Ride Sports ANZ Pty Ltd
Last Updated 1st July 2018
These Terms & Conditions govern your use of the Ride Sports ANZ Pty Ltd ABN 38 625 108 910 (Ride Sports /us/we/our”) website, and its related bodies corporates (as defined by the Corporations Act 2001) websites, and our applications, including online ordering. References to 'website' include the following: http://www.thok.com.au or any products, services (including web-services), software, application or media managed by Ride Sports. Your use of the Ride Sports website constitutes your acceptance of these Terms & Conditions.
Subject to law, Ride Sports may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions. Ride Sports recommends you carefully read, each time you visit the website, the Terms & Conditions as they may affect your rights.
If you do not agree with the Terms & Conditions, do not use the website, order online or interact with us or our related bodies corporate at all.
These Terms & Conditions apply to all users of the Ride Sports website. The Ride Sports website may include content, information or links to third parties or a third party website. By accepting these Terms & Conditions you agree to hold harmless and relieve Ride Sports and its related bodies corporate from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
YOUR ACCESS TO THE RIDE SPORTS WEBSITE
Ride Sports hereby provides its permission for you to access its website in accordance with these Terms & Conditions, provided that:
(1) your use of the relevant website is solely for your individual, personal, commercial or non-commercial use; and
(2) you will not copy, distribute or publish any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and
(3) you will otherwise comply with the Terms & Conditions.
You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Ride Sports website, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like. Notwithstanding the foregoing, Ride Sports grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ride Sports reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information from the Ride Sports website or use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the websites with respect to their submissions to the websites.
INTELLECTUAL PROPERTY RIGHTS
The website contains many valuable trademarks owned and used by Ride Sports and its related bodies corporate, affiliates and related entities throughout the world. These trademarks are used to distinguish Ride Sports’ quality products. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of Ride Sports.
The text, graphics and Ride Sports html code (including flash files and java script) contained in the website is the exclusive property of Ride Sports, its affiliates or related entities. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior express written permission of Ride Sports.
The website may link to sites not maintained by or related to Ride Sports. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with the websites or Ride Sports. Ride Sports has not reviewed the sites hyper-linked to or from this website and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Ride Sports makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the websites. Furthermore, Ride Sports does not implicitly endorse third-party sites hyper-linked to the websites.
The content on the Ride Sports website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Ride Sports, subject to copyright and other intellectual property rights under Australian and New Zealand laws (as applicable) and international conventions. Content on the website is provided to you and is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ride Sports reserves all rights not expressly granted in and to the website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the websites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
The Ride Sports website, application/s or software may now or in the future permit the submission of written works, photos, audio files, testimonials, videos or other communications submitted by you and other users of the website ("User Submissions") and the hosting, sharing and/or publishing of the User Submissions. Once the User Submissions are submitted to our website or through social media managed by Ride Sports, the submissions become property of Ride Sports. You understand that whether or not such User Submissions are published on the websites, Ride Sports does not guarantee any confidentiality with respect to any submissions. You agree that Ride Sports may publish your name and submissions on the Ride Sports website, Ride Sports-managed social media, advertising, print material or in any other press releases of media items.
In connection with your own User Submissions, you affirm, represent and warrant that you:
1. own or have the necessary licenses, rights, consents and permissions to use and authorise Ride Sports to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and Terms & Conditions; and
2. have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every identifiable person to enable inclusion and the use of the User Submissions in the manner contemplated by the User Submissions become the property of Ride Sports. By submitting the User Submissions to Ride Sports, you hereby grant Ride Sports a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submissions in connection with the website and the Ride Sports business, including without limitation for promoting and redistributing all or part of the website (and any derivative works) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the website under these Terms & Conditions; and
3. in connection with your User Submissions, agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ride Sports all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Ride Sports or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
Ride Sports does not endorse any User Submission or any opinion, recommendation, testimonial or advice expressed therein, and Ride Sports expressly disclaims any and all liability in connection with User Submissions. Ride Sports does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Ride Sports will block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. Ride Sports reserves the right to remove content and User Submissions without prior notice.
Ride Sports may also terminate, without notice, a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. Ride Sports also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Ride Sports may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
You agree to defend, indemnify and hold harmless Ride Sports and related corporations, affiliates, and the officers, directors, employees and agents of these entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of and access to the website (including any online ordering and applications); (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Ride Sports.
ABILITY TO ACCEPT TERMS & CONDITIONS
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
In addition to the aforementioned terms and conditions, the following terms and conditions apply in respect of any specific orders or enquiries placed by you with Ride Sports.
For the purposes of these Terms and Conditions, the "customer" means any person who places an Order with Ride Sports; the "products" mean any items sold or supplied by Ride Sports; "Order" means any request or order to purchase the products, and; the "Parties" refers to the customer and Ride Sports.
1.1. The Ride Sports website is a shopping website where you can browse, select and purchase products from Ride Sports.
1.2. You agree to comply with all relevant laws, by-laws, regulations, permits, licences in connection with your use of the Ride Sports website and your placement of any order through the Ride Sports website.
2. Placing an Order for Products or Services with Ride Sports
2.1. You may order products or services on the Ride Sports website by selecting and submitting your Order through the Ride Sports website in accordance with these terms and conditions.
2.2. Any Order placed through the Ride Sports website for a product or service is an offer by you to purchase the particular product or service for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
2.3. Items marked as clearance or special offer may be discounted online while stocks last. "While stocks last" refers to products stocked at Ride Sports and not stock availability from the supplier. In the event that stock is no longer available, the item will not include an "add to cart" button.
2.4. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Ride Sports website.
2.5. You agree to provide us with current, complete and accurate details when asked to do so by the website.
2.6. We may choose, at our discretion, to reject your Order. This may happen where the requested product or service is not available or if there is an error in the price or the product/service description on the Ride Sports website.
2.7. Each Order placed for products through the Ride Sports website that we accept results in a separate binding agreement between you and us for the supply of those products.
2.8. For each Order accepted by us, we will supply the products or services in that Order to you in accordance with these terms and conditions, provide you with a tax invoice and provide you with an email or SMS confirmation of that Order.
2.9. If we reject an Order placed through the Ride Sports website, then we will endeavour to notify you of that rejection at or reasonably close to the time you place the Order.
3. Products being Sold
3.1. Descriptions and specifications for the products will be contained on the Ride Sports website at the time of the Order.
3.2. If any products are unavailable or out of stock Ride Sports may cancel the Order in whole or in part and refund any money paid by you, issue a credit note or otherwise vary the Order with your approval.
3.3. If applicable, any customer that places an Order for an age-restricted good confirms that they are over 18 years of age and acknowledges that delivery can only be accepted by a person over the age of 18 years.
4. Delivery of Products
Your use of the Ride Sports website constitutes your acceptance of the delivery information outlined in our Shipping Policy and Delivery Information which can be found here .
5. How to Cancel an Order
5.1. As noted above, we may cancel any part of an Order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: the products in that Order are not available; or there is an error in the price or the product description posted on the Ride Sports website for the product in that order; or that we reasonably believe your Order has been placed in breach of these terms and conditions.
5.2. You may cancel an Order at any time prior to the dispatch of that Order (whether it is accepted by us or not) by contacting our Customer Services team at email@example.com during contact hours being Monday to Friday 8.30 am to 2.30pm AEST (Brisbane time), excluding public holidays.
On cancelling the Order, we will refund your payment to your original payment method or through an agreed alternative means. If we cannot stop the shipment of the Order at the time of cancellation, then you will be required to accept delivery and then return the products to the Supplier in order to receive a refund in accordance with our Returns Policy. [AR2]
6. Fees and Charges
6.1. We will charge you, and you agree to pay the purchase price of each product that is ordered or provided at the time of placing your Order, the delivery fee for your Order (if applicable) that we notify to you when you place your Order (“Delivery Fee”) and any other fees and charges set out in these Terms and Conditions. All fees and charges identified in these terms and conditions and all prices for the products will be listed inclusive of GST.
6.2. All prices on the Ride Sports website are in Australian dollars.
6.3. The purchase price of each product is shown on the product list on the website at the time you place your Order.
6.4. Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the website for the product in that Order), once we have accepted your Order, we will not change any prices that apply to the products in that Order.
7. Payment Methods
You may pay the fees and charges for an accepted Order with any of the following payment methods:
• Credit card payments (including VISA & Mastercard); or
7.1. If we are unable to successfully process your nominated payment method for your Order that is accepted by us, then we may cancel your Order.
7.2. If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted Order.
7.3. We will provide you with a receipt at time of delivery at the latest which specifies the total fees and charges for the products in the Order.
9. Product Warnings
9.1. We do not warrant that product or service descriptions, instructional guides or videos or other content of the Ride Sports website is accurate, complete, reliable, current, or error-free. Any advice contained in the content of this website is general advice only and may not apply to your individual circumstances. We recommend that you make further specific enquiries in relation to any information on the Ride Sports website to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk.
9.2. We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this site.
10.1. Where any law implies in these Terms and Conditions any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in these Terms and Conditions. However, our liability for breach of such term or any statutory guarantee conferred by legislation will be, if permitted by law, limited to one of the following remedies (at our option):
(a) the replacement of the products, the supply of equivalent products, the repair of the products; the payment of the cost of replacing the products (or of acquiring equivalent products), or the payment of the cost of having the products repaired.
10.2. Subject to the indemnity provisions outlined above, our liability to you for loss or damage of any kind arising out of these Terms and Conditions or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
10.5. Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
11.1. We may immediately suspend, terminate or limit your access to and use of the Ride Sports website if you breach these Terms and Conditions and:
(a) the breach cannot be remedied; or
(b) you fail to remedy the breach within 5 business days of our notice to you of that breach; or
(c) if there is an emergency or we need to perform some maintenance on our site.
11.2. You may stop using this website at any time and for any reason.
12. Availability of Ride Sports Website
12.1. We do not guarantee the Ride Sports website will always be available or error-free.
12.2. We may in the future, stop making this website (or any part of it) available. If so, any Orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.