Website Terms & Conditions
MyBike.com.au
1. Introduction
MyBike.com.au is an online advertising marketplace for bicycles and bicycle accessories where prospective buyers are put in direct contact with sellers and retailers in order to negotiate the sale of goods privately and amongst themselves.
The owner and operator of www.mybike.com.au is Richard Branov trading as www.mybike.com.au ABN 99 727 598 241 and, in these terms, is referred to as "us", "we", "our", "My BIke" and "MyBike.com.au".
Use of this website is subject to these Terms and Conditions ("Terms") which are set out below.
It is important that you understand these Terms which relate to your use of www.MyBike.com.au ("the website"). If you register an account or use the Website, we will take that to mean that you agree to these Terms and that they are binding on you. If you don't agree, that's fine - but if that is the case please terminate your account immediately and refrain from using the Website. We may change these Terms from time to time. You should come back to this page regularly to check the Terms. If you keep using the Website after we've changed the Terms, then we will take that to mean that you agree to be bound by the new Terms.
2. Definitions
"Advertiser" means a person who chooses to promote goods or services relating to bicycling on the Website.
"Buyer" means a person who chooses to negotiate the purchase of a product which is advertised for sale on the Website.
"Non-Retailer" a seller that is not a retailer.
"Retailer" is a commercial customer who is based in Australia, has an Australian Business Number (ABN), and operates a retail business.
"Seller" means a person who chooses to sell a product or products on the Website.
3. Account registration
In order to be a seller or buyer, you have to register an account by providing us with the information requested on the registration page. We will be relying on you to provide accurate, current and complete information, and to keep it up to date. We respect your personal information and we will only use it according to applicable privacy laws and our Privacy Policy.
The items on the Website are only available for sale to individuals who can make legally binding contracts. The items are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.
4. Cancellation or termination of account
You can cancel your account at any time by notifying www.mybike.com.au in writing via a link that is available at the bottom of your account page. Alternatively, you can email your request to cancel via the "Contact Us" page on the Website.
We reserve the right to do any or all of the following in relation to your account:
a. Suspend your account;
b. Terminate your account at any time, for any reason; or
c. Permanently or temporarily block your access to all or part of the Website.
In particular, we reserve the right to terminate your account if you provide inaccurate information or if you breach these Terms. We will send you an email to let you know if we terminate your account.
5. Advertising
Bearing in mind this Website is for bicycles and bicycle accessories, all advertisements must be related to these goods and fall within the search function categories on the Website.
For an advertiser (other than a retailer) to place an advertisement, they must be a registered account holder, submit a completed appropriate My Bike online advertising form and pay in full the relevant advertising fees.
Any paid advertisement on the Website does not grant you any exclusive rights to any page on the Website.
It is your responsibility to notify us within 5 days of the sale of the item.
Your Website advertisement can include text descriptions, graphics, pictures and other content that is relevant to the sale of that item.
We reserve the right to verify the availability of items offered for sale by you, and to verify the information contained in any advertisement. We may access your records and contact you for the purposes of verification or clarification. You agree to provide any additional information that we may require.
6. Non-Retailer Payment Terms and Conditions
All advertisements placed on the Website must be prepaid online, unless stated otherwise or prearranged with MyBike.com.au.
Advertisements are posted on the Website for a period of 60 days.
All fees listed on the Website are inclusive of GST.
Non-Retailer fees are as follows:
$ 2.50 (incl. GST) Items priced up to $50
$ 4.95 (incl. GST) Items priced between $50.01 and $99.99
$ 9.95 (incl. GST) Items priced between $100.00 and $499.99
$ 14.95 (incl. GST) Items priced between $500.00 and $999.99
$ 19.95 (incl. GST) Items priced between $1,000.00 and $1,999.99
$ 24.95 (incl. GST) Items priced $2,000.00 and over
7. Retailer Payment Terms and Conditions
Retailer fees are $220AUD per month (including GST) ("monthly fee") with a minimum term plan of 6 months ("Contract"). Being a minimum fee of $1,320AUD.
Upon expiry of the Contract, retailers will be charged the monthly fee until retailers decide to terminate our services.
Retailers can place an unlimited number of advertisements on the Website.
All retailer advertisements remain posted on the Website for 60 days. These advertisements can be renewed if retailers are up to date with payment of their monthly fees.
Should the Retailer Terms and Conditions change, we will give you notice by way of email.
Your account and credit card will be kept confidential except when that information is required when drawing or charging the fees from your nominated account or credit card.
Retailers cannot advertise their direct telephone numbers on the Website. They may only be contacted by buyers by way of internal private messaging within the Website. Your service may be suspended or cancelled if you do not comply with this.
Blanket advertising such as "50% off everything" is not permitted within the classified section of the Website. Your service may be suspended or cancelled if you do not comply with this.
8. Cancellation and Cancellation Fees
Cancellations of the Contract must be made to www.mybike.com.au in writing via email at contact@mybike.com.au
Cancellation fees are applicable should you require to cancel your Contract with us.
The cancellation fee is determined by calculating the monthly period that is left on the term of the Contract and multiplying it by the monthly fee. For example should you have four months remaining on your Contract with MyBike.com.au and you cancel your Contract, you will be required to pay us a cancellation fee of $880.00.
9. Use of the Website
Your registered account is for your personal use only. You are responsible for keeping your password private and confidential. If anyone logs in to your account using your username and password, you will be responsible for all activities conducted on your account.
Users of the Website must not submit illegal, offensive and inappropriate material to the Website. MyBike.com.au reserves the right to cancel and remove any material from the Website immediately which we deem to be illegal, offensive or inappropriate material without notice or refund.
Users shall not use the Website to promote any other website.
We will not be involved in any negotiation between buyer and seller. It is the responsibility of the buyer and seller to agree to the terms of sale of any product made available through the Website.
We make no endorsements, representations or warranties about any product which is made available for sale through the Website.
We make no endorsements, representations or warranties about any seller, buyer or advertiser on the Website.
While we use all reasonable endeavours to make sure that the Website is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access may be suspended temporarily without notice in the event of a system failure, maintenance or any reason beyond our control.
We reserve the right, at any time, to discontinue or alter any service or feature of the Website in whole or in part. As an account holder you are responsible for the equipment and internet access service you use to access the Website.
10. Copyright and Intellectual Property
MyBike.com.au is the copyright owner of the Website's content. All the Website's content, graphics and programming codes are the intellectual property of MyBike.com.au.
When submitting information to the Website, you assign all copyright of that information to us. If any information is submitted to the Website which is not yours in copyright to assign, it is your responsibility to gain permission from the original owner of that information before submitting that information to us.
We are either the copyright owner or the authorized user of this Website. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders' rights.
Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Website;
2. perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on this Website without our specific prior written consent;
3. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Website which can be accessed through this Website; or
4. use or apply, for commercial purposes any material or information on this Website, without our prior written consent.
11. Links to other websites
The Website will sometimes contain links to websites not maintained, controlled or associated with us.
We make no endorsements, representations or warranties about any other website ("Other Website") which you may access through this Website. Any link to an Other Website is provided as a convenience to users of this Website. When you access an Other Website, that Other Website is independent from this Website therefore we have no control over the content on that Other Website. We are not responsible for the accuracy of any information on any Other Website.
You must indemnify and keep us indemnified, in respect of all loss and expense suffered by us as a result of any use or exploitation by you of any Other Website.
12. Third party advertising
From time to time, the Website may display third party advertising. By displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser or its items. If you want or need any further information on any third parties, you should contact the relevant third party directly.
Any third-party advertisement which we consider not to be relevant to bicycling, bicycles and/or bicycle accessories will be rejected, and we reserve the right to cancel such advertisement without notice and without refund.
13. Exclusion of liability
To the maximum extent permitted by law, MyBike.com.au excludes itself and its suppliers of software incorporated in the Website, of all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by you directly or indirectly (including without limitation lost costs, profits and data) arising out of your use or misuse of the Website or materials (including all media releases) or other item or service provided by us to you.
You agree that we are not responsible, and will not be held liable, for any third party content on the Website or any third party content, items or services available on other websites accessed through links from the Website. Links to third-party sites are for your convenience only, and their inclusion on the Website does not imply any endorsement, guarantee, warranty or representation by MyBike.com.au.
14. Limitation of liability
You agree that we are not responsible for, and accept no liability in relation to your use of the Website and you acknowledge that you use the website at your own risk. Except as provided by law, the Website is provided 'as is' and without any warranty or representation, express or implied. We do not warrant that the content included on the Website is accurate, suitable for your purposes or without errors, omissions or viruses. Due to factors beyond our control, we cannot guarantee continuous, uninterrupted or secure access to the Website.
You agree to indemnify us, our suppliers, contractors, employees and agents for any loss, damage, cost or expense that we or any other third party may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of these Terms.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms, might apply in relation to your use of the Website. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any item or service you purchased from the Website.
15. Privacy Policy
MyBike.com.au is committed to protecting your privacy and security. MyBike.com.au will use and disclose your personal information for the primary purpose of our business and to facilitate your sale and/or purchase pursuant to any applicable privacy laws and the MyBike.com.au Privacy Policy.
16. Governing Law and Choice of Forum
The laws of Victoria, Australia, apply to these Terms. You agree that the Victorian courts will have jurisdiction over any dispute concerning these Terms. If any part of these Terms is invalid or unenforceable, it will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
17. Refund policy
Please list your advertisement carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. As listing fees are calculated based on the price of your item for sale, please be careful not to list your item for more than you wish to sell it for. Refunds will not be provided should you reduce the price of your item at a later date. If you have accidently entered a price for your item that is less than what you wanted to sell it for, please contact our office at help@mybike.com.au and we can arrange for your ad to be updated and the relevant additional listing fee to be charged to your credit card. If, for some reason, our service has been interrupted, MyBike.com.au may, at our discretion, allow for your advertisement to remain live for an additional period of time. This additional period of time will be determined by MyBike.com.au on a case by case basis.
