Limitation of Liability
Subject to any responsibilities implied by law and which cannot be excluded, Bicycle NSW and its directors, employees, servants or agents are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the content on the Websites, whether in contract, tort, negligence, statute or otherwise.
Bicycle NSW respects and upholds individuals’ rights to privacy protection under the National Privacy Principles as contained within the Privacy Act 1988 (Cth) (‘Privacy Act’).
Payments and Transactions
Bicycle NSW is an Australian business. The price of products and services sold by Bicycle NSW are always displayed in Australian dollars. Data transferred using the payment gateway provided on the Bicycle NSW website (bicyclensw.org.au) is secured with an industry-standard SSL certificate. The processing of credit card details is done by National Australia Bank. No credit card details are stored or processed by Bicycle NSW.
Liability and waiver
Nothing in these Terms excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (ACL)) which cannot lawfully be excluded, restricted or modified.
The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances. Section 139A of the Competition and Consumer Act (2010) (Cth) (CCA) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL. To the extent permitted by s139A of the CCA, members acknowledge and agree that Bicycle NSW excludes all liability in connection with the supply of recreational services for:
- physical or mental injury;
- the aggravation, acceleration or recurrence of a physical or mental injury;
- the contraction, aggravation or acceleration of a disease; and
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Bicycle NSW to comply with a guarantee in sections 60-62 of the ACL.
This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Bicycle NSW in accordance with s139A of the ACL.
The Civil Liability Act 2002 (NSW) (CLA) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from a breach of an express or implied warranty that the services will be rendered with reasonable care and skill. Subject to the paragraphs below, and to the extent permitted by law, members acknowledge and agree that Bicycle NSW excludes all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
Except as expressly included in these Terms, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these Terms.
Handling of enquiries, general concerns and complaints
If you have enquiries, general concerns or complaints about the Terms, or about Bicycle NSW’s behaviour in relation to the Terms, you undertake to communicate them in the first instance:
- to Bicycle NSW only;
- in sufficient detail; and
- through a channel made available by Bicycle NSW for that purpose.
Bicycle NSW undertakes:
- to provide one or more channels for communications to Bicycle NSW, which are convenient to users;
- to provide acknowledgement of the receipt of communications, including the provision of a copy of the communication, the date and time it was registered and Bicycle NSW’s reference code for the communication; and
- to promptly provide a response to the communication, in an appropriate and meaningful manner.
You further undertake to not pursue Bicycle NSW through any court, regulator or the media:
- until and unless Bicycle NSW has had a reasonable opportunity to respond to the initial communication; and
- while Bicycle NSW and you are conducting a meaningful dialogue about the matter.
Bicycle NSW declares that its undertakings in the Terms are intended to create legal obligations, and that those obligations are intended to be enforceable under the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and all courts which have jurisdiction to hear appeals from those courts. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
Changes to the Terms