Bike Party Terms & Conditions

Welcome to the website of My House Geek Pty Ltd trading as Bike Party (ABN 38 610 790 540) ("we", "us" or "Bike Party"), an online community to meet cyclists travelling to a shared destination in a group (a “party”).

This website is located on the web via the domain bikeparty.com.au and includes all of the files located in that domain ("this site").

This policy describes generally how our products work. These terms remain subject to our Website Terms of Use available at https://bikeparty.com.au/policies/website-terms-and-conditions/ and our other Bike Party policies.

This policy covers your use of our Website (“this site”).

If you would like more information, please don't hesitate to contact us.

1. Legal capacity

If you are under 18 years of age, you will need parent or guardian permission to access our offerings.

By using this site you represent and warrant to Bike Party that you are over the age of 18 years or a legal age in your country or have parent or guardian consent if you are under the legal age in your country.

If Bike Party suffers any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2. Bike Party Subscription

Bike Party is available on a subscription basis. Here’s what you need to know:

1. you have access to a 30 day free trial period but you will need to select either a monthly, quarterly or annual plan during the trial period; and
2. you can cancel at any time during the 30 day trial period without charge;
3. If you cancel after the trial period ends, you will be billed for the first month;
4. you will be billed on each month; and
5. you will be billed monthly, quarterly or annually depending on the plan you choose, until you cancel your subscription; and
6. we reserve our right to change the pricing of any of our offerings; and
7. Bike Party may cancel your subscription if you breach our rules of conduct in this policy or any of our other rules and you indemnify us from any claim in relation to a cancellation; and
8. to the fullest extent permitted under law, you won’t be eligible for a refund of past months regardless of whether you have used Bike Party or not.

3. Subscription renewal

Your subscription will renew automatically unless you cancel it. You may cancel your subscription by emailing hello@bikeparty.com.au and requesting the cancellation.

4. Security measures

You understand and agree that we may add extra security measures for Bike Party Groups. Such measures may include identity verification from third parties. If you do not have your identify verified then you may not be able to access these groups. We accept no liability for your inability to access these groups if you choose not to have your identify verified.

5. Payment details

You represent and warrant that you are the authorised user of the payment method used to pay for your Bike Party subscription.

You agree to supply us with correct payment information and if you do not, or we learn that you were not authorised to use a certain payment method, we may cancel your account and will not be responsible for any claim for cancellation.

6. Account holder responsibilities

As an Bike Party account holder you are responsible for:

1. creating your account or authorising another person; and
2. supplying the correct name and email address of the recipient and any other required information; and
3. only joining a bike party event with the express intention of participating in the party, and altering your attendance at the earliest practical time; and
4. following all cycling and road safety rules and regulations in your respective jurisdiction; and
5. not do or share anything on the Bike Party or at a party that is unlawful, misleading, discriminatory or fraudulent or infringes or violates someone else's rights, including their intellectual property rights.
6. complying with our rules of conduct and any of our other policies.
7. while Bike Party is able to monitor user activity, we are not legally required to do so. If we determine that you have engaged in prohibited conduct, we receive our right to cancel your account.

7. Risk of injury

Any sports activity carries with it the risk of injury.

You are responsible for assessing your fitness or obtaining the opinion and advice of a medical practitioner before participating in any Bike Party groups or exercise programs if you wish to query the suitability of our programs for your situation including but not limited to situations where you are a pregnant user.

You are also responsible for stopping your use of any Bike Party offering if you are feeling unwell and getting a medical opinion before resuming use of any Bike Party offering.

We make no representation or warranty about the suitability of any Bike Party offering for your particular circumstances.

We are not responsible for any injury you sustain whether or not you have obtained the advice or medical clearance of a medical practitioner.

8. Information & not advice

Our website may contain fitness and health information that is not suitable for your particular situation. The information on our website is exactly that, information only and not medical advice.

Information is generic and does not apply to a specific person, whereas, advice is particular to a person’s circumstances.

9. Disclaimer

This disclaimer is in addition to the disclaimer in our Website Terms of Use and any other Bike Party policies.

To the fullest extent permitted by law, Bike Party disclaims liability for the following:

1. any injury or death that results from use of the Bike Party offerings; and
2. comments including any comments that are in breach of the law; and
3. any malfunction or decision by Bike Party that results in a card being unavailable for a short or indefinite period of time; and
4. prohibited user conduct as explained under our Website Terms of Use including but not limited to threats, harassment or discrimination of any kind; and
5. any account suspension for prohibited conduct as described in our Website Terms of Use or any other policy.

10. Your rights under Australian Consumer Law

Our offerings come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1. a product or good has a major failure when:
2. it has a problem that would have stopped someone from buying it if they’d known about it;
3. it is significantly different from the sample or description;
4. it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time;
5. it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
6. it is unsafe.

Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.

Please note there may be limitations on your right to return and obtain a refund for products, however these limits will always be subject to your statutory rights.

11. Refunds

If you have paid for a subscription and wish to cancel your subscription for any reason – even if you simply change your mind – we will provide you with a full refund, provided that we receive notice of the cancellation of your subscription within the trial period.

Refunds will not be available in any other circumstances. If you are not satisfied with any item that you receive from us, you may be entitled to return that item to us in accordance with the below.

12. Indemnity

You indemnify and hold harmless Bike Party and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• Any loss, damage or injury your suffer as a result of using Bike party from any other site user whether or not your loss, damage or injury is suffered online or otherwise;
• any material or information that you submit, post, transmit or otherwise make available through this site;
• your use of, or connection to, this site; or
• your negligence or misconduct, breach of these Terms, our Website Terms of Use, any other policies or violation of any law or the rights of any person.