WEBSITE DISCLAIMER

Last Updated: 06 December 2024

1. Introduction

1.1 Welcome to Main Bike Co. ("Main Bikes", "MBC", "us", "we", or "our"). These Terms of Use (“Website Disclaimer” or “Disclaimer”) outline the terms and conditions governing your use of our website www.mainbikeco.com.au ("the Website"). 

1.2 By using our Website, you confirm you have read, understood and agreed to this Disclaimer, our Privacy Policy, and Terms and Conditions of Service.

1.3 If you do not agree with any part of this Disclaimer, please do not use our Website.

2. Copyright Notice

2.1. Ownership: Unless otherwise stated, all intellectual property rights are reserved.

2.2. Use of Content: You may view, download, and print pages from the Website for your personal use, subject to the restrictions set out below and elsewhere in this disclaimer.

2.3. Restrictions: You must not:

2.3.1 Republish content from the Website without permission.
2.3.2 Sell, rent, or sub-license material from the Website.
2.3.3 Reproduce, duplicate, or copy material from the Website.

3. Informational Purposes Only

3.1 The content on this Website is provided for general informational purposes only. 

3.2 It is not intended as professional advice and should not be relied upon as such.

4. Permissions to Use the Website

4.1. General Permissions: We grant you permission to use the Website for your personal and non-commercial purposes.

5. User Responsibility

5.1 You acknowledge and agree that any reliance on the information and materials provided on the Website is at your own risk. 

5.2 We shall not be liable for any loss or damage arising out of your use of, or reliance upon, the Website or the content herein.

6. Misuse of the Website

6.1 Prohibited Activities: You agree not to use the Website for any purpose that is unlawful or prohibited by these terms. This includes, but is not limited to:
6.1.1 Engaging in any activity that causes, or may cause, damage to the Website or impair the accessibility, availability or performance of the Website.
6.1.2 Using the Website in any way that is illegal, fraudulent, or harmful.
6.1.3 Attempting to gain unauthorised access to any part of the Website, including sensitive information, accounts, or systems connected to the Website.
6.1.4 Uploading or transmitting any form of malware, viruses, or malicious code that may interfere with the functionality of the Website or compromise the security of users.
6.1.5 Engaging in any form of data mining, harvesting, or extracting information from the Website without our explicit consent.

6.2. User Contributions: You are responsible for any content you contribute to the Website, including text, images, or other materials. You agree not to submit content that is defamatory, abusive, obscene, offensive, or otherwise objectionable.

6.3. Security Measures: Any violation or attempted violation of the security of the Website may result in legal and/or civil consequences. We reserve the right to investigate and take appropriate legal action against anyone engaging in activities that violate these terms.

6.4. Suspension or Termination: We may, at our sole discretion, suspend or terminate your access to the Website without notice if we believe that you have violated these terms or engaged in any activities that may harm the Website or its users.

7. External Links

7.1 Our Website may contain links to external websites that are not operated by us. 

7.2 Please be aware that we have no control over the content and practices of these sites and cannot assume responsibility for their content, privacy policies, or practices. 

7.3 The inclusion of any such link does not imply endorsement by us. 

7.4 We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

7.5 We make every effort to ensure that the external links on our website lead to reputable and secure sources. However, we cannot guarantee the integrity of external sites and disclaim all liability for any loss or damage that may arise from your use of them. 

7.6 Users should exercise caution and consider the risks before accessing external websites linked from our site.

8. Limited Warranties

8.1. The information and materials provided on the Website are provided "as is" and "as available" without any representations or warranties, express or implied. 

8.2 Main Bike Co. makes no representations or warranties of any kind, including but not limited to the accuracy, completeness, suitability, or availability of the information, products, services, or related graphics contained on the Website.

8.3 To the maximum extent permitted by applicable law, we limit all representations and warranties pertaining to the subject matter of this disclaimer, our Website and the use of our Website.

9. Limitations and Exclusions of Liability

9.1 Disclaimer of Liability: To the fullest extent permitted by applicable law, we disclaim all liability for any loss, damage, injury, or expense, whether direct, indirect, incidental, consequential, or special, arising out of or in connection with your use of or reliance upon the Website, its content, or any linked websites. This includes, but is not limited to, liability for any errors, inaccuracies, or omissions.

9.2 No Professional Advice: As aforementioned, the content on the Website is not intended as professional advice and should not be relied upon as such. Main Bike Co. is not liable for any decisions made based on the information provided on the Website.

9.3 Limitation of Liability: In no event shall Main Bike Co., its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of the Website.

9.4 Exclusions of Liability: This Website Disclaimer will:
9.4.1 Not limit or exclude liability for death or personal injury resulting from negligence.
9.4.2 Not limit or exclude liability for fraud or fraudulent misrepresentation.
9.4.3 Refrain from imposing limitations or exclusions on liabilities unless permitted by the relevant laws. 

9.5 Scope of Limitations and Exclusions: The limitations and exclusions of liability outlined in Section 9 and throughout this disclaimer are:
9.5.1 Subject to Section 9.4, and
9.5.2 Govern all liabilities arising within the purview of this disclaimer or pertaining to its subject matter. This includes liabilities emerging from contractual obligations, tort (including negligence), and breaches of statutory duties,  except to the extent expressly provided otherwise in this disclaimer.

9.6 Free Services Disclaimer: In instances where our Website and the associated information and services are provided free of charge, we will not be liable for any loss or damage of any nature.

9.7 Events Beyond Our Control: We will not be liable to you for losses arising out of any event or events beyond our reasonable control.

9.8 Exclusion of Business Losses: We will not be liable to you for any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

9.9 Data, Database, and Software: We will not be liable to you for any loss or corruption of any data, database, or software.

9.10 Special, Indirect, or Consequential Loss or Damage: We will not be liable to you for any special, indirect, or consequential loss or damage.

9.11 Indemnity: You agree to indemnify and hold Main Bike Co. harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this disclaimer or your violation of any law or the rights of a third party.

10. Changes to Disclaimer

10.1 We reserve the right to modify or replace this disclaimer at any time. 

10.2 It is your responsibility to check this disclaimer periodically for changes. 

10.3 Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.

11. Severability

11.1 If any provision of this disclaimer is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this disclaimer unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. Governing Law

12.1 This disclaimer is governed by and construed in accordance with Australian law. 

12.2 Any disputes arising under or in connection with this disclaimer shall be subject to the exclusive jurisdiction of the courts of Australia.

13. Statutory and Regulatory Disclosures

13.1 Main Bike Co is a registered business with the Australian Securities and Investments Commission (ASIC). 

13.2 Our Australian Business Number (ABN) is 48 094 264 390.

13.3 Our registration with ASIC highlights our commitment to transparency and our compliance with Australian Consumer Law (ACL), ensuring fair trading practices, and the protection of consumer rights.

14. Contact Information

14.1 If you have any questions or concerns about this Website Disclaimer, you can contact us via:

1. Our website contact form. mainbikeco.com.au/contact-us
2. Email via admin@mainbikeco.com.au