Ride Nation Terms & Conditions

These are the terms and conditions (Terms) governing the use of RideNation.com.au (Site). Please read these Terms carefully before using this Site. By using the Site, you accept and agree to the Terms. The Terms apply to all Users of the Site unless specified otherwise. The Terms published at the time of your use of the Site shall apply to you.

Ride Nation is a business owned and operated by AusCycling (AC). AC reserves all rights to alter these Terms from time to time and at its discretion. Each time you use the Site, you should be aware of the current Terms. To use this Site you must first read and agree to the Terms set out below.

If you do not agree to the Terms as set out below, please leave the Site now.

1 Introduction

1.1 Ride Nation is owned by AC (also referred to as ‘we’ or ‘our’ or ‘us’ or ‘Ride Nation’). We operate an online advertising medium/marketplace platform via the Site, allowing users to advertise and/or purchase all things related to cycling training, cycling programs, on-bike activities, bicycle holidays and bicycle events.

1.2 Definitions:

When we refer to ‘us’, or ‘our’ or ‘we’ or similar, we are referring to Ride Nation.

When we refer to ‘you’ or ‘your’ or similar, we are referring to you as a User of this Site. Other defined terms and their meanings are:

Allocated Area means the area on the Site approved by us for a Seller to advertise their Product;

Australian Law means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Melbourne, Australia;

Buyer (also referred to as ‘you’ or ‘your’ where the context permits) means a person who browses the Site, being a potential buyer of a Product via the Site, and also a person who wishes to purchase, or has already purchased, Products from a Private Seller or a Retail Seller from an advertisement placed on the Site;

Charge Back means a buyer disputed or fraudulent transaction that has been remitted to the retail seller on the Site;

Intellectual Property Rights means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:

(a) graphics programming codes, drawings, computer programs, website;

(b) business names, company names, product names;

(c) any right to have information kept confidential;

(d) patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, websites, website designs, website design methodology, domain names, domain registration, source codes, site context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;

(e) phone numbers, fax numbers, email addresses, directory listings; and

(f) Twitter, Facebook, Skype, LinkedIn, Viber, Instagram and other social media contact points;

Licence means the irrevocable, royalty-free, non-exclusive, worldwide sub-licensable and perpetual licence to use any and all of the information provided by Sellers to us with such licence to be including but not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information;

Loss includes loss of money (including profit), goodwill, or reputation, whether such loss be incidental, direct, indirect, special, consequential even if you advise us or we could reasonably foresee the possibility of any such loss or damage occurring;

Merchant fees means a cost charged by a merchant (including but not limited to a bank) to a Retail Seller when a buyer is paying with (including but not limited to) a credit card, charge card, debit card, etc. to cover the cost of accepting / processing a payment. This Merchant fee may be varied from time to time without notice;

Minimum Term means 12 months;

Party means any Buyer, Private Seller, Retail Seller, and ‘parties’ has a corresponding meaning;

Product means any program, event, activity or other that is is delivered by the supplier Seller (also referred to as ‘you’ or ‘your’) means any entity posting an advertisement on the Site for the sale of a Product or selling a Product on the Site, and being either a Private Seller (individual) or a Retail Seller (company); Site means the internet site at the domain Ride Nation.com.au as configured and described as such by us from time to time or any other internet site operated by us from time to time;

Store Account means the arrangement by which a Retail Seller is given personalized access to the Site to advertise and sell Products;

Subscription means the service provided by Ride Nation to Retail Sellers by way of a prepaid fee payable by the Retail Seller to Ride Nation; and

Users means anyone using the Site for any purpose and includes all Sellers and all Buyers.

2 All Users

2.1 Before using this Site, you must read and accept these Terms (including Fees & Service levels listed in 4.4) and the Privacy Policy available here. You agree that these Terms (Fees & Service levels) and the Privacy Policy will apply whenever you visit the Site, or when you use the tools we make available to interact with the Site.

Nature of the Site

2.2 By providing a platform for the sale of Products, we facilitate transactions between Buyers and Sellers. Subject to these Terms, this includes but is not limited to assistance with customer service, Charge Backs, fulfilment, warranties, returns and Product defects, etc in accordance with all and any applicable Australian Law. This facilitation does not make us responsible for any obligations of the participants in these transactions and we expressly deny any responsibility.

2.3 Unless we determine otherwise (which we may or may not do in our absolute discretion) we will not provide any refund for any monies paid to, or received by us, under these Terms. If we do determine to provide a refund such refund may be conditional. We are not obliged to provide any reason for any decision or determination under this clause.

3 All Buyers

Events & Ticketing

3.1 Programs, Services, Events and Tickets advertised on the Site enables you to purchase and or reserve entry to specific programs, services, events and activities advertised by Sellers. If you have any queries or reservations about an event you must contact the Seller directly or review the particular event’s terms and conditions provided by the Seller prior to purchasing.

3.2 Our facilitation of payment for the Programs, Services, Events and Tickets does not lead to any liability or responsibility on our part, and any such responsibility rests with the Seller. We have no obligation or liability to provide the ticket or entry pass to any event.

Exchange & Returns Policy for purchases from Sellers

3.3 All Buyers should choose carefully before buying, as an order to purchase creates a contract between the Buyer and the Seller.

3.4 We do not offer any guarantee on Programs, Services, Events and Tickets, including as to satisfaction, or refunds for a change of mind, however we will always endeavour to keep you happy and satisfied.

Risk & liability

3.5 We accept advertisements from Sellers in good faith. Advertisements on the Site for Products are prepared by Sellers who are unrelated to us. We take no responsibility for the accuracy of price information or specifications of any Products advertised and/or sold. We take all reasonable precautions to only host accurate information on the Site, but we are not responsible for information uploaded or created by such third parties. You should verify such information yourself.

3.6 All other information on the Site and Products acquired through the Site are provided “as is” without warranty of any kind by us. We do not warrant or represent that the Products advertised on the Site will be suitable for any purpose, or that a Seller has any particular skill, knowledge, qualification or is legally entitled to carry on a particular business. It is your responsibility to verify any information on the Site and to investigate for yourself the condition, quality and suitability of any Products advertised on the Site.

Security

3.7 When purchasing a Product, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. This level of encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre (03) 9998 6810 (9am to 5pm AEST).

4 All Sellers

4.1 By placing an advertisement on the Site, all Sellers accept and must conduct themselves in accordance with these Terms. It is a Seller’s responsibility to ensure they comply with all applicable Terms.

4.2 You must have clear legal title and ability to sell Products you advertise on the Site in accordance with Australian law.

Fees and payment

4.3 Fees for any service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms.

4.4 All applicable fees are clearly stated below:

Entity: AusCycling t/a Ride Nation
Subscription Fee: Currently free for verfied sellers

Entity: Marketplacer (platform host)
Transaction Fee: 1.5% per transaction

Entity: BrainTree (payment gateway)
Transaction Fee: 1.75% + $.30 AUD per transaction, inclusive of GST

It is the Seller’s responsibility to consider the fees before they advertise. Placing an advertisement on the Site is deemed to be acceptance of these Terms and the applicable fees. You should read and understand these Terms so that you are aware of the fee that is relevant to you (if any).

4.5 All fees for advertisements placed on the Site must be prepaid, unless stated otherwise or prearranged with our authorised representative.

4.6 Any fees paid to us to place an advertisement on the Site do not grant any Seller exclusive rights to any web page on the Site.

4.7 By advertising and completing sales on the Site, you give us permission to accept full payment on your behalf from Buyers for sales of Products prior to us accounting to you for such sales.

Content of advertisement

4.8 All advertisements must relate to Cycling and fall within the Site’s search criteria. We may reject advertisements that are not relevant to these areas of interest and reserve the right to cancel/and/or amend such advertisements, without notice and without refund.

4.9 We may withdraw or alter the advertisement or material you send us if it is deemed to be inappropriate, incorrect or not in keeping with the Site’s style, standards and tone.

4.10 Advertisements on the Site may only include text descriptions, graphics, pictures and other content relevant to the sale of that particular Product.

4.11 Any phone numbers provided for advertisement must be yours as officially ascribed to you by a telecommunications business or you must have permission and authority to use such phone numbers.

4.12 We reserve the right to verify the availability of products offered for sale and to verify the information contained in any advertisement by requiring the Seller to provide acceptable evidence of the availability of the product(s) for sale. You agree to provide such additional information as we reasonably require. Failure to comply may result in your service being suspended or cancelled and/or removal of the advertisement.

4.13 Sellers must not post/submit illegal, prohibited or offensive content to this Site and must not use derogatory terms on the Site. Any Seller who submits such content may be reported to the proper authorities. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain illegal or prohibited content, derogatory or offensive terms.

4.14 Sellers may not include political, religious or controversial material on any advertisement or part of the Site. We reserve the right to immediately cancel and remove, without notice or refund, from the Site, any advertisement which is deemed by us to contain such content.

4.15 Sellers must not use this Site to promote any Products not permitted to be sold via the Site nor advertise hyperlinks directing Buyers to other websites, unless by mutual arrangements and expressly permitted by Ride Nation.
4.16 We do not permit data mining of any of the content on this Site in any way.

4.17 We do not permit the use of the Site to publish anything that could be considered spam, phishing, bulk electronic messaging, or anything else that contravenes Australian Law.

4.18 If you are the subject of an interview and/or article and/or feature and/or video of any sort appearing on the Site, you accept that the published interview and/or article and/or feature and/or video is prepared with editorial integrity and that our editorial decision is final. You also accept the possibility that editorial errors can occur. Where such errors occur, we will make every effort to amend these errors as soon as they are discovered or brought to our attention but we will not be held liable for any adverse consequences or loss arising from any such error.

4.19 All advertisements and content must comply with Australian Law. By seeking to place an advertisement or content on the Site you warrant that they do comply with Australian Law and you expressly indemnify us from any claim made against us for a failure to meet or comply with this warranty.

Intellectual property rights

4.19 The Site is the property of AC and is protected by Australian Law and international copyright laws. It must not be reverse engineered, republished, reproduced or copied in any way.

4.20 No Seller shall be entitled to claim any loss or damage against us for the use, publication, republication, producing, reproducing, modifying, deleting, adapting or publishing any of the information provided by a Seller to us.

4.21 If you submit information to the Site in which you have no Intellectual Property Rights, it is your responsibility to gain permission from the original owner of that information. We may require production of evidence from a Seller of its Intellectual Property Rights in the information submitted.

4.22 We do not claim any Intellectual Property Rights in the content of any advertisement other than the content that is authored and published by us. By using this Site, all Sellers grant Ride Nation a Licence to use any and all of the information provided by such Sellers to us. Such Licence is irrevocable, royalty-free, non-exclusive, worldwide, sub-licensable and perpetual and includes but is not limited to using, producing, reproducing, modifying, performing, translating, creating derivative works from, distributing, displaying, deleting, adapting and publishing such information.

Social media

4.23 We may use social media and the Site may provide links to a number of social media sites, for example Facebook, Twitter, Skype, LinkedIn, Viber and Instagram. We reserve the right to change, vary, increase, decrease or desist from its social media presence at any time at our sole discretion.

4.24 We may from time to time host our own social media function, including blogs, consumer reviews, ratings and forums but are not obliged to do so. We do not necessarily endorse, support, encourage, verify or agree with any comments or opinions posted by third parties and any such posting does not necessarily represent our views. We take no responsibility for all and any content on the Site except for such items which are specifically identified as being content produced by us.

4.25 We will endeavour to display your advertisements as submitted by you. We make no guarantees regarding placement or content of other advertisements displayed on the same page as your advertisement.

4.26 You must meet the requirements to be a Seller to operate as such through the Site. We may require details and evidence of same. This includes:

(a) The relevant coaching accreditation from an appropriate governing body

(b) The mandatory inclusion of the coaching accreditation, which include but may not be limited to: current Working with Children Card; current HTLAID003 or the equivalent; current licence of the appropriate governing body;
4.27 As a Seller, you are responsible for Product fulfilment, service returns, refunds, customer service, dispute resolution in respect of sales of Products via the Site.

4.28 By becoming a Seller on this Site, you acknowledge that we may recover all costs that are incurred in relation to honouring sales of Products on the Site including but not limited to costs in relation to Charge Backs, Merchant fees, fulfillment, warranties, returns and Product defects. These costs will be debited to your credit card or direct debit account provided to us and you authorise such debits from your account.

4.29 Seller advertisements must be classified in nature. Blanket advertisements such as “25% off all programs” are considered to be generic advertising and are not permitted within the classified section of the Site. Failure to comply may result in your service being suspended or cancelled.

4.30 All advertisements placed by Sellers must be for Products that are available for purchase. We may require an assurance or evidence of this from you from time to time. Failure to comply may result in your advertisement being removed from the Site and/or your Store Account being suspended or cancelled.

Fees and payment

4.31 All charges to buyers for Programs, Services, Events and Tickets listed on the Site need to be inclusive of GST and incur Merchant fees.

4.32 Details of Retail Seller fees can be found at 4.4. Payments will be charged monthly to the Retail Seller’s Store Account based on the Product’s date of sale. For example, if you originally paid on 10 February, your account will be charged on 10 March and so on.

4.33 Once the Minimum Term has expired, we will continue to charge your Store Account until we have been given one month’s notice of your intention to cancel your subscription.

4.34 If we materially change these Terms, we will notify Retail Sellers. If you are a Retail Seller, you may terminate the subscription with Ride Nation within fourteen (14) days of such notice, failing which you are deemed to have accepted the changes to the Terms.

4.35 By creating an Account and agreeing to these Terms, you have authorised us to debit funds from your nominated account that may from time to time become due to us under your Store Account.

4.36 By agreeing to these Terms you undertake to provide us with details of a valid bank account or credit card sufficient to enable us to credit or debit such account from time to time. You undertake to update or certify these details regularly and advise us if expiry dates or Card Verification Codes (CVCs), Card Security Codes (CSCs) or Printed Card Security Codes (PCSCs) change. We shall not be liable or responsible for the loss or delay of funds due to you as a result of your failure to provide accurate and current payment details in a timely manner.

4.37 We may give you at least fourteen (14) days’ notice in writing of any changes to the Terms of the credit card payment structure. This notice will state the new amount, frequency, next charging date and any other changes.

4.38 Any Charge Backs attributable to your Store Account are your responsibility as a Seller. In this event, your Store Account will be charged by us, using your Credit Card details on file.

4.39 We will pay Sellers (less commission) for all sales within twenty-one (21) business days of confirmation from you that the Programs, Services, Events and Tickets have been delivered.

4.40 Payment will be made via electronic funds transfer (EFT) to your nominated bank account.

Cancellation of subscriptions

4.41 Cancellations of subscriptions must be sent to us in writing via email to hello@ridenation.com.au. We will notify you when your cancellation is accepted by us.

4.42 Service to your Ride Nation account will still be maintained after we notify you of the cancellation of your subscription and deactivated the day prior to the subsequent billing date.

Product refunds

4.43 Refunds for individual programs, activities, events and other products are the responsibility of the supplier and must be clearly stated in the program terms and conditions.

4.44 Refunds are to be administered and may be paid by the individual seller under its terms and conditions.

5 General

Promotion of good business practice

5.1 We aim to promote good business practices and a fair and efficient marketplace. All advertisers on the Site must comply with Australian Law and all regulations that apply to any transaction on the Site in which you are involved. Currency

5.2 All transactions are processed in Australian dollars (AUD).

Ride Nation not a party to transactions between Users on the Site

5.3 We are not a party to any contract between a Buyer and a Seller on the Site. To the extent that the law allows, there is to be no deemed association between a number of separate contracts.

Each purchase a separate contract

5.4 Each purchase by a Buyer from a Seller via the Site constitutes a separate contract between the Buyer and the Seller.

You may request amendments to these Terms

5.5 Nothing in these Terms precludes a User from approaching us and requesting to amend or qualify parts of these Terms in their particular case or for a particular transaction. Such requests will be considered by us on a case by case basis, and should be sent in writing via mail to Ride Nation PO Box 445 Collins Street West, VIC 8007 or by email to hello@ridenation.com.au. These Terms will continue to apply to you and your use of the Site, unless qualified or amended in writing signed on behalf of AC and expressly identified as an amendment of these Terms.

Relationship of parties

5.6 By using this Site you agree that there is no agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship intended or created by these Terms other than the agreement to host your advertisement on the Site and you shall not take any action or make any representation that you have any agency, partnership, joint venture, employee/employer or franchisee/franchisor relationship with CA.

Governing law and jurisdiction

5.7 The agreement formed when you accept these Terms is governed by, and construed in accordance with, the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Overseas Users

5.8 The Site may be accessed by Users from Australia and from overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site outside of Australia, you do so at your own risk.

Australian Consumer Law

5.9 To the extent required, the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is imported into these Terms.

5.10 To the extent permitted by Australian Law, we disclaim all warranties, representations and conditions, express or implied, with regard to any information, software or Products including but not limited to:

• merchantable quality;
  
• durability and fitness for a particular purpose;
  
• legal title; and
  
• non-infringement of Intellectual Property Rights.
  
  

5.11 To the extent permitted by Australian Law, neither AC nor any of its suppliers are liable for any Loss suffered by a Buyer or Seller in respect of Products advertised on the Site.
No waiver

5.12 Our failure to act or delay in acting in relation to a breach of any of these Terms is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.

Risk & Liability

5.13 We give no warranties in relation to the authenticity of advertisers or Users of the Site. To the extent permitted by Australian Law, we give no warranty as to the Products purchased from Sellers on the Site.

5.14 Some information on the Site may be uploaded by Sellers from external sources. We do not endorse or warrant the accuracy of this content nor do we accept any liability for inaccuracies or omissions in this content. The fact that content appears on the Site does not imply our endorsement of, or liability in respect of such content.

5.15 Unless expressly stated by us, hyperlinks to other websites contained within the Site are not maintained or controlled by us. These third party hyperlinks are provided as a reference solely for the convenience of Users. As a result we make no warranties about third party websites, nor do we accept any liability or responsibility for, or endorse the content or use of, these websites. If you enter a third party website from the Site, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.

5.16 All reasonable care will be taken while compiling the Site’s content, including advertising content. We do not however, warrant or represent that the Site is complete, current or free from typographical or other errors, or omissions. Information, advertisements, software and Product descriptions may include inaccuracies.

5.17 We will use reasonable endeavours to provide continual availability of our services and access to the Site. Access to the Site may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Site will be timely, continuous, fault-free, uninterrupted, secure or virus-free.

5.18 By reason of occasional technological difficulties, and to the extent permitted by Australian Law, we will not be liable for any compensatory or exemplary damages arising out of, or in any way connected with, use of the Site or inability to use the Site even if we have been advised of the possibility of damages. You release AC, its directors, officers, contractors, employees and agents against all Loss, claims, costs, demands, damages and liabilities related to use or inability to use the Site in this regard.