Updated 18 March 2021
These Terms will apply to every sale of Products by the Supplier. These Terms constitute the entire agreement between the Supplier and the Customer, and no variation of or addition to these Terms will be binding unless reduced to writing and signed by the Supplier and the Customer or their duly authorised representatives.
1.1 Australian Consumer Law means Schedule 2 to the Competition and Consumer Act (as amended or replaced from time to time);
1.2 Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);
1.3 Customer means the party who enters into these Terms with the Supplier, for the supply of Products from the Supplier to the Customer;
1.5 Products means cycling related products as advertised on the Website from time to time;
1.6 Supplier means Cycling-Inform Pty Ltd ACN 123 381 582 as trustee for the Cycling-Inform Unit Trust;
1.7 Terms means these terms of trade;
1.8 Website means www.cycling-inform.com and any other website of the Supplier from time to time; and
The Customer agrees to be bound by:
2.1 these Terms; and
The price of the Products supplied to the Customer will be for the amount stated on the Website from time to time.
4.1 The price of Products shall be paid by the Customer:
(a) at the time of purchase; and
(b) by one of the available payment methods made available to the Customer on the Website.
4.2 The Customer acknowledges that the Supplier may use third-party banking merchants to process payments made through the Website, and in these circumstances, the Customer’s use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant.
The Customer agrees and acknowledges that once purchased, all Products will be deemed to have been used. The Supplier has a strict no refund policy (for change of mind or otherwise) on the purchase of any Products.
6.1 The Customer agrees and acknowledges that:
(a) certain Products may only be purchased on a subscription basis (Subscription) where recurrent fees are charged to access and use the Products (Subscription Fees);
(b) the Subscription Fees will be for the amounts stated on the Website in respect of that Product;
(c) the Subscription for a Product will continue for the period stated on the Website (for example, a 12 week coaching program will continue for the period of 12 continuous weeks) (Subscription Term);
(d) a Subscription will automatically renew and continue to renew for the period of the initial Subscription Term (for example a 12 week coaching program will renew for another 12 continuous week period) (Renewed Subscription Term) unless the Customer cancels the Subscription (which can be cancelled on the Website) at least 24 hours before the end of the Subscription Term (or the Renewed Subscription Term); and
(e) the Customer will be liable to pay the Supplier the Subscription Fees in full for the period of the Subscription Term and any renewed Subscription Term(s).
(f) a Subscription cannot be suspended, extended, or placed on hold during its term and then resumed at a later date.
6.2 The Customer authorises the Supplier to store the Customer’s credit card or payment details (as provided by the Customer on the Website) on file or with a third party so the Supplier can charge the Subscription Fees payable by direct debit to the Customer’s credit card or payment details provided.
6.3 The Customer acknowledges that it may be charged additional merchant fees by its bank or credit provider and/or such additional fees as notified on the Website (if any).
7. Intellectual Property
7.1 The information, materials and any intellectual property rights contained in any Products and the Website are the sole property of the Supplier.
7.2 The Customer acknowledges that the sale and purchase of the Products does not confer on the Customer any licence or rights under any patent, trade mark, design or copyright which is the property of the Supplier.
7.3 While the Customer may use the Products for their own personal use, no part of any Products may, in any form by any electronic, mechanical, photocopying, recording or any other means be reproduced, stored in a retrieval system or be broadcast, sold, transmitted or be made available to any third party without the prior written consent of the Supplier, which consent may be withheld in the Supplier’s absolute discretion.
8. Materials contained in Products
8.1 The Customer agrees and acknowledges that any dietary or nutritional information contained in any Products:
(a) are not the advice of a qualified dietician or nutritionist and are recommendations that are not formulated to specific dietary or nutritional deficiencies, allergies and/or health conditions;
(b) are intended to support general health, wellbeing and a healthy weight loss journey, however, they are not a substitute for professional medical advice, diagnosis or treatment.
8.2 The Customer further acknowledges that any specific health and medical questions regarding any dietary or nutritional information contained in any Products should be raised with the Customer’s healthcare professionals prior to and during the use of the Products.
9. Promotional and Advertising Materials
9.1 The Customer consents to the Supplier, its contractors, agents, nominees and/or representatives to take any photograph, video, multimedia or film likeness of the Customer in respect of the Customer’s use of a Product (including without limitation recorded on-line coaching sessions and training camps) (Customer Photos).
9.2 The Customer authorises the Supplier or any other party authorised by the Supplier to use the Customer Photos and any comments made or feedback given by the Customer (Customer Comments) for promotional or advertising purposes (which may include publishing the Customer’s name).
9.3 The Customer agrees and acknowledges that all Customer Photos and Customer Comments are the sole property of the Supplier and the Customer must do all reasonable acts (including signing any required documentation) to transfer title in such materials to the Supplier.
10. Customer warranties and acknowledgements
10.1 By purchasing the Products from the Supplier, the Customer warrants and represents that it:
(a) is legally capable of entering into binding contracts;
(b) is at least 17 years of age;
(d) it is sufficiently fit and capable to use the Products and be enrolled in any coaching programs that form part of a Product;
(e) does not suffer from any medical condition that would deem it unsafe for it to use the Products (noting that following programs contained within a Product requires extremely strenuous physical activity);
(f) has sought advice and certification from a qualified medical practitioner stating that the Customer is capable of performing extremely strenuous physical activity; and
(g) has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by the Supplier or anyone on its behalf, or apparently on its behalf, in respect of any Product it supplies to the Customer, other than those that are expressly contained in these Terms.
10.2 The Customer acknowledges:
(a) that there are inherent dangers and certain elements of unpredictability while performing cycling and physical activities, including without limitation any activities directly or indirectly related to the Products, cycling on unsupervised open roads, performing weight and strength exercises and cycling indoors;
(b) the potential danger of accident or collision which may result in injury and the possibility of death while cycling;
(c) that while undertaking any coaching programs, training or acting on advice that are part of a Product that no amount of certification, supervision or experience can guarantee the safety of the Customer or others and the Customer therefore agrees to be solely responsible for all of its actions and adverse health consequences;
(d) that it does not rely on any representation (express or implied) from any person directly or indirectly associated with the Products or any coaching programs that form part of a Product; and
(e) that any coaching programs that form part of a Product will be provided remotely by the Supplier and that it is entirely and solely up to the Customer to ensure that it is within the Customer’s safe level of exertion when performing any activities under any such program.
11. Limitation of liability
11.1 Subject to the remainder of this clause 11, the Supplier offers no guarantee or warranty in respect of the Products it supplies to the Customer, and all representations, conditions and warranties of any nature made in relation to the Products are expressly excluded from these Terms and shall not bind the Supplier.
11.2 To the extent permitted by law, where the Supplier becomes liable to the Customer in any manner for any breach of any condition or warranty expressed or implied in relation to the supply of Products to the Customer, the Supplier’s liability will be limited, at the Supplier’s sole discretion to either:
(a) the supplying of the Products again; or
(b) the payment of the cost of having the Products supplied again.
11.3 If any action is brought by the Customer against the Supplier, pursuant to Part 5.4 Division 1 of the Australian Consumer Law, the Supplier’s liability will be as prescribed in Part 5.4 Division 1 of the Australian Consumer Law.
11.4 To the extent permitted by law, the Customer releases and indemnifies the Supplier and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Customer and whether at common law, under tort (including (without limitation) negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of or in relation to any breach by the Customer of any warranty provided by it under clause 10.1.
11.5 To the extent permitted by law, the Supplier will have no liability to the Customer however arising, including, without limitation, under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity, arising out of or in connection with these Terms or any supply made pursuant to them.
12.1 The whole or any part of a clause of these Terms shall be capable of severance without affecting the rest of these Terms.
12.2 These Terms shall be governed by the laws of the State of South Australia (excluding its conflict of laws provisions) and the Customer must submit to the non-exclusive jurisdiction of the courts of or exercising jurisdiction of that State and the Customer waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. The Customer acknowledges that it and/or its representatives must attend courts located in South Australia (and no other jurisdiction in Australia or any other country) in the event of any litigation taken against the Supplier.
12.3 The Supplier will not be in breach of any contract with the Customer where it results from any act, matter or thing beyond the reasonable control of the Supplier.