TERMS AND CONDITIONS

WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website

(a) Welcome to https://motoridenow.com.au/ (the 'Website'). The Website provides

you with an opportunity to browse and purchase various products that have been

listed for sale through the Website (the 'Products'). The Website provides this

service by way of granting you access to the content on the Website (the

'Purchase Services').

(b) The Website is operated by MOTO RIDENOW PTY LTD (ABN 15 646 041 205).

Access to and use of the Website, or any of its associated Products or Services, is

provided by MOTO RIDENOW PTY LTD. Please read these terms and conditions

(the 'Terms') carefully. By using, browsing and/or reading the Website, this

signifies that you have read, understood and agree to be bound by the Terms. If

you do not agree with the Terms, you must cease usage of the Website, or any of

Services, immediately.

(c) MOTO RIDENOW PTY LTD reserves the right to review and change any of the

Terms by updating this page at its sole discretion. When MOTO RIDENOW PTY

LTD updates the Terms, it will use reasonable endeavours to provide you with

notice of updates to the Terms. Any changes to the Terms take immediate effect

from the date of their publication. Before you continue, we recommend you keep a

copy of the Terms for your records.

  1. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by MOTO RIDENOW PTY LTD in the user interface.

  1. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the

Website. As part of the registration process, or as part of your continued use of the

Purchase Services, you may be required to provide personal information about

yourself (such as identification or contact details), including:

(i) Email address

(ii) Preferred username

(iii) Mailing address

(iv) Telephone number

(b) You warrant that any information you give to MOTO RIDENOW PTY LTD in the

course of completing the registration process will always be accurate, correct and

up to date.

(c) Once you have completed the registration process, you will be a registered

member of the Website ('Member') and agree to be bound by the Terms. As a

Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with MOTO RIDENOW

PTY LTD; or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

  1. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase

Services only for purposes that are permitted by:

(i) the Terms.

(ii) any applicable law, regulation or generally accepted practices or guidelines

in the relevant jurisdictions.

(iii) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other person

may result in the immediate cancellation of the Purchase Services.

(iv) any use of your registration information by any other person, or third

parties are strictly prohibited. You agree to immediately notify MOTO

RIDENOW PTY LTD of any unauthorised use of your password or email

address or any breach of security of which you have become aware.

(v) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of MOTO RIDENOW

PTY LTD providing the Purchase Services.

(vi) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or

unauthorised framing of or linking to the Website.

(vii) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by MOTO RIDENOW PTY LTD for any illegal or unauthorised use

of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

  1. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you

will agree to the payment of the purchase price listed on the Website for the

Product (the 'Purchase Price').

(b) Payment of the Purchase Price may be made through Square (the 'Payment

Gateway Provider'). In using the Purchase Services, you warrant that you have

familiarised yourself with, and agree to be bound by, the applicable Terms and

Conditions of Use, Privacy Policy and other relevant legal documentation provided

by the Payment Gateway Providers.

*For more information about Square please visit https://squareup.com/au/en.

(c) Following payment of the Purchase Price being confirmed by MOTO RIDENOW

PTY LTD, you will be issued with a receipt to confirm that the payment has been

received and MOTO RIDENOW PTY LTD may record your purchase details for

future use.

(d) MOTO RIDENOW PTY LTD may, at their sole discretion, provide a refund on the

return of the Products within 14 days where the Product packaging is unopened

and remains in a saleable condition. You acknowledge and agree that you are

liable for any postage and shipping costs associated with any refund pursuant to

this clause.

  1. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of MOTO

RIDENOW PTY LTD are subject to copyright. The material on the Website is

protected by copyright under the laws of Australia and through international

treaties. Unless otherwise indicated, all rights (including copyright) in the site

content and compilation of the website (including text, graphics, logos, button

icons, video images, audio clips and software) (the 'Content') are owned or

controlled for these purposes, and are reserved by MOTO RIDENOW PTY LTD or

its contributors.

(b) MOTO RIDENOW PTY LTD retains all rights, title and interest in and to the

Website and all related content. Nothing you do on or in relation to the Website will

transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of MOTO RIDENOW PTY

LTD; or

(b) the right to use or exploit a business name, trading name, domain name,

trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or

copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of MOTO RIDENOW PTY LTD

and the permission of any other relevant rights owners: broadcast, republish, upload

to a third party, transmit, post, distribute, show or play in public, adapt or

change in any way the Content or third-party content for any purpose. This

prohibition does not extend to materials on the Website, which are freely available

for re-use or are in the public domain.

  1. Privacy

(a) MOTO RIDENOW PTY LTD takes your privacy seriously and any information

provided through your use of the Website and/or the Purchase Services are

subject to MOTO RIDENOW PTY LTD's Privacy Policy, which is available on the

Website.

  1. General Disclaimer

(a) You acknowledge that MOTO RIDENOW PTY LTD does not make any terms,

guarantees, warranties, representations or conditions whatsoever regarding the

Products other than provided for pursuant to these Terms.

(b) MOTO RIDENOW PTY LTD will make every effort to ensure a Product is

accurately depicted on the Website, however, you acknowledge that sizes, colours

and packaging may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the Australian

Consumer Law (or any liability under them) which by law may not be limited or

excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(ii) MOTO RIDENOW PTY LTD will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer

Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Purchase Services or these Terms (including as

a result of not being able to use the Purchase Services or the late supply of

the Purchase Services), whether at common law, under contract, tort

(including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of MOTO

RIDENOW PTY LTD, is at your own risk. Everything on the Website, the Purchase

Services, and the Products of MOTO RIDENOW PTY LTD, are provided to you on

an "as is" and "as available" basis, without warranty or condition of any kind. None

of the affiliates, directors, officers, employees, agents, contributors, third party

content providers or licensors of MOTO RIDENOW PTY LTD make any express or

implied representation or warranty about its Content or any products or Purchase

Services (including the products or Purchase Services of MOTO RIDENOW PTY

LTD) referred to on the Website. This includes (but is not restricted to) loss or

damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure

to correct defects, delay in operation or transmission, computer virus or

other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access

to records;

(ii) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services

or any of the Products;

(iv) the Content or operation in respect to links which are provided for the

User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

  1. Limitation of Liability

(a) MOTO RIDENOW PTY LTD's total liability arising out of or in connection with the

Purchase Services or these Terms, however arising, including under contract, tort

(including negligence), in equity, under statute or otherwise, will not exceed the

most recent Purchase Price paid by you under these Terms or where you have not

paid the Purchase Price, then the total liability of MOTO RIDENOW PTY LTD is the

resupply of information or Purchase Services to you.

(b) You expressly understand and agree that MOTO RIDENOW PTY LTD, its affiliates,

employees, agents, contributors, third party content providers and licensors shall

not be liable to you for any direct, indirect, incidental, special consequential or

exemplary damages which may be incurred by you, however caused and under

any theory of liability. This shall include, but is not limited to, any loss of profit

(whether incurred directly or indirectly), any loss of goodwill or business reputation

and any other intangible loss.

(c) MOTO RIDENOW PTY LTD is not responsible or liable in any manner for any site

content (including the Content and Third-Party Content) posted on the Website or

in connection with the Purchase Services, whether posted or caused by users of

the website of MOTO RIDENOW PTY LTD, by third parties or by any of the

Purchase Services offered by MOTO RIDENOW PTY LTD.

  1. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by MOTO

RIDENOW PTY LTD as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying MOTO RIDENOW PTY LTD at any time; and

(ii) closing your accounts for all of the Purchase Services which you use,

where MOTO RIDENOW PTY LTD has made this option available to you.

(c) Your notice should be sent, in writing, to MOTO RIDENOW PTY LTD via the

'Contact Us' link on our homepage.

(d) MOTO RIDENOW PTY LTD may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any

provision;

(ii) MOTO RIDENOW PTY LTD is required to do so by law;

(iii) the partner with whom MOTO RIDENOW PTY LTD offered the Purchase

Services to you has terminated its relationship with MOTO RIDENOW PTY

LTD or ceased to offer the Purchase Services to you;

(iv) MOTO RIDENOW PTY LTD is transitioning to no longer providing the

Purchase Services to Users in the country in which you are resident or from

which you use the service; or

(v) the provision of the Purchase Services to you by MOTO RIDENOW PTY

LTD is, in the opinion of MOTO RIDENOW PTY LTD, no longer

commercially viable.

(e) Subject to local applicable laws, MOTO RIDENOW PTY LTD reserves the right to

discontinue or cancel your membership to the Website at any time and may

suspend or deny, in its sole discretion, your access to all or any portion of the

Website or the Purchase Services without notice if you breach any provision of the

Terms or any applicable law or if your conduct impacts MOTO RIDENOW PTY

LTD's name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities

that you and MOTO RIDENOW PTY LTD have benefited from, been subject to (or

which have accrued over time whilst the Terms have been in force) or which are

expressed to continue indefinitely, shall be unaffected by this cessation, and the

provisions of this clause shall continue to apply to such rights, obligations and

liabilities indefinitely.

  1. Indemnity

(a) You agree to indemnify MOTO RIDENOW PTY LTD, its affiliates, employees,

agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered or

arising out of or in connection with any Content you post through the

Website;

(ii) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

(iii) any breach of the Terms.

  1. Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence

any Tribunal or Court proceedings in relation to the dispute, unless the following

clauses have been complied with (except where urgent interlocutory relief is

sought).

(b) Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,

must give written notice to the other party detailing the nature of the dispute, the

desired outcome and the action required to settle the Dispute.

(c) Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may

mutually agree;

(ii) If for any reason whatsoever, 14 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the mediation bodies in Australia or his or her

nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting the

foregoing undertakes to pay any amounts requested by the mediator as a

pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(iv) The mediation will be held in Melbourne, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and

in connection with this dispute resolution clause are confidential and to the extent

possible, must be treated as "without prejudice" negotiations for the purpose of

applicable laws of evidence.

(e) Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the

Dispute has not been resolved, either Party may ask the mediator to terminate the

mediation and the mediator must do so.

  1. Venue and Jurisdiction

(a) The Purchase Services offered by MOTO RIDENOW PTY LTD is intended to be

viewed by residents of Australia. In the event of any dispute arising out of or in

relation to the Website, you agree that the exclusive venue for resolving any

dispute shall be in the courts of Victoria, Australia.

  1. Governing Law

(a) The Terms are governed by the laws of Victoria, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way

relating to the Terms and the rights created hereby shall be governed, interpreted

and construed by, under and pursuant to the laws of Victoria Australia, without

reference to conflict of law principles, notwithstanding mandatory rules. The

Approved by

validity of this governing law clause is not contested. The Terms shall be binding to

the benefit of the parties hereto and their successors and assigns.

  1. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds of

inequality or bargaining power or general grounds of restraint of trade.

  1. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed, and the rest of the Terms shall

remain in force.

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