Terms and conditions


Introduction


Welcome to www.VintageMotorBikes.co. These Terms of Use, the Privacy Policy, and all policies posted on our site set out the terms on which we offer you access to and use of our site, Services, and tools (collectively “Services”). All policies and the privacy policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services.
The Terms of Use set out below take effect from 1st June 2019.


Your Account
 

To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

To be a registered Vendor with us you will need to create a Vendor Account. This means providing VintageMotorBikes.co with bank information, Government issued I.D in order to use the Services appropriately.
If you believe your Account has been compromised or misused, contact us immediately at VintageMotorBikes.co (help@VintageMotorBikes.co).


Policies
 

To use these Services, you must be over 18 years old. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things:

• violate any laws or the posting rules
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or send communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Vintage Motorcycles, the Services or the interests or  property of VintageMotorBikes.co users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access the Services and collect content for any        purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent; and/or
• bypass measures used to prevent or restrict access to the Services.


Abusing VintageMotorBikes Services
 

VintageMotorBikes.co and the motorcycle community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to VintageMotorBikes.co and any consequences that may result from your posts.

We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users.
You also accept that VintageMotorBikes.co is not under any obligation to monitor any data or content which is submitted to or available on the Services.


Services, fees and Commission
 

Using the Services of VintageMotorBikes.co is free for all vendors. VintageMotorBikes.co adds a commission onto the sale price of each item. This commission is typically a percentage of the vendor’s sale price and is included in the advertised sale price of each item, paid for by the purchaser. This commission covers credit card fees as well as the VintageMotorBikes.co’s costs of providing the website Services. Our fees are quoted in Australian Dollars. We’ll notify you of changes to our fees by posting the changes on the site or contacting vendors directly.

We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for VintageMotorBikes.co to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or Services listed on VintageMotorBikes.co's Services.
 


Responsibilities of VintageMotorBikes.co
 

VintageMotorBikes.co provides a free service to Vendors.

VintageMotorBikes.co is responsible for the following:
• Providing a sufficiently working system for customers to buy products from Vendors
• Providing a suitable and appropriate marketplace for people to use

VintageMotorBikes.co is not responsible for the following:
• The Vendors own policies on business.
• Relationship between Customer and Vendor
• Condition of products listed on VintageMotorBikes.co
• Lost or damaged products during shipping
• Accuracy of product specifications and images as these are provided by the Vendor
• Refunding of money due to damages to products, inaccurate product descriptions, change of mind by any party. • Vendors are responsible for ensuring the product is as described and photographed.
• They are also responsible for ensuring item will be packaged sufficiently for shipping


Refunds and Returns
 

In the event of a dispute over an item bought from a Vendor, VintageMotorBikes.co will not refund the customer directly. This is up to the Vendor and customer to solve as VintageMotorBikes.co cannot be held accountable for issues related to product description, shipping or similar.

VintageMotorBikes.co can provide support should an issue arise. Refunds for an item must returned directly from the Vendor to the customer. The commission on the item of sale will be kept by VintageMotorBikes.co to cover the fees associated with the transaction, and maintaining the service. In the event of an error or dispute between a customer and VintageMotorBikes.co, this will be handled separately from the Vendor. If you believe an error has occurred contact us here.


Third Party Services on VintageMotorBikes.co - STRIPE


You acknowledge and agree that by utilising any third party Services through our Services (such as Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s Services.


Content


VintageMotorBikes.co’s Services contain content from us, you, and other users. VintageMotorBikes.co is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions.

You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services.

Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law.

We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.


Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO)


Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.

If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, email us a Notice of Copyright Infringement report at help@vintagemotorbikes.co. Only the intellectual property rights owner can report potentially infringing items or listings through VintageMotorBikes.co's VERO Program. After we receive your first NOCI report, VintageMotorBikes.co will address the issue appropriately.


Legal and Financial Advice


You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services.


Limitation of Liability


Nothing in these Terms of Use excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law.

To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency. Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do.
As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered.

We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free.

Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law.

VintageMotorBikes.co’s liability to you for any failure by VintageMotorBikes.co to comply with any statutory guarantee under the Australian Consumer Law is limited to VintageMotorBikes.co supplying the Services again or paying you the cost of having the Services supplied again.

VintageMotorBikes.co excludes any liability to you for any loss or damage suffered by you as a result of VintageMotorBikes.co failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by VintageMotorBikes.co.


Indemnification


You will indemnify and hold harmless VintageMotorBikes.co and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.


Release


If you have a dispute with one or more VintageMotorBikes.co users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.


Personal Information


By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in Australia. VintageMotorbikes.co will not use your personal information for any purpose other than to communicate directly with you if required as part of a transaction, or to inform you of an important change or feature on the site. Your information will not be supplied to any third parties for any purpose, other than may be required by law.


Severability


If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.


General


These Terms of Use and the other policies posted on the Services set out the entire agreement between VintageMotorBikes.co and you, overriding any prior agreements. From 1 August 2018, this agreement is governed by the laws of Australia. We both submit to the non-exclusive jurisdiction of the courts of Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). We will send notices to you via the email address you provide, or by registered mail.

Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us. Send questions, comments or complaints to help@VintageMotorBikes.co

 

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