Terms of Use

 

We (the friendly team at Bike Roar) run a online cycling resources and marketing website called BikeRoar and would love for you to use it to research your cycling purchases or to market your local bike shop!

Power Sports Parts (trading as Bike Roar) ABN 31 091 324 980 (“Bike Roar”) welcomes you. BikeRoar is the operator of the website, www.bikeroar.com (“Site”).

By accessing, joining or using the Site, you agree to be bound by and accept without limitation or qualification the following Terms of Use, including our Privacy Policy which can be viewed at http://www.bikeroar.com/privacy-policy

This Site is provided to assist users in gaining cycling related information, positing reviews on cycling products and cycling related issues, and price comparison for bicycle and bicycle related products.

 

I. TERMS OF USE

Eligibility And Acceptance Of Terms 

You must be 13 years old and able to form a legally binding contract to be eligible to use BikeRoar services. BikeRoar reserves the right to cancel, suspend, or temporarily deactivate unconfirmed or inactive Accounts or accounts that violate any of these Terms of Use. BikeRoar reserves the right to refuse service to anyone, for any reason, at any time. These Terms of Use ("Terms") apply to all users of the Site. By using BikeRoar ("we" "us" or "our") services and the BikeRoar website (including any content posted on the Site), you ("you") signify your acceptance of these Terms and the BikeRoar Privacy Policy, which is incorporated by reference into these Terms and made a part hereof. If you do not agree to the Terms of Service, you must discontinue using the Site. References to "content" herein refer to all aspects of the Site, including but not limited to all products, software, and services offered via the Site, as well as all text, images, photos, video, audio, source code, articles, design, and all other forms of data or communication created, posted, displayed, or transmitted by or onto the Site. By using this Site, you agree to comply with all of the Terms hereof. The right to use this Site is personal to you and is not transferable to any other person or entity.

You agree that:

  • You will provide a valid email address and select a secure and confidential password upon registration with the Site;
  • In your use of our services, you will maintain and contribute decent and appropriate conduct and content at all times;
  • You will take all appropriate measures to keep your password secure and confidential and to keep your account information updated and accurate;  
  • You will notify us immediately of any unauthorized use of your account; and
  • Bike Roar will not be held liable for any loss or damage incurred as a result of use of the service.
  • You understand that BikeRoar is not the seller of the goods and services advertised on the Site. BikeRoar is a service provider which offers search and comparison functions for third party merchants ("Merchants"). BikeRoar offers links to merchants to assist with the purchase of goods or services from the Merchant. The Merchant, not Bike Roar, is the seller and provider of the goods and services. BikeRoar is not the agent of any Merchant and takes no responsibility for the services or products for which may be purchased from third party merchants.
  • Bike Roar makes no warranty as to the quality, safety, usability, or other aspect of the product or service for which BikeRoar users purchase. Some products for which BikeRoar provide links to may involve activities that involve potential bodily harm. BikeRoar is not liable for any costs, harm or damages that occur as a result of, either directly or indirectly, these, or any other service or activity offered.
  • You are responsible for your own actions in utilising the services for which BikeRoar provides information on. You acknowledge that sometimes there may be interruptions in service or events that are beyond the control of Bike Roar, and BikeRoar shall not be responsible for any data lost while transmitting information on the Internet. While it is Bike Roar's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including without limitation for routine maintenance.
  • Bike Roar shall have the right at any time to change or discontinue any aspect or feature of Bike Roar, including, but not limited to, content, hours of availability and equipment needed for access or use.  

 

Modification of Terms

Bike Roar may, in its sole discretion, modify or revise these Terms of Service, including without limitation the BikeRoar Privacy Policy, at any time by posting the amended terms on this Site at: http://www.bikeroar.com/terms-of-use


If you are a BikeRoar member or subscriber, BikeRoar additionally will notify you via the email address provided upon registration, so you must ensure that Bike Roar's email is not filtered from your Inbox by your ISP or email software.


You agree that your use of the BikeRoar Site, after the date on which the Terms of Service changed, will constitute your acceptance of the updated Terms of Service, and that you agree to be bound by such modifications or revisions.


Equipment

You shall be responsible for obtaining and maintaining all Internet access, telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. BikeRoar shall not be liable for any damages to the End User's equipment resulting from the use of this Site.

Use of the Site

Subject to the restrictions in these Terms, BikeRoar hereby grants you permission to use the Site and access its services solely for your individual and personal use and as intended through the normal functionality of the Site and its service.

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of BikeRoar or any of our users. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER BikeRoar PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.

We reserve all rights not expressly granted, in and to the Site, its content and Service. Use of the Site and its services is void where prohibited.

Restrictions on Use

Bike Roar reserves the right to modify, suspend, or discontinue access to its services for any reason, including but not limited to a violation of any of the restrictions below.

In your use of the BikeRoar Site and service you agree that you will not:

  • Use the Site or its service for any phishing, spoofing, illegal or fraudulent activity or to violate laws in your jurisdiction;
  • Exploit the Site or its service to access unauthorized information;
  • Use the Site for any commercial or promotional activities or sales efforts without prior written consent from us.


Forbidden Uses

The following uses of the Service (and Website) are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

  • Furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card number;
  • Copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content of the Site, in whole or in part, without our prior consent;
  • Use the Site or its service to attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organisation, or to engage in any other threatening behaviour;
  • Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libellous, fraudulent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, for example, any materials containing slurs, hate speech or which attack an individual or group on the basis of race, colour, religion, national origin, or sexual preferences;
  • Transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam (sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not;
  • Knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Use the Site to solicit information from minors or to harm or threaten to harm minors;
  • Engage in or contribute to any wrongdoing that may create any liability for Bike Roar;
  • Use the Site in a manner that, or post to the Site any material that infringes or violates any third party rights including breach of confidence, copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt or attempt to disrupt the Site or servers or networks connected to the Site, or cause excessive traffic demands on the Site's technology infrastructure, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or our services;
  • Engage in the unauthorised use, copying, or distribution of any of the Site's content;
  • Enter into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
  • Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
  • Reverse engineer any portion of the Site, except as may be permitted by law;
  • Engage in unauthorised use, or forging, of mail header information;
  • Process, collect or record user information or Site content, or otherwise access the Site without the Company's permission, using automated means, such as but not limited to robots, spiders, scrapers, or site search/retrieval applications;
  • Attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
  • Contribute content that contains restricted access mechanisms, hidden content of any kinds, or utilise SQL injection or cross site scripting methods;
  • Use the Site or any content to transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature;
  • Upload any virus or malicious code.


Your Content

By submitting content to the Site, you grant to BikeRoar and its successors in business a perpetual, worldwide, irrevocable, royalty-free, and non-exclusive license to use, reproduce, distribute, sub-license, modify, edit, publish, translate, display, perform, adapt, create derivative works from and market and promote the content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use the content without your prior approval or the payment of any compensation. You also grant each user of Site a non-exclusive license to access your content as permitted through the functionality of the Site and under these Terms.

Bike Roar will not use or disclose your personally identifiable information, except in accord with our Privacy Policy. By posting content to the Service, you also hereby represent and warrant that you have the right to post that content and to grant the foregoing rights to BikeRoar (and its affiliates and sub-licensees). You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute all content, including obtaining permission from any person shown in a photo that you upload or that is identified in any writing that you post.

Privacy

WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THE SITE.

You acknowledge that any content you post on the Site is a public and not private communication. Others may read and view your communications without your knowledge. We do not control or endorse the content, messages or information posted by third party users.
We will not be liable for the privacy of any of your or any other third party postings to the Site and specifically disclaim any liability resulting from such postings and communications, including any objectionable content. During the use of Bike Roar, we may allow you to invite friends to join you on the site either as a simple invitation or as part of sending them a free gift.

To make it easy to find friends, we let you submit their email addresses manually or through bulk import. By submitting email addresses via either method, you grant BikeRoar the right to send email invites to those provided recipients on your behalf. Please also see our complete Privacy Policy, incorporated into these Terms of Service by reference.

Copyright and Trademarks

Everything located on or in this Site is the exclusive property of Power Sports Parts Pty Ltd (trading as Bike Roar) or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF POWER SPORTS PARTS (TRADING AS BIKE ROAR) IS STRICTLY PROHIBITED.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sounds.

The BikeRoar Site is protected by copyright under the United States and international copyright laws. BikeRoar owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content created by Bike Roar. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.

You may download, print, or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material without the express permission of BikeRoar and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Bike Roar, the BikeRoar logo, and other names, logos, icons and marks identifying BikeRoar products and services are trademarks of Power Sports Parts Pty Ltd. All rights in respect of this trademark are hereby expressly reserved. You may not use any BikeRoar mark without prior written permission from Power Sports Parts Pty Ltd. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.

Disclaimer of Warranty/Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER BIKE ROAR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BikeRoar IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE END USER. THE MERCHANTS OFFERING PRODUCTS AND SERVICES THROUGH THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BIKE ROAR. BIKE ROAR, ITS AFFILIATES AND EMPLOYEES ARE NOT AGENTS OF THE MERCHANTS OFFERING SERVICES AND GOODS VIA BikeRoar AND ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH MERCHANTS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BikeRoar HAS NO LIABILITY AND WILL NOT BE OBLIGED TO MAKE A REFUND IN THE EVENT OF ANY MERCHANT CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND BIKE ROAR'S DIRECT CONTROL. IN NO EVENT SHALL BIKE ROAR, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER BIKE ROAR, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Monitoring

BikeRoar shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may be included as part of the Site, to determine compliance with these Terms and any operating rules established by Bike Roar, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, BikeRoar shall have the right to remove any material that Bike Roar, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnity

You understand that you are personally responsible for your behaviour while on the Site, the content you post, and your use of the services we provide. You agree to indemnify and hold Bike Roar, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of the BikeRoar services or access to the Site; any fraud or manipulation by you; your violation of any of these Terms; your violation of any applicable law or the rights of any third party, including without limitation any copyright, property, or privacy right; or any claim that one of your submissions or any of your content caused damage to a third party.

This defence and indemnification obligation will survive these terms and your use of the Site.

Termination and Survival

Bike Roar may terminate this agreement at any time. Without limiting the foregoing, BikeRoar shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Bike Roar, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms.

Links and Third Party Content

This Site may contain content that is submitted by third party members. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we make any endorsement claims for the Site's third party content. You use the Site and the content at your own risk.

The Site, or third party users and members, may provide links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials contained in or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party site or resource. BikeRoar reserves the right to disable any link or remove any third party content at any time in its sole discretion.

Miscellaneous

a. Entire Agreement

These Terms and any operating rules for BikeRoar established by BikeRoar constitute the entire agreement of the parties with respect to the subject matter hereof.

b. Severability and Waiver

If any part of these Terms is held invalid or unenforceable, then that part will be modified or construed to reflect the parties' original intention. All remaining provisions will remain enforceable and in full force and effect. A waiver by either party of any term or condition, or a failure to act on any breach thereof, in any one instance, will not waive such term or condition or the right to act on any subsequent breach thereof, or of any other provision.

c. No Agency

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind BikeRoar in any respect whatsoever.

d. No Assignment

These Terms, and any rights granted hereunder, are not assignable, transferable or sub-licensable by you except with our prior written consent. Any assignment attempted to be made in violation of these Terms shall be void.

e. No Third Party Beneficiaries

Nothing in these Terms shall be deemed to confer any third party rights or benefits.

f. Headings

The section headings used herein are for convenience only and shall be of no legal force or effect.

g. Choice of Law and Forum

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Queensland, without regard to any choice of law provisions. Any claim or dispute between you and BikeRoar that arises in whole or in part from the Site or its service shall be decided exclusively by a court of competent jurisdiction located in Queensland, Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to this.

 You hereby waive any objection you may now or in the future have to the venue of any proceedings, and any claim you may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within this clause.

h. Contact and Violations

Violation of any of these Terms may result in removal of your postings and termination of your account. Questions about the Terms of Service may be emailed to: support@bikeroar.com

If you believe that any postings on the Site violate these Terms, please let us know by sending an email to: support@bikeroar.com

 

II. TERMS OF PURCHASE

Any purchases made with the assistance of a search on BikeRoar may be made through an affiliate tracking program and the purchase will be managed on a merchant's web platform or in-store at a local Bike Shop. BikeRoar is not responsible in any way for the purchase/s. Any purchase made through our affiliates of Local Bike Shop advertisers are covered by the merchant's own terms and conditions.

 

III. YOUR OBLIGATIONS

a. Merchant Terms, Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.

b. Accurate Information,You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.


c. Content on the Website and Service and Vouchers,It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.

 

IV. REFUNDS AND EXCHANGES

As per section II, all purchases are governed by the selling merchants terms and conditions. Including their procedure. BikeRoar is not responsible for any third party purchase an will not provide a refund or exchange on any purchase. For any issues where a refund / exchange may be suitable please contact the selling merchant.

 

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