on this site is the trademark of CycleLifeHQ Pty Ltd. Nothing on this site should be construed as granting, by implication, or otherwise, any license or right to use these marks without our prior written permission specific for each such use. All goodwill generated from the use of our mark must be for the benefit of CycleLifeHQ.
THIRD PARTY TRADEMARKS
All third-party, partner and supplier company names and logos reproduced on this website which are not the property of, or licensed to, Cyclelifehq are used for identification purposes only and remain the property of, and may be trademarks and copyright to, their respective owners.
If you choose to use the service and/or participate in a rental, you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from CycleLifeHQ or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, CycleLifeHQ, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any rental will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
LIMITATION OF LIABILITY
CycleLifeHQ total liability for loss or damage of any kind, however caused, in contract, tort (including negligence), under any statue or otherwise arising from or relating in any way to this agreement or its subject matter, is limited in aggregate for any and all claims to the average Service Charge amount.
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
Should any provision of this agreement be found to be invalid or contrary to law, then it may be severed from this agreement and the balance of this agreement shall remain in force and effective between the parties.
These terms and conditions supersede all prior written and oral understandings between the parties on the subject matter of this agreement and constitute the entire agreement between them relating to the Services covered by this agreement. There are no understandings or representations, express or implied, not expressly set out herein.
This Agreement shall be construed in accordance with and governed by the laws applicable in the Australian Capital Territory, Australia.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CycleLifeHQ's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.