Terms & Conditions

Introduction

Welcome to the Cycle Closet website. These terms and conditions govern use of this website and by using this website, you are agreeing in full to the terms and conditions contained in this document. If you disagree with any part, or all, of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Cycle Closet’s use of cookies in accordance with the terms of Cycle Closet’s privacy policy.

Variation

Cycle Closet may occasionally revise these terms and conditions. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. It is your responsibility to check regularly before using this website to ensure you are familiar with the current version.

License to use website

Unless otherwise stated, Cycle Closet and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website [except for content specifically and expressly made available for redistribution];
  • Where content is specifically made available for redistribution, it may only be redistributed as per the instructions from Cycle Closet.

Unacceptable Use of this Website

Don’t use this website in any way that:

  • impairs accessibility to the website;
  • causes, or may cause, damage to the website;
  • in any way is unlawful, illegal, fraudulent or harmful;
  • is in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • involves copying, storing, hosting, transmitting, sending, using, publishing or distributing any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You are not to:

  • conduct any systematic or automated data collection activities (including, but not limited to, scraping, data mining, data extraction and data harvesting) on or in relation to this website;
  • use this website to transmit or send unsolicited commercial communications;
  • use this website for any purposes related to marketing without Cycle Closet express written consent.

No Warranties

This website is provided “as is”. Cycle Closet makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Cycle Closet does not warrant that:

  • This website will be constantly available, or available at all;
  • The information on this website is complete, true, accurate or non-misleading;
  • Nothing on this website constitutes, or is meant to constitute, [legal, financial or medical] advice of any kind. (If you require such advice you should consult an appropriate professional).

Limitations of Liability

Cycle Closet works towards getting all orders despatched as quickly as possible. We have no liability to you for any post-despatch delay in the delivery of goods ordered. Customers of Cycle Closet have the right to cancel unusually delayed orders and receive a full refund at any time prior to their order being despatched (ie. prior to being sent the email advising that your order has been posted).

Cycle Closet will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherswise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Cycle Closet liability in respect of any:

  • death or personal injury caused by Cycle Closet negligence;
  • fraud or fraudulent misrepresentation on the part of Cycle Closet; or
  • matter which it would be illegal or unlawful for Cycle Closet to exclude or limit, or to attempt or imply to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, Cycle Closet has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cycle Closet officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Cycle Closet officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cycle Closet.

Entire Agreement

These current terms and conditions, together with our current Privacy Policy statements constitute the entire agreement between you and Cycle Closet in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Terms of Use

In using this website you are deemed to have read and agreed to our Terms & Conditions.

Applicable Law

These terms and conditions will be governed by and construed in accordance with the laws of South Australia and subject to the non-exclusive jurisdiction of the courts of South Australia.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Cycle Closet and undertake to keep Cycle Closet indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cycle Closet to a third party in settlement of a claim or incurred or suffered by Cycle Closet arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Cycle Closet rights under these terms and conditions, if you breach these terms and conditions in any way, Cycle Closet may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Assignment

Cycle Closet may transfer, sub-contract or otherwise deal with Cycle Closet rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.