BICYCLETTE ONLINE

TERMS OF USE

These terms and conditions apply to the use of this Site, Bicyclette Online (“BICYCLETTE”), and the Online Cycling, Nutrition and Wellbeing content accessible via this Site and the App (“the Program”). The Site, Program and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including additional guidelines and terms contained in the Program and Online Content) governing the use of the Services.
During your BICYCLETTE membership, subject to these Terms, BICYCLETTE grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered. BICYCLETTE reserves all rights not expressly granted herein in the Services. BICYCLETTE may terminate this license at any time for any reason or no reason.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;
“App” means that part of the Online Content delivered and made available via a mobile (eg smart phone) device, as contrasted to a laptop or personal computer device, and downloaded through a Participating App Store;
“Consumer” is as defined by the ACL;
“Contract” means any contract for the provision of Online Cycling, Nutrition & Wellbeing Program by BICYCLETTE to you;
“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;
“Online Content” means the online content provided by BICYCLETTE to You, including but not limited to the consumer Cycling, Nutrition & Wellbeing content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by BICYCLETTE via the Site;
“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;
“Member Information” has the same meaning as in clause 5 of these Site Terms;
“Online Cycling, Nutrition & Wellbeing Program” means the online courses on a variety of topics relevant to BICYCLETTE  including the Online Content purchased via the Site;
“BICYCLETTE ” means Bicyclette, a business of Kobai Group Pty Limited;
“Services” means the services provided by BICYCLETTE which allows you to access the Online Content, Site, and Program;
“Site” means the website bicyclette.com.au;
”Site Terms” means these terms and conditions;
“Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services.
“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Cycling, Nutrition & Wellbeing Program from BICYCLETTE.

APPLICATION OF TERMS OF USE

  1. The Services are owned and operated by BICYCLETTE.
  2. Through this Site:
    • 2.1 you can register as a member;
    • 2.2 purchase access to the Online Cycling, Nutrition & Wellbeing Program; and
    • 2.3 access the Online Content, subject to being eligible.
  3. BICYCLETTE may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and the App and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.
  4. BICYCLETTE reserves the right to vary or modify the information contained on this Site or the App, to change or discontinue any feature or part of this Site or the App, to change the hours of availability and the equipment required to obtain access to this Site or the App, without notice and without liability.


MEMBERSHIP AND MEMBER INFORMATION
5. You may be prompted to register for access to the Services on this Site and to submit certain information in order to fully utilise the Online Cycling, Nutrition & Wellbeing Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
6. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
7. You will be able to access and modify your membership details in the Site.
8. Membership is non-transferable.
9. BICYCLETTE may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ’Account’ page at anytime.
10. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
11. You must indemnify BICYCLETTE for any losses, costs, expenses or damages that BICYCLETTE may suffer or incur if any if the Member Information provided by you is not correct.
12. BICYCLETTE will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from BICYCLETTE isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from BICYCLETTE at any time.

PAYMENT TERMS
13. Membership is purchased on a once-off basis and for a limited timeframe, unless a special promotion says otherwise.
14. You authorise BICYCLETTE to collect/deduct payment immediately upon signup.
15. Some Programs begin immedately after payment is received by the Payment . Other Programs are for a set commensement date and access will not be granted until the set date has been reached. 
16. BICYCLETTE does not provide refunds for partial memberships or where a member does not get to complete a full use of the program due to cancellation of their membership during their subscription. Instead, the Program will stay available to the Member until the paying period is concluded.

PRIVACY
​17. BICYCLETTE may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to BICYCLETTE’s Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for BICYCLETTE to deal with your personal information.

SECURITY OF INFORMATION

18. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
19. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.
20. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

LINKS TO OTHER SITES
21. You may be able, through hypertext or other computer links, to gain access to other sites operated either by BICYCLETTE, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under BICYCLETTE’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, BICYCLETTE is not responsible for the content of any Linked Sites, or any changes or updates to such sites. BICYCLETTE provides these links for your convenience only. You link to any such Linked Sites at your own risk. BICYCLETTE is not a party to any transaction between you and a Linked Site. Unless specified, BICYCLETTE does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE)
22. BICYCLETTE does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by BICYCLETTE in good faith on an “as is” basis without warranty of any kind.
23. BICYCLETTE does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
24. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
25. BICYCLETTE makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
26. BICYCLETTE recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

LIMITATION OF LIABILITY (USE OF THE SITE)
27. BICYCLETTE will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will BICYCLETTE be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of equipment, BICYCLETTE will not be liable for those costs.
28. Where liability cannot be excluded, any liability incurred by BICYCLETTE is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

THIRD PARTY MATERIAL

29. Certain Information may include material from third parties.
30. You agree that BICYCLETTE is not responsible for examining or evaluating the content or accuracy of the third party material and BICYCLETTE does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
31. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that BICYCLETTE is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)
32. ©BICYCLETTE 2022. All rights reserved.
33. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of BICYCLETTE or third party suppliers as the case may be.
34. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without BICYCLETTE’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.
35. All trade marks and trade names which appear on this Site are proprietary to BICYCLETTE and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMLAINTS
36. BICYCLETTE takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by BICYCLETTE or individuals, groups or companies interacting with the Services, you can notify us at [email protected]

SPAM
37. The publication of BICYCLETTE’s email addresses on this Site is to facilitate communications relating to the Online Cycling, Nutrition & Wellbeing Program and Services supplied by BICYCLETTE. It must not be inferred as consent by BICYCLETTE to receive unsolicited commercial electronic messages.

MEMBER SUBMISSIONS / USER GENERATED CONTENT

38. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Cycling, Nutrition & Wellbeing Program (Member Submissions). You irrevocably grant to BICYCLETTE a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of BICYCLETTE all moral rights in any jurisdiction.
39. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify BICYCLETTE for any losses, costs, expenses or damages that BICYCLETTE may suffer or incur as a result.
40. BICYCLETTE reserves the right, but not the obligation, to review, edit or delete any Member Submissions that BICYCLETTE deems to be illegal, offensive or otherwise inappropriate.

BASIS OF CONTRACT AND ORDERING ONLINE CYCLING, NUTRITION & WELLBEING PROGRAM

41. From time to time, BICYCLETTE will offer Online Cycling, Nutrition Wellbeing Programs for sale.
42. These Site Terms apply exclusively to every Contract.
43. Any quotation, displayed price, order list or order confirmation provided by BICYCLETTE to you for the proposed supply of Online Cycling, Nutrition & Wellbeing Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with BICYCLETTE on these Site Terms.
44. A Contract is formed when BICYCLETTE confirms acceptance of your order and receipt of your payment.
45. You must not purchase the Online Cycling, Nutrition & Wellbeing Program for the purpose of re-supply.
46. BICYCLETTE in its absolute discretion may refuse to accept any order from you.

PRICING AND PAYMENT FOR ONLINE CYCLING, NUTRITION & WELLBEING PROGRAM
47. You agree to pay for Online Cycling, Nutrition & Wellbeing Program in the manner specified in these Terms and on the Site.
48. Prices displayed for the supply of Online Cycling, Nutrition & Wellbeing Program include GST, and any other taxes or duties imposed on or in relation to the Online Cycling, Nutrition & Wellbeing Program.
49. Payment for the Online Cycling, Nutrition & Wellbeing Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Cycling, Nutrition & Wellbeing Program until payment is received.
50. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Cycling, Nutrition & Wellbeing Program.

DELIVERY OF ONLINE CYCLING, NUTRITION & WELLBEING PROGRAM

51. BICYCLETTE will make the Online Exercise & Nutrition Program available for access from the Site.
52. Any period or date for the access of the Online Cycling, Nutrition & Wellbeing Program stated by BICYCLETTE is an estimate only and not a contractual commitment.
53. BICYCLETTE will use its reasonable endeavours to meet any estimated dates for access to the Online Cycling, Nutrition & Wellbeing Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
54. You must advise BICYCLETTE in writing within 72 hours after been advised that the Online Cycling, Nutrition & Wellbeing Program is available for access from the Site:

    • 54.1 of the inability of the Online Cycling, Nutrition & Wellbeing Program to be accessed;
    • 54.2 if there is damage to the Online Cycling, Nutrition & Wellbeing Program; or
    • 54.3 that the wrong Online Cycling, Nutrition & Wellbeing Program has been received.

55. Supporting program communications (e.g. emails and push notifications) will vary between individual members depending on your Program stream, activity levels and communication preferences.

CANCELLATIONS AND REFUNDS
56. If BICYCLETTE is unable to deliver or provide the Online Cycling, Nutrition & Wellbeing Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, BICYCLETTE will refund to you the purchase price.
57. No purported cancellation or suspension of an order or any part of it by you is binding on BICYCLETTE once the order has been accepted and payment confirmed.
58. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
59. BICYCLETTE will not otherwise provide any refunds so choose carefully. *We do not provide refunds should you change your mind after purchase.*

TERMINATION OF ACCESS

60. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 22 through 26 inclusive will nevertheless survive any such termination.

USE OF 
ONLINE CYCLING, NUTRITION & WELLBEING PROGRAM
61. You acknowledge and agree that all Online Cycling, Nutrition & Wellbeing Program is protected by copyright or other intellectual property rights and laws and remain the property of BICYCLETTE or third party suppliers as the case may be.
62. Other than as required to use the Online Cycling, Nutrition & Wellbeing Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Cycling, Nutrition & Wellbeing Program;

(b) modify or make any alterations, additions or amendments to any part of the Online Cycling, Nutrition & Wellbeing Program;

(c) create derivative works from, any content, information, software, Online Cycling, Nutrition & Wellbeing Program;

(d) convert the Online Cycling, Nutrition & Wellbeing Program into an electronic format other than the one in which it was supplied;

(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Cycling, Nutrition & Wellbeing Program or reproduce all or any portion of the said components;

(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

63. Regardless of whether the Online Cycling, Nutrition & Wellbeing Program includes security technology that limits your use of the Online Cycling, Nutrition & Wellbeing Program, you must comply with these provisions or you may infringe copyright.

DISCLAIMER (USE OF ONLINE CYCLING, NUTRITION & WELLBEING PROGRAM)
Personal Injury Disclaimer
64. BICYCLETTE does not warrant or represent that the Online Cycling, Nutrition & Wellbeing Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
65. Online Cycling, Nutrition & Wellbeing Program may include material from third party authors or suppliers.
66. You agree that BICYCLETTE is not responsible for examining or evaluating the content or accuracy of the third party material and BICYCLETTE does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
67. BICYCLETTE, its authors or its suppliers may make changes to Online Cycling, Nutrition & Wellbeing Program at any time in their sole discretion without notice or liability.
68. BICYCLETTE reserves the right to suspend, remove, or disable access to Online Cycling, Nutrition & Wellbeing Program at any time without notice or liability.

LIABILITY (
ONLINE CYCLING, NUTRITION & WELLBEING PROGRAM AND SERVICE)
69. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Cycling, Nutrition & Wellbeing Program or Services, the agreement between you and BICYCLETTE does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Cycling, Nutrition & Wellbeing Program or the Services or any contractual remedy for their failure.
70. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against BICYCLETTE for failure of a statutory guarantee under the ACL.
71. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
72. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by BICYCLETTE in relation to the Online Cycling, Nutrition & Wellbeing Program or the Services or their use or application.

POSTAGE

73. Where postage is part of the membership inclusions, Australia Post will be the delivery agent and liability will not be taken by BICYCLETTE for lost post, mis-delivered parcels, or incorrect provision of addresses.

74. If a participant has chosen the incorrect sizing where garments are offered as part of the Program, the costs of return/exchange is on the onus of the participant. We strongly recommend double checking the sizing provided upon entry before registration.