Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.
These terms (as defined below) govern the use of the website located at www.ontwowheels.com.au and all related websites operated by On Two Wheels Motorsports Pty Ltd (ABN 41 066 098 897) - and its related bodies corporate (collectively, the Website).
Please read these Terms carefully. By using the Website, you agree to be bound by, and abide by, these Terms.
You must not use the Website if you do not agree with these Terms.
On Two Wheels reserves the right to change these Terms at any time in accordance with section 4. Please check www.ontwowheels.com.au at regular intervals for any changes. Your continued use of the Website following any changes to these Terms will constitute acceptance of the Terms as varied.
1. Terms
These terms consist of:
(a) these Website Terms & Conditions;
(b) the On Two Wheels Privacy Policy; and as varied from time to time in accordance with section 4.
2. Pricing
2.1 All prices on the website are displayed in Australian Dollars (AUD) and you will be charged in Australian Dollars (AUD).
2.2 Pricing is subject to change without prior notice.
3. Orders
3.1 All orders submitted through the Website are subject to acceptance by On Two Wheels.
3.2 Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. On Two Wheels reserves the right to:
(a) refuse an order for any reason; and/or
(b) correct inadvertent errors, omissions or inaccuracies on the Website in relation to price, product availability or product descriptions.
Acceptance of all orders is subject to On Two Wheels confirming availability and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order.
3.3 On Two Wheels only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send you an email confirming that the product(s) have been despatched to your nominated shipping address. On Two Wheels may cancel your order (including orders accepted by On Two Wheels) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.
3.4 If you have placed a Deliver to Store (Click & Collect) order you will only be able to collect your order after you have received an email from Australia Post stating that your order has been successfully delivered to your nominated store. When collecting a Deliver to Store (Click & Collect) order from the store, you are required to supply a copy of your On Two Wheels online order confirmation email with your unique order number and photo identification. If you have not collected your Deliver to Store (Click & Collect) order within 14 days of delivery to the store, On Two Wheels reserves the right to return your Deliver to Store (Click & Collect) order to our stock and process a full refund for any amount paid for the order.
4. Intellectual Property Rights
4.1 All copyright in data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property on the Website (Content) is owned by, or licensed, to On Two Wheels. Except for viewing the Content for your own personal non-commercial use or as otherwise agreed in writing, On Two Wheels does not grant you any rights to use the Website or Content for any other purpose.
4.2 All registered or unregistered trademarks used on the Website belong to their respective owners.
5. User Account
5.1 If you sign up for a user account on the Website, you:
(a) must keep your username and password confidential and secure; and
(b) accept all liability for any unauthorised use of any username or password issued to you (other than any unauthorised use resulting from any negligent act or omission legally attributable to On Two Wheels).
5.2 When signing up for a user account, you must provide accurate, complete and up-to-date information as requested during the sign-up process. It is your responsibility to inform On Two Wheels of any changes to that information. You may do this at any time by updating your details via your user account.
6. Use of the Website
6.1 You must not:
(a) access or attempt to access any part of the Website which is not designated for access by your password (where applicable);
(b) except as permitted under section 4.1, by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content;
(c) use the Website or any Content in any way that is unlawful or breaches the rights of On Two Wheels or any third party;
(d) post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
(e) do anything that imposes an unreasonable or disproportionate workload on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
(f) breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
(g) interfere with any other person's use or enjoyment of the Website;
(h) use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
(i) post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;
(j) post or transmit any materials to the Website which is incorrect or misleading; or
(k) use the Website in any way that otherwise breaches these terms.
6.2 On Two Wheels may refuse you access to the Website or edit or delete material posted by you in contravention of these conditions.
7. Third Party websites
7.1 The Website may contain links to other websites controlled by third parties (Third Party Websites). On Two Wheels is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk, and should make your own enquiries before relying on any content contained on such Third Party Websites.
7.2 On Two Wheels makes no representations about the quality or accuracy of content available on Third Party Websites, or that such content does not infringe the intellectual property rights or other rights of a third party.
8. Cookies
Cookies may be used on some areas of the Website. A cookie is a small file placed on a user's hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter that information on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse cookies. A user can refuse a cookie and still fully navigate our Website. In order to collect statistics, we may anonymously log information, and identify categories of users by data items such as domains and browser types.
9. Disclaimers and limitations
9.1 Whilst On Two Wheels updates the Website regularly, it makes no representation as to the accuracy, currency or completeness of any Content or services on the Website. All Content and services are provided on the basis that you undertake the responsibility for assessing their accuracy and that you rely on the Content and services entirely at your own risk. You should seek independent advice before acting on any material or information contained on the Website of any Third Party Website, and you must not provide any warranties to third parties in relation to the Content, the services or the performance of the Website.
9.2 To the extent that you acquire goods or services from On Two Wheels as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Terms to be void (Non-excludable Obligations)
9.3 Subject to section 9.2:
(a) all Content and services on the Website are provided on an 'as is' basis; and
(b) On Two Wheels:
(i) expressly excludes all conditions, warranties, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on On Two Wheels; and
(ii) does not warrant or guarantee in any way:
(A) the accuracy or completeness of any Content;
(B) that access to or operation of the Website will be uninterrupted or error free;
(C) that any defects on the Website will be corrected immediately; or
(D) that the Website will be free from viruses or other contamination.
(c) On Two Wheels will not be liable to you for loss of profit or business revenue, reputation, goodwill, business or business contracts, use, anticipated savings, loss or corruption or destruction of data, loss arising from the transmission of viruses, or any indirect or consequential liability, loss or damage suffered by you (including any liability incurred to a third party) in connection with:
(i) the Website;
including as a result of any negligence of On Two Wheels, and whether or not On Two Wheels was advised in advance of the possibility of such liability, loss or damage.
(d) On Two Wheels' total liability to you (including as a result of any negligence of On Two Wheels) in respect of any and all loss or damage suffered by you in connection with the Website is otherwise limited to $100.
10. Indemnity
You indemnify On Two Wheels against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that On Two Wheels may sustain or incur, directly or indirectly, as a result or as a consequence of:
(a) your breach of these Terms;
(b) any negligent or fraudulent act, error or omission by you;
(c) your reliance on the Content or services on this Website; or
(d) the reliance of any third party to whom you disclose or otherwise make available any part of the Content.
11. Suspension and termination
11.1 You may stop using the Website at any time for any reason.
11.2 On Two Wheels reserves the right, in its sole discretion, to suspend or terminate your access to the Website at any time without notice and for any (or no) reason, including, without limitation, due to:
(a) upgrades or maintenance performed on the Website; and
(b) your breach of these Terms.
Any such suspension or termination will not affect either party's rights or liabilities.
11.3 To the extent permitted by law:
(a) On Two Wheels may disclose any information we may have about you in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation; and
(b) On Two Wheels reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
12. Gift Card Terms & Conditions
All On Two Wheels gift Cards purchased have a 3 year expiry date from the date of issue and can be used in all our stores across Australia and not online as payment. Gift cards can be redeemed for merchandise only and not for cash, another gift card will be issued if total amount is not redeemed.
(a) Please note On Two Wheels gift cards are non-refundable, non-transferable and cannot be redeemed for cash. Gift Cards are treated as cash and cannot be replaced if lost or stolen.
13. Changes to these Terms
13.1 On Two Wheels may change these Terms from time to time. If On Two Wheels reasonably considers that the change is likely to:
(a) benefit you or have a neutral or minor detrimental impact on you, On Two Wheels may change these Terms by making such changes immediately without notifying you except by publishing these terms as amended on the Website; or
(b) have a significant detrimental impact on you, On Two Wheels will make such changes to these Terms no sooner than 10 days after On Two Wheels has notified you of those changes either by putting a notice on this website and/or by email to the email address stored on your user account.
If you do not accept a change made to these Terms, you must immediately cease using the Website and may close your user account by sending an email to hello@ontwowheels.com.au or via your user account.
14. General
14.1 If any provision of these Terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of these Terms, which will continue in full force and effect and these Terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.
14.2 Any failure by On Two Wheels to act or enforce these Terms immediately will not be considered a waiver of On Two Wheels' right to take any such action.
14.3 These Terms are governed by the laws of New South Wales, Australia. By using the Website, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia in relation to any dispute relating to the Website. You are responsible for your compliance with all laws and regulations applicable to your location.
Last updated: February 2021
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