CycleLifeHQ Terms of Use
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.
TERMS OF USE
Users must be an organization or human and any registration. 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.
SERVICE DISCLAIMER
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.
SERVICE UPDATES
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.
SERVICE SUPPORT
All support provided to User with respect to use of the
Service is provided on a best endeavours basis only. You can use 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
Subscription plans determine features and functionality available to users. This plans may change from time to time in both composition and cost. You can upgrade or downgrade your subscription plan at anytime. Any unused portion of your previous subscription will be refunded.
Subscription plans are automatically renewed on an annual basis. You will receive email notification prior to your subscription being automatically renewed. If the credit card authorised with Stripe no longer works we will downgrade your subscription to a free plan and notify you of the change.
Where your have used a discount coupon to subscribe to our Services, the coupon can only be applied once to the initial subscription fee. All renewals are charged at the full price. Some coupons may have discount periods for more than 1 year, if this is the case the discount will be applied each subsequent year until the coupon discount is exhausted.
Payment for Services offered by Sellers 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.
NO WARRANTY
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.
INDEMNITY
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.
ASSIGNMENT
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 in whatever manner CycleLifeHQ sees fit.
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.
PRIVACY
By using the Service, you consent to CycleLifeHQ having
access to collecting data and using data for the purposes specified in
the Privacy Policy.
NO WARRANTY
If you choose to use the service and/or participate in one or more of the services offered by Sellers,
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.
TERMINATION
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.
Please be advised that CycleLifeHQ reserves the right to close a business listing if we believe it is no longer valid, if it does not meet our quality standards, or for another reason as determined by, and at the discretion of, site administrators.
SEVERABILITY
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.
ENTIRE AGREEMENT
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.
APPLICABLE LAW
This Agreement shall be construed
in accordance with and governed by the laws applicable in the Australian
Capital Territory, Australia.
NO WAIVER
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.
ACTIVITY UNDERTAKEN THROUGH USE OF THIS SITE
CycleLifeHQ makes no claims or promises about the quality, accuracy or reliability of ride or other services, their safety or security. Accordingly, neither the company, nor any partner destinations, are liable for any loss or damage that might arise, for example, from your reliance on the quality, accuracy or reliability of the information, business listings, advertisers or products sold on our service.
You agree that the company, and its partner destinations/organisations, shall not be liable to you or to any other person for any actual, special, consequential or any other damage that results from your use of, or your inability to use, the service or its contents, including without limitation and errors, mistakes or inaccuracies of content; personal injury or property damage of any nature whatsoever, resulting from your access to and use of the service; unauthorised access to or use of our secure servers and/or any and all personal information stored thereon; interruption or cessation of transmission to or from the service; bugs, viruses, trojan horses or the like; and/or errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the service, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages.
You expressly agree that your activities (including but not limited to cycling and sightseeing) carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknowable risks associated with these activities even if caused in whole or in part by the action, inaction or negligence of the company or by the action, in action or negligence of others.
You expressly agree to release CycleLifeHQ, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors from any and all liability in connection with your activities and/or use of the CycleLifeHQ websites, mobile applications, content, services or products, and agree not to sue the above parties for any claims, losses, actions, injuries or damages associated with such use.
You agree to indemnify and hold CycleLifeHQ and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your activities which generate the Content you post or seek to post on the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.
AMBASSADORS
CycleLifeHQ reserves the right to remove Ambassadors from the program if the stated minimum commitments aren’t met, and there seems limited indication for future potential to meet the stated commitments in a reasonable timeframe.
CycleLifeHQ also reserves the right to remove Ambassadors from the program at its discretion, and on the basis of reasonable evidence which suggests that the person is not appropriate to represent CycleLifeHQs vision and mission.